Terms of Service

Welcome to WhatsMenu, a business management and online ordering platform provided by Websumo Solutions (Co. Reg. No. 201803015504) ("WhatsMenu", "we", "us", or "our"). By signing up for a WhatsMenu Account, you ("Merchant" or "you") agree 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, our Privacy Policy, and our Refund Policy. You are responsible for ensuring 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. You represent that you are at least 18 years old (or the age of majority in your jurisdiction) and legally capable of entering into a binding contract.

This platform is intended for business use. Individuals who place orders or otherwise interact with a Merchant's WhatsMenu storefront ("End-Customers") contract directly with the Merchant, not with WhatsMenu. Where a subscriber is acting as a consumer rather than in the course of a business, mandatory consumer rights under applicable law continue to apply (see Section 15).

2. WHATSMENU'S RIGHTS

WhatsMenu provides various features and services subject to specific conditions. We reserve the right to:

Remove or reject any products, services, or content that violate our policies or applicable law
Terminate accounts immediately for harassment, abuse, or inappropriate behavior directed at WhatsMenu personnel
Request documentation to resolve account ownership disputes, with final decision-making power in such matters
Modify, suspend, or discontinue any part of the Service, with reasonable notice where practicable

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 End-Customers. You are solely responsible for all business operations, product and 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 offered through our platform, including compliance with all applicable laws and regulations in every jurisdiction where you operate or where your End-Customers are located. Using WhatsMenu for any illegal purpose is strictly forbidden. Prohibited activities include, but are not limited to:

Misleading Information: Providing false or deceptive information about 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 product safety, labelling, or information requirements
Restricted Goods: Selling items that are regulated or prohibited in the Merchant's or End-Customer's jurisdiction (e.g., alcohol, tobacco, pharmaceuticals, weapons, adult content) without proper licensing and age verification

WhatsMenu is not responsible for product eligibility or takedown disputes, which typically originate from regulators or rights holders. You are responsible for resolving such matters.

3.3 End-Customer Data and Privacy Obligations
When you collect or process personal data of your End-Customers through WhatsMenu, you act as the data controller under applicable data protection law (such as GDPR, UK GDPR, CCPA, LGPD, PDPA, or others). WhatsMenu acts as your data processor. You agree that you will:

Maintain your own privacy notice disclosing how you handle End-Customer data
Obtain any consents required under applicable law
Handle End-Customer data lawfully, securely, and only for legitimate purposes
Respond to End-Customer data subject requests in line with applicable law
Not use End-Customer data obtained through WhatsMenu for unlawful marketing or unsolicited communications
Where required, enter into a Data Processing Agreement (DPA) with WhatsMenu, which is available upon request

You agree to indemnify WhatsMenu against any claims arising from your handling of End-Customer data.

3.4 Merchant Obligations Regarding Drivers
If you use the WhatsMenu Driver Application ("Driver App") to manage drivers for your delivery operations, you acknowledge and agree to the following:

3.4.1 Driver Employment Relationship Drivers added to your WhatsMenu account are your employees, not employees or contractors of WhatsMenu. WhatsMenu is a technology provider only. You are solely responsible for:

Hiring, supervising, disciplining, and terminating drivers
Setting and paying driver wages, commissions, allowances, and any other compensation
Scheduling, managing working hours, and approving leave
Providing any required training, uniforms, equipment, or delivery tools
Ensuring drivers hold valid driver's licences and any other legally required permits
Verifying drivers' right to work in the relevant jurisdiction
Conducting any background checks you consider necessary

3.4.2 Employment Law Compliance You agree to comply with all applicable employment, labour, and social protection laws regarding your drivers in your jurisdiction, including:

Employment contracts and statutory benefits
Minimum wage, overtime, and working hour limits
Workplace safety and occupational health requirements
Workers' compensation or equivalent insurance
Paid leave, holiday pay, and termination notice where required
Withholding and remitting any applicable income tax, social security, or other statutory contributions

3.4.3 Vehicle, Insurance, and Safety You are responsible for ensuring, or for requiring your drivers to ensure, that:

Vehicles used for deliveries are roadworthy and comply with local regulations
Appropriate motor insurance covers the driver and the use of the vehicle for delivery purposes
Drivers are briefed on and follow safe driving practices and any safety protocols appropriate for the goods being delivered (including food handling, hygiene, and temperature control where applicable)
Accidents, incidents, or near-misses are handled in accordance with applicable law and your workers' compensation arrangements

