Seller Policy Pages
1. Definitions and Interpretations
1.1 In this Agreement (including these general terms and conditions) or any document referred to in this Agreement, the following terms shall have the following meanings, unless otherwise clearly defined in this Agreement or therein:
- “Agreement” refers to the form attached to the tkismo merchant registration with these general terms and conditions, including any schedules, appendices, or other attachments attached to any of the foregoing, and all amendments, supplements, and changes thereto;
- “Applicable Law” refers to any applicable law, regulation, rule, order, judgment, or guideline passed or issued by any competent court or authority of the parliament, government, or any authority in the United States, currently or in the future;
- “Business Day” means any day other than a Saturday, Sunday, or public holiday in any state in the United States;
- “Contribution” has the meaning given to it in Clause 6 of these General Terms and Conditions;
- “Customer Account” refers to a customer's registered account on the tkismo platform;
- “Driver” refers to the party delivering products ordered by customers through the tkismo platform;
- “Effective Date” refers to the date on which tkismo approves the merchant's submission of the tkismo merchant registration form;
- “Merchant Outlet” refers to a restaurant or business premises owned, managed, and registered by the merchant to enable tkismo services, which may be modified and added from time to time by mutual agreement between the parties;
- “Merchant Information” refers to the merchant details set out in the Agreement;
- “Merchant SOP” refers to the standard operating procedures for merchants using tkismo services, which tkismo may modify from time to time at its discretion, whether or not notice is given;
- “Merchant Wallet” refers to a funds account held by the merchant with tkismo to hold transaction funds;
- “Net Sales” refers to the total price of the products in a transaction, excluding any taxes (including but not limited to any sales and service tax): (a) after deducting any discounts offered by the merchant on the tkismo platform; and (b) excluding any service fees, surcharges, and other fees recorded in the tkismo or its affiliates' system (if applicable);
- “Order” refers to the product order placed by the customer on the tkismo platform;
- “Parties” refers collectively to tkismo and the merchant, and “Party” refers to any one of them;
- “Products” refers to the food and/or beverages sold by the merchant through the tkismo platform;
- “Service Fee” has the meaning given to it in Clause 7.1 of these General Terms and Conditions;
- “tkismo Platform” refers to the e-commerce platform operated by tkismo on the mobile application or website (www.tkismo.com);
- “tkismo Platform” refers to the food ordering and delivery platform operated by tkismo on the tkismo platform for providing tkismo services;
- “tkismo Services” refers to the food ordering and delivery platform services that allow merchants to sell their products and customers to order products through the tkismo platform, which may be delivered by a driver or any other method determined by tkismo;
- “Transaction” refers to any transaction in which the customer orders and pays for products from the merchant through the tkismo platform; and
- “Transaction Funds” refers to the total amount paid by the customer for the transaction through the tkismo services on the tkismo platform.
1.2 In the Agreement (including these General Terms and Conditions):
- (a) References to statutory provisions shall include those provisions and any regulations made under them, whether before or after the date of this Agreement, as amended or re-enacted from time to time, and shall also include any past statutory provisions or regulations directly or indirectly replaced by such provisions or regulations (as amended or re-enacted from time to time);
- (b) References to "written" or "in writing" include any visible means of reproduction;
- (c) References to "including" shall be construed as "including but not limited to";
- (d) References to "clauses" or "schedules" refer to the clauses or schedules of these General Terms and Conditions (unless the context otherwise requires);
- (e) Unless the context otherwise requires, words in the singular shall include the plural and vice versa, and words referring to a specific gender shall include other genders (male, female, or neutral).
1.3 The headings in this Agreement (including these General Terms and Conditions) are inserted for convenience only and shall not affect the construction of the Agreement.
2. Scope
The Agreement to which these General Terms and Conditions are attached contains the terms for providing tkismo services (as may be revised from time to time).
3. Term
This Agreement shall continue in full force for one (1) year from the Effective Date and shall automatically renew for one (1) year unless either party gives written notice to the other at least thirty (30) days before the expiry of any term.
4. Description of tkismo Services
4.1 The merchant acknowledges and agrees that the tkismo services provided by tkismo are limited to (a) referring customers to the merchant; (b) acting as an intermediary between the customer and the merchant, accepting orders and receiving payments from customers on behalf of the merchant; (c) acting as an intermediary between the customer and the merchant, including transmitting orders and receiving payments from customers to the merchant. tkismo may, at its discretion, make changes to the tkismo services or suspend the tkismo services without notice.
