Terms & Condtions
Terms & Conditions
TERMS OF USE FOR FAST ORDER AND FAST TAKEAWAY USERS IN MALAYSIA
Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Software, please do not continue using Fast Order, Fast Takeaway or the Software.
The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and GLY Technology & IT Consultancy. (the “Company”).
GLY Technology & IT Consultancy (002725666-K) with its principal office at
B-01-03,
Garden Shoppe @ One City,
Jalan USJ 25/1A,
47650 Subang Jaya,
Selangor
(hereinafter referred to as The “Company”)
- Types of Services Rendered
1.1 The Company is the owner of a dynamic food ordering system software using innovative Artificial Intelligence-Based software features including Quick Response (QR Code) E-menu ordering integrated with Payment Gateway integration and Customer Relationship Management (CRM) system to manage and track consumers’ spending and behaviour. (hereinafter referred to as “Software”)
1.2 There are 2 types of services rendered- Fast Order – is a Dine-in option of the software aimed to help users have a faster ordering experience without having to interact with anyone from the restaurant, pay online via mobile payment options and reduce mistakes whilst ordering.
- Fast Takeaway – is a Takeaway option of the software designed to help users order takeaway from restaurants efficiently using a web based application and paying for the food in advanced via secure payment links or other mobile payment options
2. Uses of the Software
Fast Order and Fast Takeaway may be used for the sale and purchase of goods and services from all merchants and agents lawfully offering Fast Order and Fast Takeaway as an ordering solution (either by way of static/dynamic QR Code ordering, ordering via the web Application, or WeChat in-app platform), PROVIDED HOWEVER that no payments in violation of the provisions of these Terms & Conditions.
Applicable Fees and Charges:
There shall be no charges levied by the Company on usage of the Fast Order or Fast Takeaway software to the user
The Company shall charge merchants or agents those fees for usage of the Software as detailed in the Schedule of Applicable Fees and Charges, hereto.
You agree that the Fees and Charges provided for in the Schedule of Applicable Fees and Charges shall not be charged in addition to the regular offered costs of the goods or services, and that no surcharge for the use of the Software shall be required of consumers.
3. Payment Methods
3.1 Payments by the Software service may be made directly via Secure Payment Links that will be SMSed to the user of the software.
3.2 The Secure Payment Links are generated by licensed payment gateway partners such as GoBiz and iPay88. Payment methods include but are not limited to credit and debit cards, FPX, direct bank transfer and major e-wallets. This is referred to as the “Funding Source”
3.3 Users may choose to add any credit or debit cards or such other methods of making payment into the payment gateways.
3.4 The Company does not take responsibility for collections of payment or any payment interactions with the payment gateway in any way. Should there be any disruptions to service or fraudulent activity, the user shall be in contact with the payment gateway company responsible directly.
3.5 You agree that we may verify and authorize the Funding Source details when you first register the Funding Source with us as well as when you use the Service.
3.6 In the case of credit cards as the Funding Source, you agree that we may issue a reasonable authorization hold, which is not an actual charge against your card, in order to verify your payment method via your card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card.
3.7 The Company has the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.
3.8 You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
3.9 When you make or receive a payment, you are liable to the Company for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason including but not limited to claims, chargebacks, or if there is a reversal of the payment. You agree to allow the Company to determine (or in the case where a credit card is used as the Funding Source, to work with your credit card issuer) to determine the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to the Company by debiting your Funding Source.
3.10 You shall be responsible to resolve any disputes with your credit card company on your own.
3.11 You are responsible for all losses, reversals, fees, claims, penalties or chargebacks, incurred by you or the Company, another user, or a third party caused by or arising out of your breach of this Agreement, damage to or loss of your mobile device, the authorized use of your account by a third party and/or your use of the Service, and where such are borne by the Company, another user, or a third party you agree to reimburse the same for any and all such liability
4. Representations and Warranties
4.1 By using the Software, you further represent and warrant that you have the right, authority and capacity to use the Software and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate.
4.2 Your use of the Software is for your own sole, personal use. You undertake not to authorize others to use your identity or User status, and you may not assign or otherwise transfer your User account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in Malaysia or otherwise in the country, state and city in which you are present while using the Service.
