Mobiz® TOS - General Terms and Conditions
IMPORTANT: PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY AND
MAINTAIN A COPY FOR YOUR RECORDS.
BY SIGNED AND SUBMITTING Mobiz TOS Agreement and endorsed sales order form. YOU ACCEPT AND AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS, THE DOCUMENTATION, AND THE OTHER ITEMS REFERENCED HEREIN AND THEREIN (COLLECTIVELY, THE "AGREEMENT"), ALL OF WHICH ARE INCORPORATED INTO AND FORM PART OF THE AGREEMENT WHERE (“Documentation”) means the OFFICIAL written information about the Agreement and made available by MX to you as updated or amended by MX from time to time. THIS REPRESENT THAT YOU HAVE READ AND UNDERSTAND ALL OF THE PROVISIONS OF THE AGREEMENT.
THE AGREEMENT IS BETWEEN THE MAXTREME STRATEGY SDN BHD (“MX,” “WE,” OR “US”) THAT ACCEPTS THE ORDER FOR THE APPLICABLE PRODUCT (“mobiz®”) AND THE INDIVIDUAL OR LEGAL ENTITY THAT SUBMITS THE ORDER OR QUOTATION WITH SIGNATURE (“ACCOUNT HOLDER”, “Client”, “YOU,” OR “YOUR”).
· Agreement: means this general terms and conditions and all attachments that you have agreed with.
· MX (and “We” and “Us”): is Maxtreme Strategy Sdn Bhd
· Account Holder (and “Client”, “You” and “Your”): the individual or legal entity who has agreed to use mobiz® TOS app and agreed this Terms and Conditions.
· mobiz® TOS: is a product of MX that created for Food & Beverage market.
· Content: means data, information, graphics, images, photos, audio or video, sounds, signs, links, web pages, software and code, files, texts, visual works, musical work, works of authorship and components.
· CMS: is content management system which operated, administered and owned by Maxtreme Strategy Sdn Bhd.
· Account: is refer to the username and password of CMS that created by MX and given it to you once the mobiz® TOS app uploaded to app store / play store successfully.
· Third Parties (and “Customer”): means End user or others vendor, supplier.
· Play Store: is a digital distribution service, including a digital media store, the Google Play Store (originally the Android Market), operated and developed by Google. It serves as the official app store for the Android operating system, allowing users to browse and download applications developed with the Android SDK and published through Google.
· App Store (iOS): is a digital distribution platform, developed and maintained by Apple Inc., for mobile apps on iOS. The store allows users to browse and download applications that are developed with Apple's iOS SDK.
· mobiz® TOS app: it is a table ordering system app which allow customer to make order; make payment directly from the client’s restaurant app.
1. Prices and Payment
1.1 Hosting Fee is a yearly payment to MX after you submit an endorsement sales order & TOS Service Agreement.
1.1.1 MX will issue a pro-forma invoice after received the endorsed sales order. You have to make the payment within 14 days upon receipt the pro-forma invoice date.
1.2 Service Charge is a monthly payment to MX by using the payment methods that set up in TOS App by MX. You can choose any types of payment gateways as below:
1.2.1 E-Wallet Top Up: Customers top up their E-Wallet by paying cash to your cashier. As agreed, you should:
o Provide your customer the receipt of top up value under your company name;
o RM1 top up cash equal 1 point of E-Wallet. MX will issue a pro-forma invoice in monthly basis based on the monthly top up value reports from CMS.
o Make the service charge payment within 21 days upon receipt the pro-forma invoice date.
1.2.2 iPay88 payment / eGHL payment: Customers make their order payments via MX’s iPay88 account. The transaction payout processing period of 3 weeks will be taken by MX starting from every business week. You will receive a cheque and invoice for the business week after processing period. It includes the waiting time of ipay88 / eGHL payout period, therefore the payout processing period does not take into account possible delay cause by iPay 88, eGHL and payment authorization.
1.2.3 Cash on Delivery: Customers make order via TOS App and pay cash to your cashier after having their food and beverage. MX will issue a pro-forma invoice in monthly basis based on the monthly cash on delivery reports from CMS. You shall make the service charge payment within 21 days upon receipt the pro-forma invoice date.
1.3 All the payment including Hosting Fee and service charges are not refundable even you request or submit a cancellation request to MX. As an app owner, you are responsible to make the service charge payment until customers stop using the TOS app for top up or make any payment transaction.
1.4 Any contract or agreement for the supply of food delivery from the TOS App is between you and your customer. You agree to take full responsibility on your business including the product, services, payment, marketing plans and others related program that you offer to your customer.
1.5 All menu prices listed on the TOS App are correct at the time of publication; you are responsible to provide the correct menu pricing to MX in the 1st place before app development.