4.2 tkismo shall display the range of products offered by the merchant on the tkismo platform, provided that the range has been communicated to tkismo and meets the standards determined and communicated by tkismo to the merchant.
4.3 The merchant shall provide tkismo with all necessary information required for displaying the products on the tkismo platform, including menus, products, product availability at any merchant outlet, operating hours and locations of the merchant outlets, logos, images, prices, and company identity as required by tkismo (“Necessary Information”). For the avoidance of doubt, if the merchant fails to provide the necessary information to tkismo, tkismo has the right to use any available information, including any images related to the products on the tkismo platform. Any changes to such information must be notified by the merchant to tkismo at least seven (7) business days before the change takes effect.
4.4 The merchant shall continuously verify the information published by tkismo and shall promptly notify tkismo of any errors or inaccuracies (within 1 hour of discovering the error or inaccuracy). For the avoidance of doubt, the merchant's menu, products, logos, images, prices, company identity, and other relevant information may be displayed on the tkismo platform and other media (including but not limited to Twitter, Facebook, and Google AdWords campaigns).
4.5 The merchant acknowledges and agrees that tkismo does not provide transportation services and does not act as a transportation service provider, courier, postal service provider, delivery service provider, food supplier, or agent for any party. tkismo makes no representations or warranties and does not guarantee the quality, safety, and/or legality of any products. tkismo does not guarantee the identity of any customer or ensure that the customer will complete the transaction.
4.6 The merchant acknowledges and agrees that the actual contract for the sale of goods is directly between the merchant and the customer, and tkismo is not a party to such contract and does not assume any responsibility, obligations, or liabilities related to any such contract or any disputes arising from any products. Such disputes shall be limited to the merchant and the relevant customer.
4.7 The merchant must handle any refunds and/or claims arising from transactions, including but not limited to chargebacks. tkismo may assist the merchant in processing refunds and/or claims, and the merchant further agrees that tkismo may, at its sole discretion, refund transaction funds to the customer without prior approval from the merchant.
4.8 tkismo reserves the right to suspend specific transactions and/or customer accounts and/or merchant wallets and/or tkismo services if tkismo believes that any of the following has occurred:
- (a) tkismo deems it necessary or desirable to protect the security of the customer account and/or merchant wallet and/or tkismo services;
- (b) tkismo believes the transaction (i) violates the terms of this Agreement or breaches the security requirements of the customer account and/or merchant wallet and/or tkismo services; (ii) is related to suspicious, unauthorized, or fraudulent transactions involving, including but not limited to, money laundering, terrorist financing, fraud, or other illegal activities;
- (c) if the transaction is for the sale of products or business activities not agreed upon by the merchant or deemed to violate applicable laws;
- (d) if the merchant engages in any prohibited activities under the merchant SOP or any other tkismo policies or any applicable laws; or
- (e) in any other circumstances related to tkismo’s compliance with applicable laws.
4.9 tkismo may, at its discretion, provide merchants with periodic education regarding tkismo service developments, including any changes or additions to the tkismo service facilities.
4.10 tkismo reserves the right to deduct service fees to which tkismo is entitled and contributions (if any) for providing tkismo services on the tkismo platform from the transaction funds.
4.11 If tkismo provides any equipment related to the provision of tkismo services (the "Equipment") to the merchant, including but not limited to electronic data capture (EDC) devices, the merchant agrees to be responsible for such equipment and is obligated to return it to tkismo in good condition upon termination of tkismo services. More detailed information regarding the use, technical and operational support, and/or problem resolution related to the equipment may be provided by tkismo
in the Merchant SOP and/or published by tkismo on the tkismo platform, which shall apply and be binding on both parties.
5. Obligations
5.1 The merchant shall register as a merchant using the tkismo merchant registration form or any other method determined by tkismo. The merchant shall integrate tkismo services into the merchant outlet and operate in accordance with tkismo's instructions and policies (which may be revised from time to time).
5.2 The merchant shall not allow any transactions involving products or items prohibited and restricted by applicable laws or tkismo policies.
5.3 The merchant shall retain records related to transactions for at least seven (7) years from the date of the transaction.
5.4 The merchant shall conduct business and operate the merchant outlet in compliance with applicable laws and ensure that its operations are not prohibited by applicable laws.
