PLATFORM TERMS & CONDITIONS – RESTAURANT PAGE SUBSCRIPTION

1. Introduction and Acceptance

These Platform Terms & Conditions (“Terms”) constitute a legally binding agreement between HERSOCIAL MANAGEMENT (Registration No. 202503277693 (KT0600334-H)) (“we”, “us”, or “our”) and the restaurant or food business subscribing to the Restaurant Page service on the Platform (“Restaurant”, “you”, or “your”). The Platform operates within Malaysia and provides a managed digital service where we create and maintain a Restaurant Page for participating restaurants, allowing them to display their business information, branding, and menu for discovery by users of the Platform.

By ticking the checkbox stating “I have read and agree to the Terms & Conditions”, or by subscribing to the service, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms. Such electronic acceptance constitutes a valid and binding agreement between you and us and shall have the same legal effect as a handwritten signature.

These Terms govern your subscription to and use of the Restaurant Page services provided through the Platform. Please read these Terms carefully before subscribing to the service.

2. Definitions

3. Eligibility and Authority

You represent and warrant that:

1. You are a business entity legally established in Malaysia and have the authority to enter into contracts.

2. The individual accepting these Terms on your behalf is authorised to bind you.

3. All information provided during subscription and subsequently (including business registration details, contact information and menu data) is accurate, current and not misleading.

4. You have and will maintain all necessary rights to grant us the licences and permissions described in these Terms.

4. Subscription Plans, Free Trial and Fees

4.1 Plans and Billing Cycles

We offer a single plan with three billing cycles:

*All fees are quoted in Malaysian Ringgit (MYR) and may be subject to applicable taxes. Payment is due in full upon subscribing or renewing. Fees are non‑refundable, except where required by law.

4.2 Free Trial

1. Eligibility. New Restaurant Page subscriptions include a complimentary one (1) month free trial period beginning on the date the Restaurant Page is registered. During this period, the Restaurant will have full access to the services without charge.

2. Reminder Before Expiry. Fourteen (14) days before the free trial ends, we will send a payment reminder email based on the subscription plan you have selected. If you make payment before the trial expires, your subscription will continue seamlessly into the selected billing cycle.

3. Non-Payment After Trial. If no payment is made after the free trial ends, your Restaurant Page will automatically be set to Inactive until payment is received.

4. Limitations. The free trial is available to first-time users only. Where more than one restaurant is registered under the same email address, only one (1) Restaurant Page will be eligible for the one-month free trial.

4.3 Payment and Invoicing

1. Payment Method. We will provide you with a payment link. Payment must be made by the due date indicated. If we have not received payment prior to the renewal date, your Restaurant Page will become Inactive.

2. Invoices. We will issue a sales invoice after payment is successfully made for your subscription. No invoice will be issued during the free trial period because no fees are charged.

3. Authorisation. You authorise us to charge any payment method provided for the applicable subscription fees. You are responsible for any bank charges or transaction fees.

4. Fee Changes. We may change our subscription fees in the future. Any change will be notified in advance and will apply only to subsequent billing cycles

5. Term, Renewal and Cancellation

1. The term of your subscription starts on the date your Restaurant Page is registered (i.e., the start of the free trial) and runs through the end of the selected billing cycle following the free trial.

2. Renewal is opt‑in. Fourteen (14) days before expiry, we will send a reminder email with a payment link. If you pay before expiry, your subscription renews seamlessly. If payment is made after expiry, the new subscription term will begin on the payment date. If the subscription is not renewed, the Restaurant Page will be set to Inactive.

3. You may cancel your subscription at any time by giving us written notice. Cancellation will take effect at the end of the current billing cycle; subscription fees already paid are non‑refundable.

6. Scope of Services

Subject to these Terms and receipt of payment, we will provide the following services during the subscription term:

1. Creation and Maintenance of Restaurant Page. We will create a dedicated Restaurant Page displaying: (a) your restaurant name, address, telephone number and other contact details; (b) your logo and branding; (c) a WhatsApp button to facilitate contact with you; (d) a direction button linking to a map service; and (e) a PDF version of your menu. We will update your Restaurant Page, including the menu, once per month during an active subscription period based on materials you provide. This is a managed service; you will not have direct access to modify the Restaurant Page. You must send updates to us. Unused monthly updates do not carry forward. Additional updates may be subject to our availability or may incur additional charges at our discretion.

