TERM AND CONDITION
ACCEPTANCE OF TERMS
This Terms of Agreement (“TOA”) is between the food operator(collectively, “You”), or on behalf of any company or any legal business entity you are representing or its affiliates and EVR Resources Sdn Bhd (collectively, “Eatmol”). Eatmol provides food system to help you to manage, sell or promote food business to your customers (collectively, “Customer”) at online or offline presence, subject to this TOA.
This TOA explains the terms and conditions governing your use of the system services, technology, and any other content available during your sign-up period. By clicking on the ‘I agree’ checkbox on the registration page, you have chosen to accept these terms and conditions and acknowledge during your sign-up. If you do not wish to accept this TOA, you must not accept these TOA and may not use the system service. Eatmol may change this TOA from time to time without prior notice.
DESCRIPTION OFSERVICE AND USE OF SERVICES
1. Eatmol is a Food and Beverage Business Management System. The system is only available for FOOD and BEVERAGE or any kinds of edible products. Other products are prohibited to use the system unless obtain the company’s approval prior to use the system. If you have already subscribed our system package online without approval, the company reserves the right to terminate your service without refund your subscription fee immediately.
2. Our subscription services and system are sold as per license-to-use software. Any replicated content without purchasing new licenses is prohibited.
3. We do not own or manage any information on your website. Our system is to allow you to display, promote, share, manage your business on your website. We do not take part in, or responsibility for any management issues. Therefore, we have not confirmed the accuracy and your content, and we do not warrant that the content in your website is accurate and active. You need to maintain and manage the content all the time. We cannot guarantee nor be responsible for the condition of the information displayed on Your websites. EatMol will have no liability or responsibility concerning User interactions with any other User.
Your Obligation and agree to:
1. You acknowledge that Eatmol system is a food and beverage management system. The system is integrated to third party payment gateway and delivery system to arrange for collecting payment, delivery service. The system will also integration to any other software on your behalf through the website. If you do not wish to use any of our integrated third-party software or services, you may “Turn Off”in your system setting. If you wish to arrange the delivery service by yourself, you can change the delivery setting from “Third party Delivery” to “Self-Delivery”in the system at any time.
2. By signing up for the system service, you are fully responsible to your system account details such as username and password at all time. It is prohibited for (1) one account used by multiple users. It is also your responsibility for maintaining and updating your materials including menu, prices, images, written content, information, or data from time to time if there is any changes. Remember that with any violation of these terms will cause the termination of your system service immediately.
3. For every incoming order, you must make sure that the order is deliverable before click “ACCEPT”. Once you have already accepted the order, which means that you allow the system send your order to third party delivery company automatically. If the order is undeliverable, you must click “DECLINE” to decline the order and inform your customer immediately.
4. Any goods or service supplied from the website is between YOU AND YOUR CUSTOMERS. You may need to communicate directly to your customer once you receive an order. If any rejection or changes on your order, you need to inform your customer directly. Eatmol is not responsible to update the order status, or any incorrect order, food spoiled, or not well cooked, and pricing different or wrong delivery address to your customer on your behalf. Any issue raised by your customer has to be settled directly between you and your customer.
THIRD PARTY PAYMENT GATEWAY - ORDER REFUND AND PAYMENT REIMBURSEMENT
1. Eatmol is 100% online payment website. You acknowledge that Ipay88, Boost will be your default payment gateway. (Third party payment gateway service providers have a right to revise the Merchant Discount Rate(MDR) at any time without given prior notice.)
2. You agree to grant Eatmol a right to collect the total transaction payment on behalf from third party payment gateway service providers. Eatmol will reimburse the net transaction amount (after deducted MDR) to your account by every fourteen (14) working days.
3. If You cancelled or declined an order and user has already made payment online, Eatmol will fully refund the full amount to user within fourteen (7) working days.
4. If you “DECLINED”or “CANCELLED” the order, You are agree to bear the Merchant Discount Rate and delivery fee (if the jobs has already accepted by third party delivery company) upon you decline or cancelled an order in the condition of the customer has already make payment and job assigned to rider.
THIRD PARTY DELIVERYGATEWAY
1. You acknowledge that Eatmol integrate Third Party Delivery Service to provide delivery service to your business. We DO NOT provide any warranties with respect to Third Party Delivery Services. You acknowledge that Eatmol has no control over Third Party Delivery Services and shall not be responsible or liable to anyone for such Third-Party Delivery Services.
2. In the event, when Third Party Delivery Service is unable to provide you any riders, You agree to be available at the time of delivery or arrange the delivery yourself or require change to another delivery service provider to ensure adequate arrangements made.