5.5 The merchant shall always hold all relevant licenses and permits required to conduct the merchant's business, including any food safety laws and regulations. If the merchant becomes aware of any violations of its business or if relevant authorities find its business in violation of any applicable laws, the merchant must immediately notify tkismo (no later than one (1) hour after receiving notice).
5.6 The merchant represents and warrants to tkismo that:
- (a) To the best of its knowledge, it has not received any funds related to any illegal, fraudulent, deceptive, or manipulative behavior or practices, and the merchant has not provided or received funds from illegal sources. If the merchant becomes aware of any such transaction, the merchant agrees to immediately notify tkismo to suspend any such transaction and/or customer account and/or merchant wallet;
- (b) The information related to the products published on the tkismo platform complies with all legal requirements, including all information related to customer protection and welfare and any legal regulations related to food sales;
- (c) The information provided by the merchant to tkismo is up-to-date and accurate and does not infringe on any third-party intellectual property rights;
- (d) The products provided, prepared, and sold to customers are of merchantable quality and safe for consumption, and their storage, production, and preparation comply with and will comply with all relevant retail, restaurant, and food safety regulations, as well as those determined by tkismo and any applicable laws;
- (e) The merchant holds all licenses and permits required by applicable laws, and there are no ongoing criminal, bankruptcy, or tax proceedings or other pending penalties related to the merchant's business operations;
- (f) The merchant will not solicit data and/or information on behalf of tkismo and/or its affiliates from customers or other parties in any manner without the prior written consent of tkismo and/or its affiliates.
5.7 If any product is spoiled, defective, or causes food poisoning, allergies, or other consequences affecting any customer, the merchant shall be fully responsible and/or legally liable for such incidents and shall indemnify and hold tkismo harmless from any claims, damages, or losses related to such matters.
5.8 The merchant represents and warrants that it is not prohibited by applicable laws and that the merchant or anyone with a "significant interest" in the merchant (defined as anyone who directly or indirectly owns or controls 10% or more of the voting rights of a company through the merchant or has control in the merchant's board of directors) is not the subject of any sanctions imposed or enforced by any applicable governmental authority in the United States (collectively, "Sanctions"), nor is the merchant located, organized, or resident in a currently sanctioned country or region. The merchant shall not use tkismo services in any manner that would cause any party to violate sanctions. The merchant and its subsidiaries and affiliates have not knowingly engaged in any transactions or dealings with any person or entity, or in any country or region, that is or has been a subject of sanctions at the time of the transaction or dealing.
5.9 The merchant agrees that it and its affiliates shall comply with applicable laws related to anti-corruption laws and shall not engage directly or indirectly in any activities that could result in a violation of such laws, including but not limited to directly or indirectly offering, offering, or promising anything of value to any governmental authority or official that may result in a violation of any such laws. The operations of the merchant and its affiliates shall at all times comply in all material respects with applicable laws related to anti-money laundering and financial record-keeping and reporting requirements.
5.10 The merchant shall not:
- (a) Decode or reverse engineer the tkismo or tkismo platform systems;
- (b) Perform any actions that may damage and/or disrupt the tkismo or tkismo platform systems;
- (c) Perform any actions intended to copy, replicate, and/or steal tkismo services, tkismo, and/or customer information and/or data.
5.11 The merchant agrees to participate in tkismo's promotional and marketing activities, including co-funded activities ("Promotional Activities organized by tkismo"). If the merchant wishes to opt-out of participation in promotional activities, the merchant shall notify tkismo's customer service of its intent and complete the opt-out form. tkismo shall process the withdrawal request within fourteen (14) days of receiving the completed opt-out form.
5.12 The merchant shall be responsible for maintaining the confidentiality of any and all identification, passwords, personal identification numbers (PINs), or any other codes used to access the merchant wallet. The merchant shall be fully responsible for all activities that occur under its merchant wallet, even if such activities or uses are not carried out by the merchant. tkismo shall not be liable for any loss or damage arising from unauthorized use of the merchant's credentials or the merchant's failure to comply with these terms.
6. tkismo Co-Funded Activities
If the merchant participates in the activities, the merchant's contribution to the activities ("Contribution") shall be based on each net sale recorded in the tkismo system. tkismo shall notify the merchant of its contribution share in the relevant activities via email or any other means determined by tkismo at its discretion.
7. Fees and Taxes
7.1 In consideration for the tkismo services provided by tkismo, the merchant shall pay a service fee ("Service Fee") to tkismo as set out in the tkismo merchant registration form. The service fee shall be charged on each net sale based on the successful transaction recorded in the tkismo system. The service fee does not include any service and sales tax (SST), and the merchant shall be responsible for any taxes collected by tkismo on the service fee.
