How to get TOS and Comments to show?

[modernmagic]

I upgraded from vm 2.6 to vm 3.8 but the TOS and Comments are missing now.

How do i enable TOS and a comment field at checkout.

Please see attached screenshots.

https://modernmagic5.sg-host.com/index.php/en/checkout

VM 3.8.8 10472
J 3.10.3
PHP 7.4.25
Template: https://themeforest.net/item/flatastic-responsive-multipurpose-virtuemart-theme/7084257
Protostar does not show TOS and comments either.

[jenkinhill]

You should add the shopper field for tos and customer_note