Terms of Service

1.1. These Terms of Service ("Agreement") constitute a legally binding agreement between you ("User", "you") and Waymaker Technologies Sdn. Bhd. (Company Registration No. 202301020497 (1514419-D)) ("Company", "we", "us", or "our"), the operator of the Dapor platform, its website, and related mobile applications (collectively, the "Site" or "Platform").

1.2. By accessing, downloading, or using the Platform, you expressly acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree, you must cease using the Platform immediately.

1.3. We reserve the right to amend these Terms at any time. Significant changes will be announced on the Site or via notification within the App. Continued use of the Site after such changes constitutes your acceptance of the new Terms.

2.1. Venue Only: The Platform acts strictly as an electronic venue and advertising space that allows food providers ("Caterers") to publish profiles and food listings, and allows customers ("Planners") to browse and contact them.

2.2. No Agency: The Company is not a caterer, restaurant, delivery service, or food preparation entity. We do not act as an agent for either the Planner or the Caterer.

2.3. Separation of Transactions

2.4. Payment Verification & Scam Prevention: Since the Company does not process food payments, the Planner is solely responsible for verifying the Caterer's bank account details before making any transfers. The Company shall not be liable for any losses arising from payments made to third parties, scams, or fraudulent accounts mimicking the Company or a Caterer.

2.5. Errors and Omissions: The Company does not warrant that product descriptions, pricing, or other content on the Platform is accurate, complete, reliable, current, or error-free. We are not responsible for typographical errors or pricing mistakes made by Caterers.

3.1. General Users: You must be at least 18 years old to use the Platform. By using the Platform, you warrant that you have the capacity to enter into contracts under the Contracts Act 1950.

3.2. Minors: If you are under 18, you may only use the Platform under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

3.3. Corporate Entities: If you are using the Site on behalf of a company (e.g., a catering business), you warrant that you have the authority to bind that entity to these Terms.

3.4. Account Security & Phone Numbers:

• You are responsible for maintaining the confidentiality of your login credentials (including OTPs sent to your mobile number).
• Recycled Numbers: You are responsible for keeping your registered mobile number up to date. The Company is not liable for any account access issues or data exposure resulting from your mobile number being recycled by a telecommunications provider and assigned to a new user.

4.1. Free Access: Access to the Platform for Planners to browse listings is currently free of charge.

4.2. Direct Negotiation: You acknowledge that prices, availability, and delivery terms are set solely by the Caterer. You are responsible for verifying the suitability and safety of the Caterer before placing an order.

5.1. Listing Packages: To post food listings on the Site, Caterers must purchase a valid package.

• Validity: Packages grant listing validity for a specific duration (e.g., 1 month) as specified at the time of purchase.
• Expiration: Upon the expiration of the package validity period, your listings will be labeled as "Expired" and will be hidden from the home page and search results until a new package is purchased.

5.2. Billing & Refunds:

• One-Time Payments: Payments for packages are one-time purchases and do not automatically renew. You must manually purchase a new package to reactivate expired listings.
• No Refunds: Unless otherwise required by Malaysian law, all fees paid for Packages are non-refundable, regardless of whether you make any sales through the Platform, or if your account is terminated due to a violation of these Terms.
• Taxes & Invoicing: All fees are exclusive of applicable taxes (such as SST) unless stated otherwise. You agree that all invoices and receipts from the Company will be delivered electronically.

5.3. Commercial Disclosures: You agree to provide all information required under the Consumer Protection (Electronic Trade Transactions) Regulations 2012 on your public profile, including your business registration number and contact details.

5.4. Payment Processors: We may use third-party payment processors (e.g., Payment Gateways) to process package fees. We are not responsible for any errors, acts, or omissions of these third-party processors.

6.1. You agree to use the Platform in compliance with the Communications and Multimedia Act 1998 and the Malaysian Content Code.

6.2. You shall not post or transmit any content that:

• Is false, inaccurate, misleading, or deceptive.
• Is offensive, indecent, obscene, menacing, or offensive to the religious sensitivities of the Malaysian public.
• Infringes on the Intellectual Property rights of any third party.
• Contains viruses, malware, or code that disrupts the Platform.
• Scraping: Engages in data mining, robots, scraping, or similar data gathering and extraction tools to collect user data or content from the Platform without our express written consent.

6.3. Halal Claims: If you market your services as "Halal", "Muslim-Friendly", or "Pork-Free", you bear full legal responsibility for the accuracy of these claims under the Trade Descriptions Act 2011. The Company reserves the right to remove listings that make unverified claims.

6.4. Reviews and Feedback: Planners may have the ability to leave reviews for Caterers. Reviews must be based on actual experiences. We reserve the right (but not the obligation) to remove reviews that we deem to be defamatory, spam, abusive, or intended to unfairly damage a Caterer’s reputation.

6.5. Content Standards: We reserve the right to reject or remove listings that contain low-quality images, misleading stock photos, or incomplete information, without refund.

7.1. Company Rights: All source code, database structures, "Dapor" trademarks, logos, and UI designs are the exclusive property of Waymaker Technologies Sdn. Bhd. and are protected by the Copyright Act 1987.

7.2. User Content License: By posting images, menus, or other content, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual license to use, display, reproduce, modify, adapt, and distribute such content for the purpose of operating, improving, and marketing the Platform (including on social media).

7.3. User Warranty: You warrant and represent that you own the necessary rights or licenses for any content that you upload to the Platform. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on the Platform.

7.4. Feedback: If you provide us with any ideas, suggestions, or feedback regarding the Platform ("Feedback"), you agree that such Feedback is non-confidential and becomes the sole property of the Company.

8.1. Right to Terminate (By Company): We reserve the right to suspend or terminate your account (Planner or Caterer) immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of this Agreement or engage in fraudulent activity.

8.2. Effect of Termination: Upon termination, your right to use the Platform will immediately cease. If you are a Caterer, your listings will be removed, and no refund will be provided for any remaining package validity.

8.3. Voluntary Cancellation (By User): You may delete your account at any time through the App settings. If you delete your account while you have an active listing package, the remaining validity period is forfeited and is non-refundable.

8.4. Data Retention: Upon termination or cancellation, we reserve the right to retain certain data (such as transaction history and invoices) as required by applicable laws (including tax laws and the PDPA) for audit and compliance purposes.

9.1. We collect and process personal data in accordance with the Personal Data Protection Act 2010 (PDPA).

9.2. Data Usage: We use your data to facilitate the Service, verify accounts, and improve user experience.

9.3. Third Parties: We do not sell your data. However, if you are a Planner contacting a Caterer, your necessary contact details may be shared with that Caterer to facilitate the order.

9.4. For full details, please refer to our Privacy Policy.

12.1. Governing Law: This Agreement is governed by the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction.

12.2. Severability: If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.

12.3. Force Majeure: We are not liable for any failure to perform due to causes beyond our control, including acts of God, floods, pandemics, or internet service failures.

12.4. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null.

12.5. Language: This Agreement is drafted in the English language. In the event of any discrepancy between the English version and any translation, the English version shall prevail.

13.1. If you downloaded the App from the Apple App Store or Google Play Store (each a "App Distributor"), you acknowledge that:

• This Agreement is between you and the Company only, not with the App Distributor.
• The App Distributor has no obligation to furnish any maintenance and support services with respect to the App.
• The App Distributor is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App.