1.6 All menu prices listed on the TOS App, you are responsible to keep them up to date. In the case the price listed is not current, we are not responsible for any losses.
1.7 All payment (if any) is in currency Ringgit Malaysia (RM) and not refundable for any reasons.
2. Exclusion of warranties, representations and guarantees
2.1 We do not warrant, represent or guarantee:
● the accuracy of the information published on this mobile app;
● the completeness of the information published on this mobile app;
● that the information published on this website is up-to-date;
● or the information on the mobile app can be applied to achieve any particular result;
● app rejection by App Store or Play Store. Please refer to the regulation posted in App Store and Play Store. You may find the links in <Mobile App- Terms and Conditions>.
● access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. We may resolve the issue, carry out repairs, maintenance if required.
● App might be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App.
● We are not liable for the actions of third parties that you have assigned / give authority to access your CMS account.
2.2 To the maximum extent permitted by applicable law we exclude all representations, warranties and guarantees relating to this mobile app and the use of this mobile app (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
2.3 Your content (and its publication on our mobile app) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
Your content must be appropriate, civil, lawful and accord with generally accepted standards of etiquette and behaviour on the mobile app and CMS. You must not use our mobile app and CMS to link to any website or web page and any other platform consisting of or containing material that would, were it posted on our mobile app, breach the provisions of these terms and conditions.
3. Developing Period
3.1 After submitted the TOS agreement and endorsed sales order to us, you must provide complete details information that stated in product checklist via internet, mobile phones, tablets and other current or future platform or media within 30 days from pro-forma invoice date.
3.1.2 Production lead time 30 working days upon receiving the hosting fee payment and complete details (Product checklist information)
3.1.3 Once the mobile app setup is complete, client has to make confirmation with clear approval via email within 14 days.
3.1.4 Client entitle for maximum 2 times amendments only during set-up period. These amendments based on CMS availability only.
3.1.5 MX will not take any responsibilities on the delayed if client failed to fulfil the above statements.
3.1.6 The hosting fee payment will be forfeited and MX will not upload app into App Store and Play Store if client failed to fulfil the above statements.
4. App Submission
You must not use the App for any of the following purposes:
(a) Anything unlawful or illegal or fraudulent or malicious or which promotes any criminal activity or provides information about the same;
(b) Anything which is defamatory, harassing or threatening or which otherwise infringes or violates the rights of others. This includes any information that you may add or upload to the App;
(c) Interfering in any way with any other user of the App; and/or
(d) Knowingly introducing viruses or other malicious or harmful material or using it in connection with unsolicited communications.
(e) You must not use the App in a way that may damage or impair the App, the Service or our underlying systems and security.
(f) In case of violations of third-party rights or other legal regulations, we reserve the right to block or drop members, project, proposals, comments and other content without prior notice, as well as arranging other measurements, to prevent misuse of MX’s products & services.
4.2 We do not accept any responsibility for:
(a) malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send or the material you access via the App;
(b) any losses or delays send messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under our control;
(c) viruses that may infect your computer equipment or other property on account of your access to or use of the App or your accessing any materials on the App;
(d) any unauthorised use or interception of any message or information before it reaches the App or our servers from the App;
(e) any unauthorised use or access to data on you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to protect your data), to the extent permitted by local law;
(f) any content provided by third parties.
(g) Your mobile app reject by App Store or Play Store if breaking their rules.
(h) hosting starts from the date of the very first app uploaded to Play Store/ App Store.
5.1 The TOS app delivery periods quoted at the date of ordering are approximately only and may vary. The delay on complete details (Product checklist information) submission will affect the delivery date.
5.2 You shall able to download your TOS app from App Store or Play Store at the hosting date.
5.3 The food and beverage orders are delivered by you to your customers. MX will not be liable for any loss caused to you for any orders make by customers via TOS app.
5.4 All risk in the food and beverage delivery, including the quality and quantities of orders shall pass to you upon delivery.
5.5 MX shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery
6 Basic Training
6.1 All clients entitle for basic training at MX HQ/any public area within Klang Valley. Any advance training, special training arrangement, on-site training, more than 2 users, additional training session(s) or whichever request that exceeded the terms & conditions below are subject to additional charges. Clients have to agree on the following terms & conditions:
a) You entitle for 1 complimentary basic training session in MX HQ/any public area within Klang Valley.
b) Basic training includes CMS training and app’s features sharing
c) Each company is only allowed for maximum 2 users per session.
d) Each training session is limit to maximum of 4 hours.
e) Additional charges of RM80 for subsequent hour per session.
f) Additional charges of RM50 per pax/session for additional candidate.
g) Additional charges of RM300 per session for additional training.
h) Additional charges applied for training outside of Klang Valley and based on availability.
i) You must place booking at least 1 week in advance before the training. All training sessions are subject to availability.
j) Cancellation or Rescheduling fees apply based on conditions:
o Basic training will be forfeited if you cancel or reschedule training session more than 2 times or
o Client has to inform us 3 days in advance from the scheduled training.