7.2 The settlement terms for transaction funds after deducting the service fee, contributions (if any), and/or other fees (if any) shall be further specified in the merchant SOP and may be subject to change at tkismo's discretion.
7.3 Unless otherwise specified by applicable law, for certain reasons, the merchant hereby authorizes tkismo and/or its affiliates to initiate debit or credit entries to the merchant wallet at any time by providing written notice to the merchant, including:
- (a) Correcting any errors in the processing of transactions and/or instructions provided by the merchant to tkismo, including but not limited to duplicate payments;
- (b) Where tkismo determines that the merchant is engaged in any fraudulent or suspicious activities and/or transactions;
- (c) Related to any rewards or rebates;
- (d) Related to any unpaid fees or contributions (if any);
- (e) Related to the resolution of any transaction disputes, including any compensation from or to the merchant; and
- (f) Any other reasons related to any transaction as determined by tkismo in the future.
7.4 tkismo may, at its discretion, modify the service fees, contributions, or any other applicable fees or include any additional fees at any time by providing written notice to the merchant.
7.5 The merchant shall be responsible for calculating and paying all applicable taxes (including but not limited to sales taxes, value-added taxes, or similar taxes, "Taxes") on all transactions conducted through the tkismo platform and agrees to pay all such taxes promptly. If the merchant fails to pay such taxes, and tkismo is required to pay such taxes and (if applicable) any related penalties, tkismo shall have the right to recover such amounts paid by tkismo.
8. Intellectual Property
8.1 tkismo and/or its licensors retain and shall retain all rights, title, and interest in and to all copyrights, trademarks, and other intellectual property rights related thereto, except as expressly granted to the merchant in this Agreement.
8.2 The merchant grants tkismo a worldwide, non-exclusive, royalty-free, non-transferable license to reproduce, use, and display any intellectual property rights licensed by the merchant to tkismo solely for the purpose of performing this Agreement during the term of this Agreement. The merchant warrants and represents that it has or has the right to use and sublicense the intellectual property rights licensed to tkismo.
8.3 The merchant represents and warrants that it owns or is the lawful licensee of all intellectual property rights used under this Agreement and that there is no infringement or violation of any third-party ownership or intellectual property rights, and that no other party will claim ownership of such intellectual property rights.
8.4 All reports, specifications, and other similar documents prepared or created in connection with or during the course of this Agreement, including any documents related to tkismo services, materials, and any derivatives of any intellectual property rights granted by either party, shall be the sole property of the party preparing such documents. For the avoidance of doubt, all intellectual property rights existing in the reports, specifications, and other similar documents set forth in this clause shall at all times be owned by the relevant party.
8.5 Each party warrants to the other that it will not use any of the other party's trademarks in any marketing activities, including but not limited to promotional activities, without the prior written consent of the other party. Notwithstanding the foregoing
, tkismo shall have the right to use the merchant's trademarks to promote tkismo services and related promotional activities on all platforms of all media worldwide.
9. No Warranty
9.1 The tkismo services are provided "as is," without any representations or warranties, express, implied, or statutory. tkismo and any of its subsidiaries and affiliates, officers, directors, agents, joint ventures, employees, and suppliers expressly disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. tkismo has no control over the products paid for through tkismo services. tkismo does not guarantee continuous, uninterrupted, or secure access to any part of the food service, and the operation of the tkismo website may be temporarily suspended for maintenance or upgrades or affected by many factors beyond tkismo's control. tkismo will make reasonable efforts to ensure the timely processing of tkismo services, but tkismo makes no representations or warranties regarding the time required to complete processing.
9.2 tkismo is not responsible for:
- (a) Any suspension or refusal to accept payments that tkismo reasonably believes to be fraudulent or unauthorized;
- (b) Any payment instructions received that contain incorrect or improperly formatted information;
- (c) Hardware, software, mobile devices, and/or internet connections that do not operate properly due to (including but not limited to) viruses, interruptions, or other forms of system disruptions (e.g., unauthorized access by third parties);
- (d) Any circumstances set forth in Clause 4.8.
10. Confidentiality and Personal Data
10.1 Each party shall keep confidential and shall not disclose or directly or indirectly use for its own or any other person's benefit (except for the proper performance of its obligations under this Agreement) any confidential information disclosed, provided, or otherwise made available to the receiving party by or on behalf of the disclosing party.