4.3 You may only access the Software using authorized means. It is your responsibility to check and ensure that you have entered the correct domain on your device. The Company is not liable if you do not have a compatible device or if you have entered the wrong domain. The Company reserves the right not to permit you to use the Software should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
4.4 By using the Software or the Application, you agree that:
– You will only use the Service for lawful purposes;
– You will only use the Service for the purpose for which it is intended to be -used;
– You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
– You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake orders;
– You will not use the Software and/or the Web Application for purposes other than obtaining the Service;
– You will not impair the proper operation of the network;
– You shall not intentionally or unintentionally cause or attempt to cause damage to the third-party transportation provider;
– You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
– You will not copy, or distribute the Software or other content without written permission from the Company;
– You will only use the Software and/or the Application for your own use and will not resell it to a third party;
– You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
– You will provide the Company with proof of identity as it may reasonably request or require;
– You acknowledge and agree that only one (1) Fast Order account can be registered on one mobile phone or other electronic device operating the Software;
– You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
– You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service;
– You agree that the Software is provided on a reasonable effort basis, and you agree
to abide to the acceptable use policy listed below
5. Acceptable Use Policy
5.1 You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any third party as a result of any breach of the Terms of Use.
5.2 You agree not to use the Service in such a manner that you violate any law, statute, ordinance or regulation.
6. License Grant & Restrictions
6.1 The Company, its affiliates and its licensors where applicable hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.
6.2 You hereby agree that you shall not:
– license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
– modify or make derivative works based on the Application and/or the Software;
– create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device;
– reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software;
– launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software;
– use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
– post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
– operate the Application and/or the Software on jailbroken or rooted mobile devices; or
– remove any copyright, trademark or other proprietary rights notices contained in the Service.
6.3 You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to:
– send spam or otherwise duplicative or unsolicited messages;
– send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;
– send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
– interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein;
– attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks;
– impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
– to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
7. Intellectual Property Ownership
7.1 The Company and its affiliates, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
7.2 These Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors.
7.3 The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the third-party merchants or transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company and/or its affiliates, and no right or license is granted to use them.
7.4 For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.
8. Data Privacy & Personal Data Protection
8.1 You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.
8.2 For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company.
8.3 The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
8.4 The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purposes”):
– to perform the Company’s obligations in respect of any contract entered with you;
– to provide you with any services pursuant to the Terms of Use herein;
– process, manage or verify your application for the Service pursuant to the Terms of Use herein;
– to validate and/or process payments pursuant to the Terms of Use herein;
– to process any refunds, rebates and or charges pursuant to the Terms of Use herein;
– to facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
– to develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
– for internal administrative purposes, such as auditing, data analysis, database records;
– for purposes of detection, prevention and prosecution of crime including in relation to its obligations under AMLA;
– for the Company to comply with its obligations under law or regulations (whether in Malaysia or overseas including disclosing such Personal Data to Malaysian and overseas law enforcement agencies or courts);
– to respond to questions, comments and feedback from you.
8.5 In addition to the above, the Company may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”):
– to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
– to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
– to notify and invite you to events or activities organized by the Company, its partners, advertisers, and or sponsors; and/or
– to share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
8.6 If you do not consent to the Company processing your Personal Data for any of the Marketing Purposes, please notify the company by writing in to hello@fastorder.my
8.7 If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account or withdraw your permission to receive communications for Marketing Purposes, please update your details by sending your request to the support contact details by e-mailing hello@fastorder.my
8.8 The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
8.9 The Company reserves the right to transfer your Personal Data to its affiliates and outsourcees (whether in Malaysia or overseas) for the purpose of the use of such data in the operations of the Designated Payments Instrument or the IBS Services (as defined below) that are provided to the Company by such affiliates or outsourcees.
8.10 The Company is committed to full compliance with the provisions of the Personal Data Protection Act 2010 and has appointed a Personal Data Protection Officer for these purposes. Should you wish to request access to your personal data, or if you have any inquiries or complaints in respect of our processing of your personal data, such officer may be communicated with in writing at the above messaging service address.
8.11 A copy of the Company’s full Privacy Policy is available in English and Bahasa Melayu at the following link:
9. Limitation of Liability
9.1 The Company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accurate or completeness of the Service, the Application and/or the Software.
9.2 The Company does not represent or warrant that:
– The use of the Service, the Application and/or the Software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
– The Service and/or Rewards will meet your requirements or expectations;
– Any stored data will be accurate or reliable;
– The quality of any products, services, information, rewards or another material purchased or obtained by you through the Application will meet your requirements or expectations;
– Errors or defects in the Web Application and/or the Software will be corrected; or
– The Software or the Server that make the application available are free of viruses or other harmful components.
9.3 The Service and Rewards are provided to you strictly on an “as is” basis.
9.4 All conditions, representations and warranties, whether express, implied, statutory or other, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are here excluded and disclaimed to the highest and maximum extent allowed under Malaysian law.