2. Link for Marketing. We will provide you with a URL to your Restaurant Page. You may share this link on your social media or marketing materials.

3. Traffic Analytics (upon request). Upon your written request, and not more than once per month, we will provide you with aggregated traffic statistics for your Restaurant Page covering the thirty (30) days preceding the request. We do not guarantee any specific level of traffic or performance.

We do not provide online ordering, payment processing, reservation services or any other transactional functionality. The Platform presents information only; we are not party to any contracts between you and consumers.

7. Merchant Obligations and Content

1. Accuracy of Information. You must provide complete, accurate and up-to-date Restaurant Content and promptly notify us of any changes (for example, menu updates, pricing changes, contact details or business information). If you fail to respond to update requests within a reasonable period, we may update the Restaurant Page using the latest information available to us or mark the Restaurant Page as Inactive.

2. Compliance with Law. You must ensure that all Restaurant Content and your business operations comply with applicable laws, regulations and licensing requirements. For consumer protection, e‑commerce regulations require sellers to disclose their name, contact details, description of goods or services, price, payment method and terms. You agree to provide such information.

3. Licence to Use Restaurant Content. By providing Restaurant Content, you grant us a non-exclusive, royalty-free licence to use, reproduce, display and publish your Restaurant Content (including your trademarks, logos and menu) on the Platform and in related promotional materials solely for the purpose of operating and promoting your Restaurant Page. This licence remains valid for the duration of your subscription.

4. Ownership of Restaurant Content. You retain ownership of your Restaurant Content. You represent and warrant that you have all necessary rights, licences and permissions to provide such content to us and to grant the licence described in these Terms, and that the use of such content on the Platform will not infringe the rights of any third party.

5. Prohibited Content. You must not provide any Restaurant Content that is defamatory, obscene, hateful, discriminatory, illegal, or otherwise inappropriate. We reserve the right to refuse or remove any content that we, in our sole discretion, deem harmful or unsuitable.

6. Platform Role and Limitation of Responsibility. The Platform acts solely as an information display service that allows restaurants to showcase their Restaurant Pages to users. We do not provide food ordering, reservations, payment processing or delivery services, and we are not a party to any transactions, communications or arrangements between Restaurants and Users.

8. Intellectual Property Rights

1. Our Intellectual Property. The Platform, including its software, design, graphics, logos (other than Restaurant Content), trademarks, domain names and underlying technology, are owned by or licensed to us. We grant you a limited, non‑exclusive, non‑transferable licence to access and use the Platform in accordance with these Terms. No rights are granted to you other than as expressly set out herein.

2. Third‑Party Trademarks. You retain ownership of all Restaurant Content provided to us. By submitting such content, you grant us a non-exclusive, royalty-free licence to use, reproduce, display and publish your business name, logo, menu and related branding materials on the Platform solely for the purpose of operating and promoting your Restaurant Page. You represent and warrant that you have the necessary rights and authority to grant this licence and that such use will not infringe any third-party intellectual property rights.

9. Data Protection and Privacy

1. Compliance with PDPA. We process personal data in accordance with the Personal Data Protection Act 2010 of Malaysia (“PDPA”) and our Privacy Policy. Personal data processed by us may include the contact details of your authorised representatives or other information provided in connection with your subscription to the Platform.

2. Limited Data Collection. We collect only the personal data necessary to administer your subscription and support the Restaurant Page service. The Platform currently does not collect end-user personal data as it does not provide ordering or reservation functionality.

3. Security and Retention. We implement reasonable organisational and technical measures to protect personal data against unauthorised access, loss, misuse or disclosure. Personal data will be retained only for as long as necessary to provide the services, comply with applicable legal obligations, or support legitimate business purposes, after which it will be securely deleted or anonymised.

4. Data Subject Rights. You and your authorised representatives may request access to or correction of personal data that we hold about you in accordance with the PDPA. Requests may be submitted using the contact details provided in these Terms.

5. Cross-Border Data Transfer. Your personal data may be transferred, stored, or processed within or outside Malaysia. We take reasonable steps to ensure that any such transfers comply with the PDPA and that your personal data continues to be protected.