3.4.4 Data Protection for Drivers When you add drivers to the WhatsMenu platform, you act as the data controller for their personal data under applicable data protection law (including GDPR, UK GDPR, CCPA, LGPD, PDPA, or others). WhatsMenu acts as your data processor. You agree that you will:

Collect and process driver data lawfully under applicable data protection law
Provide drivers with your own privacy notice describing how their data is handled in connection with their employment
Obtain any consents required under applicable law
Handle driver data securely and only for legitimate employment purposes
Respond to driver data subject requests (access, correction, deletion, etc.) as the controller
Not use the Driver App to collect driver data beyond what is reasonably necessary for delivery coordination

3.4.5 Driver Conduct and Liability You are responsible for the conduct of your drivers during their work, including in their interactions with End-Customers. WhatsMenu is not responsible for:

Driver misconduct, negligence, or breach of law
Accidents, injuries, property damage, or loss of delivery items
Disputes between drivers and End-Customers, drivers and you, or drivers and third parties
Employment-related claims brought by drivers against you

3.4.6 Driver Indemnity You agree to indemnify, defend, and hold harmless WhatsMenu, its affiliates, officers, directors, and employees from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from:

Your employment or engagement of drivers, or the termination of that relationship
Any claim by a driver that they are or should be treated as an employee, contractor, or worker of WhatsMenu
Any breach by you of applicable employment, tax, labour, data protection, or insurance laws relating to drivers
The conduct, acts, or omissions of your drivers during or in connection with their work
Any accident, injury, or property damage caused by your drivers

3.4.7 Compliance with the Driver App Terms You acknowledge that drivers using the Driver App are separately subject to the WhatsMenu Terms and Conditions for Drivers and the Privacy Policy for Drivers. You agree to:

Inform your drivers that their use of the Driver App is subject to those terms
Not instruct your drivers to breach those terms
Cooperate with WhatsMenu in resolving any issues involving driver accounts, including account suspensions for platform-level security or fraud concerns

3.5 Geographic and Sanctions Compliance
You represent that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive economic sanctions (including but not limited to those administered by the United Nations, United States, European Union, or United Kingdom), and that you are not on any applicable list of prohibited or restricted parties. You agree not to use the Service in any manner that would violate export control or sanctions laws.

3.6 API Usage
Use of the WhatsMenu API is subject to our fair use guidelines. You are responsible for the secure use of your API credentials and any activity under your account.

4. PRIVACY

Personal information, including End-Customer personal data processed through the platform, is handled in accordance with our Privacy Policy at https://whatsmenu.page/pages/privacy-policy. Our Privacy Policy complies with applicable data protection laws including the EU/UK GDPR, the California Consumer Privacy Act (CCPA/CPRA), Brazil's LGPD, Malaysia's PDPA, and other applicable frameworks.

5. INTELLECTUAL PROPERTY AND YOUR MATERIALS

5.1 Your Content
You retain full ownership of all content you upload to our platform, including business names, logos, menu items, product descriptions, images, and other materials ("Merchant Content"). You are responsible for ensuring you have all necessary rights to the Merchant Content.

5.2 Licence to WhatsMenu
You grant WhatsMenu a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, transmit, and modify Merchant Content solely for the purpose of operating, maintaining, and providing the Services to you and your End-Customers. This licence terminates when you remove the content or terminate your account, except to the extent retention is required by law or for legitimate backup purposes.

5.3 Marketing Use
We may only use your business name, logo, or Merchant Content in our own marketing materials (e.g., case studies, testimonials, public customer lists) with your prior consent, which may be given or withdrawn at any time.

5.4 WhatsMenu Intellectual Property
All rights, title, and interest in the WhatsMenu platform, including its software, design, trademarks, and documentation, remain the exclusive property of Websumo Solutions. No rights are granted except as expressly set out in these Terms.