9.5 The Service, the Application and/or the Software may be subject to limitations, delays and other problems inherent in the use the internet and electronic communications including the device used by you or other users being faulty, not connected, out of range of mobile signals or functioning incorrectly. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
9.6 To the fullest extent permitted by law, the Company shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with you use of the Service, the Application and/or the Software.
9.7 You agree to raise any complaints and disputes about incorrect Service within one month of the transaction, or of you becoming aware of the fraudulent usage of the Software, whichever is earlier.
10. Data Privacy & Personal Data Protection Policy
10.1 You agree and consent to the Company collecting, using, disclosing and processing your Personal Data for the Purposes and in the manner as identified hereunder.
10.2 For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, directly or indirectly, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to Grab by any means and/or any information about you that has been or may be collected, stored, used and processed by The Company.
10.3 The provision of your Personal Data is voluntary. However, if you do not provide The Company your Personal Data, your application/request to use the Software may be incomplete and the company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Software.
10.4 The Company may collect, use, disclose and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purposes”):
– to perform the Company’s obligations in respect of any contract entered with you;
– to provide you with any services pursuant to the Terms & Conditions herein;
– process, manage or verify your application for the Software pursuant to the Software Terms herein;
– to validate and/or process payments pursuant to the Software Terms herein;
– to process any refunds, rebates and or charges pursuant to the Software Terms herein;
– to facilitate or enable any checks as may be required pursuant to the Software Terms herein;
– to develop, enhance and provide what is required pursuant to the Software Terms herein to meet your needs;
– to conduct due diligence checks, credit assessment or evaluation with credit reporting agencies;
– for internal administrative purposes, such as auditing, data analysis, database records;
– for purposes of detection, prevention and prosecution of crime including in relation to its obligations under any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Malaysia or overseas);
– for the Company to comply with its obligations any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Malaysia or overseas including disclosing such Personal Data to Malaysia and overseas law enforcement agencies or courts);
– to respond to questions, comments and feedback from you;
– in accordance with any applicable laws permitting the use, collection, disclosure and processing of Personal Data;
– provided that in the event your data is shared with third parties including but not limited to The company’s affiliate companies, such third party shall be contractually obliged to provide no less protection for that data than the company.
11. Marketing Service
11.1 In addition to the above, The Company may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”):
– to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
– to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company and/or its affiliate companies, its partners, advertisers and or sponsors;
– to notify and invite you to events or activities organized by the Company and/or its affiliate companies, its partners, advertisers, and or sponsors; and/or
– to share your Personal Data amongst the companies within The Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with Fast Order’s and Group’s agents, Third Party Providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
11.2 If you do not consent to the Company processing your Personal Data for any of the Marketing Purposes, or if any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account or withdraw your permission to receive communications, please notify the Company through e-mail at hello@fastorder.my or if there are any queries about your personal data, please contact Fast Order by calling .
11.3 Fast Order will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
12. Termination
12.1 Either the Company or you may terminate this Agreement on one month’s notice in writing to the other.
12.2 You hereby agree that this Agreement shall terminate immediately in the event that you are:
– declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration;
– found in default of your debt obligations to a licensed bank by a Malaysian court;
– deceased; or
– found to be in breach of any of the terms stipulated in this Agreement.
12.3 In the event of any of the above, the Company reserves the right to deal with any such trustee, executive or representative of the Malaysian courts as in its sole discretion is considers appropriate in relation to the administration.
13. Assignment
13.1 This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company.
13.2 Any purported assignment by you in violation of this section shall be void.
14. General
14.1 This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
14.2 No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the Terms of Use or use of the Service.
14.3 If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
14.4 The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
15. INDEMNITY
It is mutually understood and agreed by and between the parties that each party takes legal and financial responsibility for the actions of its respective employees, officers, agents, representatives and appointed independent contractors. Each party agrees to indemnify, defend and hold harmless the other from and against any and all demands, claims, actions, liabilities, losses, damages, and costs, including reasonable lawyer’s fees, arising out of or resulting from the indemnifying party’s acts or omissions related to its participation under this Service Agreement, and each party shall bear the proportionate cost of any damages attributable to the fault of such party, its officers, agents, employees and independent contractors.
16. NOTICE
Any notice of communication required or permitted under this Service Agreement shall be sufficiently given if delivered in person or by registered mail to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
17. ASSIGNMENT
Neither party may assign or transfer the responsibilities or agreement made herein without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
18. AMENDMENT
Party A reserves the right to amend/withdraw any of the terms and conditions stated in this service agreement without prior notice.
19. GOVERNING LAW
This Service Agreement shall be construed in accordance with the laws of Malaysia.