3. Eatmol DOES NOT provide any in house delivery service to you. All the terms and conditions is subject to Third Party Delivery Company’s terms and conditions respectively.
4. You acknowledge that the delivery fee is charges by third party delivery company,so the third party has the absolute right to revise the price anytime without given prior notice.
THIRD PARTY SOFTWARE SERVICES
1. In addition to these Terms of Service, you also agree to be bound by the additional service specific terms applicable to services you purchase from, or that are provided by Eatmol’s partners or other third-party service providers.
2. Eatmol may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links(collectively, “Third Party Services”) for your consideration or use, including via the Eatmol App Store. Such Services are made available only as a convenience, and your purchase, access or use of any such Third-Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). Any use by you of Third-Party Services offered through the Services or Eatmol’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and / or privacy policies applicable to such Third-Party Services before using them.
3. You agree and permit us to send your relevant data to those services providers. If you use them, you agree that we do not provide a warranty, so get advice beforehand.
4. Upon completion of sign up for any of the Service, Eatmol will create an account in the Third-Party Delivery Services Provider on your behalf, using your email address if it is a requirement of third-party service provider. If you do not wish to keep accounts active, it is your responsibility to deactivate them.
TOP UP CREDITS
1. You are required to top up credit to activate order receiving purpose. The top up credit is for the following services:
a. Receiving order
b. Deliver fee
d. Additional Merchant Discount Rate occurred if there is any
e. Additional delivery fee occurred if there is any
2. The credit is not applicable for:
a. Paid your yearly subscription fee
b. Exchange for cash
c. Paid for customization works
3. There is no expire of credits during your subscription is active.
4. If you wish to close your account and refund your credits, please send us a request email at [email protected] before your account is terminated. There is an administration fee of RM30 will be charged into your account. If your credit is less than RM30, The Company will take it as the final settlement amount and close your account. The Company would not liable or process on for any email request after your account has been terminated.
LIMITATION OF LIABILITY
1. You are agreed and understand that Eatmol shall not responsible if you break the law direct or indirectly, breach this agreement or go against the rights of a third party service providers’ rule and regulation, especially if you get sued. You use of the third-party service at your sole risk.
2. In no event shall Eatmol be liable for lost profits arising out of or in connection with our website, our services, or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Eatmol’s partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference or your violation of any law or the rights of a third party.
SUBSCRIPTION FEE REFUND
1. When you subscribe for Package plan, you agree to be bound by One (1) year contract. If you wish to cancel, terminate, or delete your account before it expires, the subscription fee, set up fee or any other direct or indirect payment has already made to Eatmol are NON-REFUNDABLE.
2. No matter what reason, Eatmol does not provide any refunds on customization work or purchase in our marketplaces or any other services that we provide.
3. You can write into us at [email protected] at any time when you wish to terminate your account without refund or compensation at any time.
1. Upon termination, we have the right to delete all data, files, or other information that is stored in your account. That information cannot be recovered once your account is terminated.
2. If you subscribe Eatmol Package online without paying the subscription renewal fee, there will be a suspension of your account and the system account will be reactivated once the payment is done.
If your subscription plan has not been activated after Six(6) months, your account is consider terminated and all information in the account is unrecoverable.
FAULT SEVERITY
| Severity 1 | Critical | Critical business impact. The system is inoperative with no work around possible Response time: 2 hours Resolution time: 6 hours |
| Severity 2 | Serious | Serious business impact. A large number of users (greater than 50%) are seriously impacted. Response time: 4 hours Resolution time: 12 hours |
| Severity 3 | Minor | Minor business impact. Productive work is not seriously impacted. Response time: Next business day Resolution: Next business day |
| Severity 4 | Service | Low or no service impact. Request for information. Response time: 5 working days Resolution time: 8 working days |
B. Response time : Refer to the time within which Eatmol shall response to the merchant request for corrective maintenance by phone or by providing a suitable qualified personal on site, the calculation of which shall commence from receipt of merchant fault report or request for corrective maintenance, which for avoidance of doubt does not mean the time within which a problem is to be resolved.
C. Resolution time: Referred to the time which the problem is to be resolved and/or request for information is to be met, the calculation of which shall, commence from the receipt of merchant fault request for corrective maintenance.
EATMOL RIGHT
1. Eatmol reserves the right to change, cancel, add, suspend, remove, or otherwise modify the Terms & Conditions, pricing, fees and services offered on your account at any time without prior notice to you.
2. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Eatmol’s customer, employee, member, or officer or fails to comply with any of the terms of this agreement will result in immediate Account termination without penalty or notice.