"Confidential Information" means any non-public, proprietary, and confidential material, data, and/or information, whether oral, written, electronic, or in any other form, and that can reasonably be understood to be confidential and proprietary by its nature or under the circumstances of disclosure, including products or information, intellectual property, business plans, operations or systems, financial and trading conditions, customer, supplier, debtor or creditor details, information related to the disclosing party or any of its officers, directors, or employees, associated companies, marketing information, prints, rates, and rate schedules, contracts, regardless of the form, format, or medium, whether machine-readable or human-readable, including written, oral, or tangible forms, and includes information conveyed or obtained through meetings, documents, letters, or inspection of tangible items. This clause does not apply to any Confidential Information that is in the public domain at the time of its disclosure, provision, or otherwise by the disclosing party and shall cease to apply to any information that subsequently becomes publicly available unless such public availability is due to any breach by the receiving party.
10.2 The receiving party may disclose Confidential Information to (a) its directors and employees whose duties will require them to access such Confidential Information, but the receiving party shall instruct such directors and employees to treat such Confidential Information as confidential and shall not use such Confidential Information for any purpose other than their proper performance of duties; (b) its external auditors, lawyers, and professional advisors, provided that the receiving party shall ensure that such persons to whom such information is disclosed are contractually bound by the obligations set forth in this clause and shall include appropriate confidentiality provisions in their employment and other applicable contracts.
10.3 Both parties shall comply with all applicable laws and any privacy policies related to personal data available on the tkismo platform in connection with this Agreement, as required by law.
For the purposes of this Agreement, "Personal Data" refers to personal data with the meaning assigned to it, under the control of a data user, and that a data processor needs or is required to provide services to fulfill this Agreement; "Data Processor" refers to any person who processes personal data solely on behalf of the data user and not for any personal purpose (excluding employees of the data user); and "Data User" refers to any person who, alone, jointly, or together with others, controls or authorizes the processing of any personal data but does not include a data processor.
10.4 The confidentiality obligations under this Clause 10 shall remain in effect after the termination of the Agreement and/or until the Confidential Information enters the public domain.
11. Force Majeure
11.1 The parties are released from all obligations and delays in performance caused by force majeure. "Force Majeure" refers to any unforeseen, unavoidable events and/or extraordinary circumstances beyond the reasonable control of the parties, including but not limited to epidemics or pandemics (excluding the epidemic/pandemic of COVID-19), natural disasters, wars, rebellions, invasions, sabotage, mass riots, and the presence of government regulations in currency matters that directly affect the performance of the Agreement.
11.2 A party delayed or unable to perform its obligations under this Agreement due to a force majeure event shall promptly notify the other party in writing as soon as possible after the occurrence of the force majeure event.
12. Termination
12.1 The parties may terminate this Agreement immediately under the following circumstances:
- (a) The other party files for bankruptcy, insolvency, or makes any arrangement or compromise with its creditors or assigns, or appoints a receiver or administrator over the party or its business, or the party voluntarily (except for reorganization or merger) or compulsorily goes into liquidation;
- (b) In the event of a material breach of this Agreement by the other party, or if the non-breaching party believes that the breach is remediable and provides an opportunity to remedy it, but the breach is not remedied within 30 (thirty) days from the date of notice of such breach by the non-breaching party;
- (c) If tkismo suspects any illegal activities, illegal and/or fraudulent activities committed by the merchant and/or the merchant's employees or agents;
- (d) If the other party violates or fails to comply with any applicable laws that may adversely affect the non-breaching party in any material respect, including any food safety or other regulations related to restaurants and/or meals;
- (e) By giving the other party thirty (30) days' prior written notice for any reason or no reason.
12.2 The termination of tkismo services shall not release or limit the merchant's or tkismo's obligations, liabilities, and responsibilities that arose prior to termination.
13. Assignment
13.1 The merchant may not assign any of its rights under this Agreement to any person without the prior written consent of tkismo.
13.2 The merchant may not allow any other person (except customers) to use the tkismo services without tkismo's prior written consent.
13.3 The provisions of this Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
14. Relationship of the Parties; Driver as an Independent Contractor
14.1 Nothing in this Agreement shall be construed as creating a partnership, joint venture, or agency relationship between the merchant and tkismo. Neither party has the authority to enter into any agreement of any kind on behalf of the other party.
