Terms of Service

Welcome to WhatsMenu, a business management and online ordering platform provided by Websumo Solutions (Co. Reg. No. 201803015504) ("WhatsMenu"). By signing up for a WhatsMenu Account, you are agreeing to these Terms of Service. Please read them carefully.

1. ACCEPTANCE OF TERMS

By creating a Merchant Account on WhatsMenu, you agree to be bound by these Terms of Service. You are responsible for ensuring that your business information accurately reflects your legal business name and details. If you are creating an account on behalf of your employer or organization, your employer will be considered the Merchant and you must use your employer-issued email address.

2. WHATSMENU'S RIGHTS

WhatsMenu provides various features and services subject to specific conditions. We maintain the right to remove or reject any products, services, or content that violate our policies. Any form of harassment, abuse, or inappropriate behavior directed at WhatsMenu personnel may result in immediate account termination. We reserve the authority to request documentation to resolve account ownership disputes and have final decision-making power in such matters.

3. MERCHANT'S RESPONSIBILITIES

3.1 Fulfillment and Business Information
You agree to provide accurate contact information, refund policies, and order fulfillment details on your WhatsMenu Site. Our platform is not a marketplace - all sales contracts are direct agreements between you and your customers. You are solely responsible for all business operations, product/service accuracy, transaction processing, legal compliance, and any violations of applicable laws.

3.2 Compliance and Legal Responsibility
You bear complete responsibility for all content, goods, or services you offer through our platform, including compliance with all applicable laws and regulations. Using WhatsMenu services for any illegal purposes is strictly forbidden. Examples of prohibited activities include, but are not limited to:

- Misleading Information: Providing false or deceptive information about your products or services
- Unauthorized Products: Selling counterfeit, pirated, or unauthorized goods
- Fraudulent Activities: Engaging in scams, phishing, or other deceptive practices
- Identity Fraud: Impersonating others or engaging in identity theft
- Illegal Activities: Participating in hacking, malware distribution, or unauthorized system access
- Content Violations: Sharing content that violates laws, regulations, or third-party rights
- Safety Violations: Failing to comply with relevant safety regulations and product information requirements

As a commerce platform, WhatsMenu is not responsible for most product eligibility or takedown disputes. These typically originate from external parties such as regulators or intellectual property rights holders. While we strive to provide notice and tools to help you address such issues when possible, you are ultimately responsible for resolving these matters.

3.3 API Usage
Use WhatsMenu API following our fair use guideline. You are responsible for secure API use with your credentials.

4. PRIVACY POLICY

Personal information use is governed by our Privacy Policy at https://whatsmenu.page/pages/privacy-policy. This policy complies with the Personal Data Protection Act 2010 (PDPA) of Malaysia and other applicable Malaysian data protection laws. For any privacy-related inquiries, you may contact us at the address provided below.

5. INTELLECTUAL PROPERTY AND YOUR MATERIALS

We acknowledge and respect your ownership rights regarding any content you upload to our platform. All content you own remains under your ownership and is your responsibility. However, by using WhatsMenu's platform, you grant us a license to use and publish the content you upload.

While you retain ownership and responsibility for the materials you upload, you provide WhatsMenu with a license to use the materials published through our platform. This license allows us to effectively operate and promote our Services.

6. THIRD PARTY SERVICES

WhatsMenu is not responsible for third-party services, and you use them at your own risk. If you choose to use Third Party Services on the WhatsMenu platform, you consent to us sharing your data (and potentially your customers' data) with those services. WhatsMenu requires merchant consent to transfer balances in third-party payment services. If you use Third Party Services, you agree that we do not provide any warranty, so seek appropriate advice beforehand.

7. PAYMENT OF FEES AND TAXES

7.1 Payment Method
WhatsMenu utilizes Stripe as our payment processor. All payment data is securely managed by Stripe, and WhatsMenu does not retain any payment card information. For any issues related to your payment cards, please contact Stripe support directly.

7.2 Subscription Fees
Subscription fees will be billed monthly or annually, depending on your chosen plan, and will continue until your subscription is terminated.

7.3 Service Fees
Additional service fees may be charged for services requested beyond your subscription plan. These fees will be processed through Stripe. If we encounter difficulties processing the initial payment, we may attempt subsequent charges using the same method. If payment remains unsuccessful within 21 days of our initial attempt, WhatsMenu reserves the right to temporarily suspend your business activities.