6. THIRD PARTY SERVICES

WhatsMenu is not responsible for third-party services (including Stripe, WhatsApp, Meta, Google, and any other integrated service), 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 where applicable, End-Customer data) with those services for the purpose of providing the integration. WhatsMenu provides no warranty regarding third-party services. You are responsible for reviewing and complying with their terms and privacy policies.

7. PAYMENT OF FEES AND TAXES

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

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

7.3 Service Fees
Additional service fees may be charged for services requested beyond your subscription plan. If the initial payment attempt is unsuccessful, we may retry using the same method. If payment remains unsuccessful within 21 days of our initial attempt, WhatsMenu reserves the right to suspend or downgrade your account.

7.4 Currency and Pricing
Subscription and service fees are displayed and charged in the currency shown at checkout. Unless expressly stated otherwise, prices are exclusive of applicable taxes (such as VAT, GST, or sales tax), which will be added where required by law. Any currency conversion fees, foreign transaction fees, or card-issuer charges are your responsibility.

7.5 Price Changes
WhatsMenu may update subscription or service fees from time to time. We will provide at least 30 days' notice of any price increase affecting your current subscription, via email or in-platform notification. Continued use of the Service after the effective date constitutes acceptance of the new fees.

7.6 Tax Responsibility
You are responsible for all taxes related to your business operations and your sales to End-Customers, including income tax, sales tax, VAT, GST, and any other applicable taxes in your jurisdiction. Where WhatsMenu is legally required to collect tax on its own fees to you, such tax will be added at checkout.

7.7 Refund Policy
Refunds are governed by our Refund Policy at https://whatsmenu.page/pages/refund-policy. Except as expressly stated in that policy or required by applicable law, subscription fees and service fees are non-refundable.

8. CONFIDENTIALITY

8.1 Definition
"Confidential Information" means any non-public information disclosed by one party to the other that is marked as confidential or that a reasonable person would understand to be confidential given its nature, including business plans, customer data, pricing, and technical information.

8.2 Obligations
Each party agrees to:

Use Confidential Information only to perform its obligations under these Terms
Protect it with the same degree of care as its own confidential information (and no less than reasonable care)
Not disclose it to third parties except to employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations

8.3 Exclusions
Confidentiality obligations do not apply to information that is (a) publicly available through no breach by the receiving party, (b) independently developed, (c) lawfully received from a third party without confidentiality restrictions, or (d) required to be disclosed by law or regulatory authority.

8.4 Survival
Confidentiality obligations survive termination of these Terms for a period of three (3) years.

9. LIMITATION OF LIABILITY AND INDEMNIFICATION

9.1 Service "As Is"
The Service is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement, except to the extent such warranties cannot be excluded under applicable law.

9.2 Liability Cap
To the maximum extent permitted by law, WhatsMenu's total aggregate liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the total subscription fees paid by you to WhatsMenu in the twelve (12) months immediately preceding the event giving rise to the claim.

9.3 Excluded Damages
To the maximum extent permitted by law, WhatsMenu shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.

9.4 Indemnification
You agree to indemnify, defend, and hold harmless WhatsMenu, its affiliates, officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any law or third-party right; (d) the content, goods, or services you offer through the platform; or (e) your handling of End-Customer data.

9.5 Consumer Rights
Nothing in this section limits any rights you have as a consumer under applicable law that cannot be lawfully excluded (see Section 15).

10. FEEDBACK AND REVIEWS

We welcome feedback on our Services but are under no obligation to keep ideas, suggestions, or feedback confidential. You grant WhatsMenu a perpetual, royalty-free licence to use any feedback you provide for any purpose, including improving the Services, without compensation or attribution.

11. TERM AND TERMINATION

11.1 Termination by Merchant
You may cancel your subscription at any time through the administrative dashboard or by contacting our support team. Cancellation takes effect at the end of your current billing period, in accordance with the Refund Policy.

11.2 Termination or Suspension by WhatsMenu
WhatsMenu may suspend or terminate your account, with or without notice, if:

You breach these Terms, the Privacy Policy, or the Refund Policy
Your payment is overdue beyond any grace period stated in Section 7
You engage in any prohibited activity listed in Section 3.2 or 3.4
Your use of the Service poses a security, legal, or reputational risk to WhatsMenu or other users
Required by law, regulatory order, or sanctions enforcement

Where practicable, we will provide notice and an opportunity to cure before termination.