14.2 The driver agrees that the third-party agreement for providing food delivery services to customers is an independent agreement between the customer and the driver, and the driver is not an employee or agent of tkismo. tkismo is merely an intermediary between the customer and the driver.
14.3 tkismo does not provide any transportation services and shall not be liable for any acts, omissions, failures, delays, or refusals to provide transportation services by the driver.
14.4 tkismo does not and shall not guarantee the safety, reliability, compatibility, or ability of the driver during the performance of its obligation to deliver products from the merchant to the customer. Therefore, the merchant hereby indemnifies and holds tkismo harmless from any and all liabilities, claims, causes, damages, or liabilities.
15. Indemnification
The merchant shall indemnify and hold harmless tkismo, its affiliates, and their respective officers, directors, employees, agents, and third-party contractors (the "Indemnified Parties") from any losses, liabilities, costs, and expenses (including full reimbursement of any legal and professional fees) incurred or suffered by the indemnified parties as a result of any claims made or threatened by a third party in connection with any products, the use of tkismo services or tkismo platform by the merchant and/or any breach of any provision of this Agreement, except where caused by the negligence, bad faith, or willful misconduct of tkismo. Notwithstanding anything else in this Agreement, the parties agree that neither party shall be liable to the other for any loss of profits, goodwill, business opportunities, and anticipated savings, or any indirect or consequential losses or damages suffered or incurred by either party.
16. Governing Law; Dispute Resolution
This Agreement shall be governed by the laws of the United States. In the event of any dispute, controversy, claim, or disagreement of any kind between the parties arising out of or relating to this Agreement ("Dispute Notice"), the parties shall attempt to resolve the dispute through mutual discussion between senior management of the parties within thirty (30) days from the date one party gives notice to the other party of the existence of a dispute. If the dispute cannot be resolved through mutual discussion within thirty (30) days, it shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect, which are deemed to be incorporated into this clause by reference. There shall be one (1) arbitrator, jointly appointed by the parties. If the parties cannot agree on the arbitrator, the arbitration shall be administered by the
Director of AAA in accordance with the AAA rules. The language of the arbitration shall be English. The place and seat of the arbitration shall be in the United States. The parties agree that the United States Arbitration Act shall not apply to this Agreement or any arbitration proceedings arising out of or related to this Agreement. This Agreement and the rights and obligations of the parties shall remain in full force and effect pending any award issued in any arbitration proceeding under this Agreement.
17. Notices
17.1 All notices under this Agreement shall be delivered by hand, sent by registered mail with overnight courier, or sent by email to the following addresses: (a) if sent to tkismo: tkismo Mobile Inc., Level 25, Menara Southpoint, Mid Valley City, 59200, USA. Email: legal.us@tkismo.com
Attention: Group General Counsel (b) If sent to the merchant, to the address listed in the merchant details or by any other method or manner determined by tkismo.
17.2 All notices under this Agreement shall be deemed properly delivered: (a) if delivered by hand, when left at the address required by this Clause 17; (b) if sent by overnight courier, on the second (2nd) business day after pickup by the courier; (c) if sent by email, on the day of sending, provided that such email is sent before 5:00 p.m. on a working day in the United States; if sent after 5:00 p.m. or on a non-working day, it shall be deemed delivered on the next working day. In the case of notice sent by email from the merchant, receipt of the notice shall be confirmed by tkismo customer service via email.
18. No Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right to enforce this Agreement or any other provision. Any waiver shall not be construed as a continuing waiver.
19. Severability
If any part of this Agreement is invalid, illegal, or unenforceable, that part shall be severed from the remainder of this Agreement, and the remainder shall continue to be valid and enforceable to the fullest extent permitted by applicable law.
20. Entire Agreement
This Agreement (including all attachments and other documents referenced herein, including but not limited to the Merchant SOP and the standard operating procedures provided by tkismo for the provision of tkismo services) represents the entire agreement between the parties with respect to its subject matter and shall bind the parties. Anything not provided for in this Agreement shall be set forth in the Merchant SOP or any other documents published by tkismo on the tkismo platform. The Merchant SOP is an integral part of this Agreement, and by agreeing to this Agreement, the merchant agrees to be bound by the Merchant SOP. In the event of any discrepancies between any provision of this Agreement and any provision of the Merchant SOP regarding the provision of tkismo services on the tkismo platform, the provisions of the Merchant SOP shall prevail.
Last updated: August 11, 2024