6.2 All training materials provided by us are solely owned by Maxtreme Strategy Sdn Bhd. All materials available from Mobiz website, Mobiz CMS system including the design, graphics and text of all printed materials, the audio of all webinars and video are Maxtreme Strategy Sdn Bhd Intellectual Property. Mobiz content cannot be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without the MX prior permission. Any such use is strictly prohibited and will constitute an infringement of the MX’s intellectual property rights.
7. Refund and Return policies
7.1 Upon the expiry or termination of this Agreement, you will return to the Service Provider any property, CMS system, documentation, records, TOS App, or Confidential Information which is the property of the Service Provider.
7.2 Upon the return of above items to service provider, you are not entitled to refund any payment including the hosting fee, add-on fee and service charges from service provider.
7.3 Upon the cancellation order and/or refund request from customers, MX are not taking any responsibilities on Merchant’s business, marketing plan and or any promotions events. MX only provides the authorities to collect the orders payments via online transaction and / or the credit cards transaction on behalf of Merchant.
(a) You must provide true, accurate and current information when you sign up for an account with us or to use the Services.
(b) You are responsible to maintain and promptly update your information to keep it true, accurate and current.
(c) You are responsible to maintain confidentiality of your account and password, and for restricting access to your computer or devices. You agree to accept responsibility for all activities that occur under your account or password.
(d) We may suspend or terminate your account at our discretion if we believe that you have violated the Terms and Conditions.
(e) The Services are available for users who are aged 18 and above. If you are under the age of 18, you must not register with us or use the Services.
9. Security Management
9.1 You will be liable for any losses and costs incurred for any divulge information on TOS, End user and MX information. You are responsible for securing your CMS account & password, TOS App’s registered user ID & password and E-wallet PIN, MX will not be liable for any loss of cash or other valuables from your premises.
9.2 You agree to
(i) keep your CMS & TOS App’s accounts & passwords, for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts,
(ii) instruct each person to whom you give your user ID and password that he or she is not to disclose it to any unauthorized person,
(iii) notify us immediately and select a new user ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and
(iv) notify us immediately if you are contacted by anyone requesting your user ID and password.
Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your user ID and password and take any other related action as we may reasonably request.
9.3 We discourage you from giving anyone access to your user ID and password for your account with us and your email account. However, if you do give someone your user ID and password, or if you fail to adequately safeguard such information, you are fully responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
9.4 You agree to remind your customer to keep their App registered user ID, password and E-Wallet PIN securely. E-wallet PIN is not changeable and do not have any way to retrieve it, please keep the E-wallet PIN without forget it.
9.5 EACH USER ACKNOWLEDGES AND AGREES THAT:
(1) NEITHER MX NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY CMS / TOS App USER’S ID OR PASSWORD; AND
(2) THE UNAUTHORIZED USE OF YOUR USER ID AND PASSWORD FOR YOUR Mobiz® CMS ACCOUNT OR Mobiz® TOS APP ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH MX AND OTHER USERS.
9.6 Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner
We may at any time limit access to, or modify or cease, the whole or part of the Services.
You are responsible for all equipment, devices and data connection at your own costs to use our TOS App。
11. Service Contract
The service contract is effective from the hosting date until the cancellation order date. Hosting date is referring to the date of very first successful app uploaded into Play Store & App Store.
The service contract will only terminate when:
(a) Buyer submits a cancellation order 1 month before the service contract end.
(b) MX accept the cancellation order and send an email on the service termination date.
12.1 We aim to provides but do not guarantee continuous or fault free services. We are not liable to you in contract, tort (including negligence), or otherwise for any loss or damage (e.g. lost profits or business or consequential losses that you may suffer in with the Services (or a failure to provide the Services.).
12.2 You assume sole responsibility for results obtained from the App, and for conclusions drawn from such use. You will take liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the App, or any actions taken by us at your direction.
12.3 You hereby release MX, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any suppliers, or between you and other App or Website users.
MX will revise this general terms and conditions at any time by updating this posting. By continuing use MX product and services, you agree to be bound by the latest terms and conditions. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP. THE APP IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.
UPON ANY BREACH OF THIS GENERAL TERM AND CONDITIONS BY CLIENT, MX MAY TERMINATE ANY OR ALL OF THE AGREEMENT IN WHOLE OR IN PART WITHOUT ANY LIABILITY OR WITHOUT COMPENSATION OR NO REFUNDABLE PAYMENT OR TERMINATE PENALTIES OF ANY KIND.