7.4 Tax Responsibility
You are responsible for all taxes related to your business operations and use of our Services, including but not limited to Sales and Service Tax (SST), Corporate Income Tax, and any other applicable Malaysian taxes. Depending on applicable regulations, you may need to remit taxes either to WhatsMenu or directly to the Inland Revenue Board of Malaysia (LHDNM).

7.5 Refund Policy
WhatsMenu does not provide refunds.

8. CONFIDENTIALITY

WhatsMenu and you, the Merchant, mutually agree to use any Confidential Information belonging to the other party exclusively for fulfilling the obligations specified in these Terms of Service. All Confidential Information must be handled with the highest level of care and protection throughout our business relationship.

9. LIMITATION OF LIABILITY AND INDEMNIFICATION

WhatsMenu shall not be responsible for any damages or legal actions that arise from your non-compliance with the law, violation of this agreement, or infringement of third-party rights. Our Service is provided on an "as is" and "as available" basis without any warranties, and our liability is limited in the event of errors or service interruptions.

By using our Service, you agree to indemnify and hold WhatsMenu harmless from any claims, losses, liabilities, or damages resulting from your actions, breaches of this agreement, or harm caused to third parties. This indemnification covers situations involving errors or interruptions that may occur while using our Service.

10. FEEDBACK AND REVIEWS

We welcome customer feedback but are under no obligation to keep ideas and suggestions regarding our Services or third-party services confidential. We may use this feedback in any manner we deem appropriate.

11. TERM AND TERMINATION

To initiate termination proceedings, you may cancel through the administrative dashboard or contact our support team. WhatsMenu will provide specific information regarding the termination process for your account.

Upon termination of the Services by either party for any reason:

- WhatsMenu will discontinue providing you with the Services
- unless otherwise specified in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise
- any outstanding balance owed to WhatsMenu for your use of the Services through the effective date of such termination will immediately become due and payable in full
- Your WhatsMenu Site shall be deactivated or modified as free plan

12. DATA EXPORT AND RETENTION

Upon termination of your subscription, you may request an export of your data within 30 days. WhatsMenu will provide your data in a standard format. After 30 days, your data may be permanently deleted. We retain the right to keep certain data for legal, regulatory, or business purposes as required by law.

13. SERVICE AVAILABILITY

WhatsMenu strives to maintain high service availability but does not guarantee uninterrupted access. We may perform maintenance, updates, or modifications that temporarily affect service availability. We will provide reasonable notice for scheduled maintenance when possible.

14. MALAYSIAN COMPLIANCE

14.1 PDPA Compliance
WhatsMenu complies with the Personal Data Protection Act 2010 (PDPA) of Malaysia. You acknowledge that your use of our Services may involve the processing of personal data as defined under the PDPA, and you agree to comply with all applicable data protection requirements.

14.2 Communications Act Compliance
WhatsMenu complies with the Communications and Multimedia Act 1998 (CMA) and related regulations. You agree not to use our Services for any activities that violate the CMA or other Malaysian communications laws.

14.3 Consumer Protection
These Terms of Service are subject to the Consumer Protection Act 1999 and other applicable Malaysian consumer protection laws. Nothing in these terms shall limit your rights under Malaysian consumer protection legislation.

15. FORCE MAJEURE

WhatsMenu shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, war, terrorism, riots, fire, labor disputes, or internet service provider failures.

16. GOVERNING LAW AND JURISDICTION

These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia. Any disputes arising from these terms shall be resolved in the courts of Malaysia, and you hereby submit to the exclusive jurisdiction of the Malaysian courts.

16.1 Dispute Resolution
In the event of any dispute arising from these Terms of Service, both parties agree to first attempt to resolve the matter through good faith negotiations. If such negotiations fail, the dispute shall be resolved through the Malaysian courts in accordance with Malaysian law. You agree to submit to the personal jurisdiction of the Malaysian courts for the resolution of any disputes.

17. SEVERABILITY

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect.

18. ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between you and WhatsMenu regarding the use of the Service and supersede all prior agreements and understandings.

19. WAIVER

The failure of WhatsMenu to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

20. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms of Service without the prior written consent of WhatsMenu.

Websumo Solutions (Co. Reg. No. 201803015504)
G-09, Jalan Pandan Prima 1, Dataran Pandan Prima, 55100 Kuala Lumpur, Malaysia

Last updated on: 15 July 2025