11.3 Effect of Termination
Upon termination by either party for any reason:

WhatsMenu will discontinue providing the Services
Unless otherwise specified in these Terms or the Refund Policy, you are not entitled to any refunds
Any outstanding balance owed for your use of the Services through the effective termination date becomes immediately due and payable
Your WhatsMenu Site will be deactivated. If you downgrade rather than terminate, your site may remain active on a free plan with reduced features.

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 commonly used, machine-readable format. After 30 days, your data may be permanently deleted, except where retention is required by law, tax, or legitimate business purposes. End-Customer data deletion is governed by the Privacy Policy.

13. SERVICE AVAILABILITY

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

13.2 No Service Credits by Default
Unless expressly agreed in a separate written service level agreement, no service credits or refunds are owed for service downtime, outside of any exceptional-circumstances remedies stated in the Refund Policy.

14. BETA AND PREVIEW FEATURES

From time to time, WhatsMenu may make beta, preview, or experimental features available ("Beta Features"). Beta Features are provided "as is", may be changed or discontinued without notice, and are excluded from any service availability commitments. Your use of Beta Features is voluntary and at your own risk.

15. COMPLIANCE WITH APPLICABLE LAW

15.1 Data Protection
WhatsMenu complies with applicable data protection laws, including the EU/UK General Data Protection Regulation, the California Consumer Privacy Act, Brazil's LGPD, Malaysia's PDPA, and other applicable frameworks. You acknowledge that your use of the Services may involve the processing of personal data, and you agree to comply with all applicable data protection requirements, including those set out in Section 3.3.

15.2 Electronic Communications
You agree not to use the Services to send unsolicited bulk communications ("spam") or otherwise in violation of applicable electronic communications laws, including the US CAN-SPAM Act, the EU ePrivacy Directive, Canada's CASL, and any equivalent law in your jurisdiction.

15.3 Consumer Protection
These Terms do not limit any non-waivable rights you may have as a consumer under applicable law, including:

The EU Consumer Rights Directive and national implementations
The UK Consumer Rights Act 2015
The Australian Consumer Law
The California Consumer Privacy Act
The Malaysian Consumer Protection Act 1999
Other equivalent consumer protection laws in your jurisdiction

Where any provision of these Terms conflicts with a mandatory consumer right, the mandatory right prevails to the extent of the conflict.

16. FORCE MAJEURE

WhatsMenu shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, war, terrorism, riots, fire, pandemics, labor disputes, internet or cloud provider failures, or other third-party platform outages.

17. GOVERNING LAW AND JURISDICTION

17.1 Governing Law
These Terms are governed by and construed in accordance with the laws of Malaysia, without regard to conflict-of-law principles, except where applicable consumer protection law requires the law of your country of residence to apply.

17.2 Dispute Resolution
In the event of any dispute arising from these Terms, both parties agree first to attempt to resolve the matter through good faith negotiations for at least thirty (30) days. If negotiations fail, the dispute shall be resolved in the courts of Malaysia, and you submit to the exclusive jurisdiction of those courts.

17.3 Consumer Jurisdiction Carve-Out
If you are a consumer residing in a jurisdiction whose law grants you the right to bring proceedings in your local courts (such as the EU, UK, or Australia), nothing in this Section limits that right. You may also bring proceedings against WhatsMenu in the courts of your country of residence where permitted by law.

18. CHANGES TO THESE TERMS

We may update these Terms from time to time. Material changes will be notified via email or in-platform notification at least 30 days before taking effect, unless the change is required by law or for security reasons. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

19. SEVERABILITY

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

20. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Refund Policy, and any applicable Data Processing Agreement, constitute the entire agreement between you and WhatsMenu regarding the use of the Service and supersede all prior agreements and understandings.

21. WAIVER

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

22. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without WhatsMenu's prior written consent. WhatsMenu may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

23. CONTACT INFORMATION

Websumo Solutions (Co. Reg. No. 201803015504)
G-09, Jalan Pandan Prima 1, Dataran Pandan Prima, 55100 Kuala Lumpur, Malaysia
Email: support@whatsmenu.my

Last updated on: 15 March 2026