10. Non‑Payment, Suspension and Removal

We may suspend or deactivate your Restaurant Page (setting its status to Inactive) and remove it from the Platform if any of the following occurs:

1. Non‑payment. Subscription fees are not paid when due.

2. Providing inaccurate, misleading or outdated information.

3. Failure to respond to update requests within a reasonable time.

4. Closure or cessation of your business.

5. Content deemed inappropriate or harmful in our sole discretion.

6. Trial Abuse. We reserve the right to refuse, limit, suspend or terminate complimentary trial access if we reasonably believe the trial is being misused or abused (for example, by registering multiple restaurants under different accounts to obtain multiple free trials).

If your Restaurant Page is suspended for non‑payment, you may restore it by paying the outstanding fees; the new subscription term will commence on the payment date. If suspended for other reasons, you must remedy the breach to our satisfaction before the Restaurant Page can be reactivated. We are not liable for any losses arising from suspension or removal.

11. Limitation of Liability

1. To the maximum extent permitted by law, our total liability to you (whether in contract, tort (including negligence) or otherwise) for any claim arising out of or in connection with the Platform or these Terms will be limited to the subscription fees actually paid by you during the twelve (12) months preceding the claim.

2. We shall not be liable for any indirect, consequential, incidental, special or punitive damages, including but not limited to loss of profits, loss of business, loss of reputation or goodwill, loss of data, or anticipated savings, arising out of or in connection with the use of the Platform or the Restaurant Page service, even if we have been advised of the possibility of such damages.

3. We are not responsible for any delays or failures in performance resulting from events beyond our reasonable control (force majeure), including but not limited to acts of God, network failures, strikes, war, government restrictions or epidemics.

12. Indemnity

You agree to indemnify and hold harmless Hersocial Management, its directors, employees and agents from and against any claims, damages, losses, liabilities and expenses (including legal fees) arising out of or in connection with:

1. Your breach of these Terms;

2. Any Restaurant Content you provide, including claims that such content infringes intellectual property or other rights of third parties; or

3. Your violation of any law, regulation or third‑party right.

13. Modification of Terms

We may amend these Terms from time to time, for example to reflect changes in law, our services or pricing. We will publish the updated Terms on our Platform and may notify you via email. In accordance with best practices for click‑wrap agreements, we will provide clear and conspicuous notice of material changes. Your continued use of the Platform or failure to opt out after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must cancel your subscription before the effective date of the changes.

14. Governing Law and Dispute Resolution

1. These Terms and any dispute or claim arising out of them or their subject matter shall be governed by and construed in accordance with the laws of Malaysia.

2. The parties will attempt in good faith to resolve any dispute arising out of or relating to these Terms through negotiation. If the dispute cannot be resolved within thirty (30) days, either party may refer the dispute to the courts of Malaysia (and the parties submit to the exclusive jurisdiction of those courts) or, by mutual agreement, to arbitration under the Malaysian Arbitration Act 2005.

15. Miscellaneous

1. Entire Agreement. These Terms constitute the entire agreement between you and us regarding the Restaurant Page service and supersede all prior agreements or understandings.

2. Severability. If any provision of these Terms is found invalid or unenforceable, that provision will be severed to the extent necessary and the remaining provisions will remain in full force.

3. Waiver. Our failure or delay in enforcing any right or provision under these Terms shall not constitute a waiver of such right or provision.

4. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights or obligations (in whole or in part) to an affiliate or in connection with a merger, acquisition, sale of assets or corporate reorganisation.

5. Language. In compliance with the Consumer Protection (Electronic Trade Transaction) Regulations 2024, certain mandatory consumer disclosures on the Platform may be provided in Bahasa Malaysia. These Terms are provided in English.

6. Notices. All notices under these Terms must be in writing and sent by email to [email protected] or to the email address you provided during subscription. Notices will be deemed received when successfully sent.

16. Contact

If you have any questions, concerns or requests regarding these Terms or our services, please contact us:

HERSOCIAL MANAGEMENT
Registration No.: 202503277693 (KT0600334‑H)
Email: [email protected]
Telephone: +60 12‑373 0518