Merchant Terms of Service

Effective Date: 18 August 2026

1. Introduction and Acceptance

These Merchant Terms of Service (this "Agreement") constitute a legally binding contract between the business entity, sole proprietorship, organization, or authorized representative registering for or utilizing the Services ("Merchant", "Facilitator", "you", or "your") and Jomqueue (Registration No: 202503230828) ("we", "us", or "our"). This Agreement governs your access to and use of the Jomqueue cloud-based platform, merchant portal, QR code systems, and underlying digital infrastructure (collectively, the "Services").
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be fully bound by the entire terms of this Agreement.

2. Scope of Service & Authority

2.1 Platform Description

Jomqueue provides a cloud-based Software-as-a-Service (SaaS) platform designed to support queue management, customer reservations, customer communications, and related business analytics.
The Platform provides Merchants with tools to manage queues, reservations, customer information, and related operations, and enables Customers to interact with participating Merchants through supported digital interfaces and communication channels.
Jomqueue provides the technical infrastructure and services that facilitate these interactions. Jomqueue does not control or operate the Merchant's physical premises or business operations, including staffing, seating decisions, product or service availability, operating hours, waiting times, or the quality of goods and services provided by the Merchant.

2.2 Operational Authority

If you access Jomqueue on behalf of a business, company, or organization, you warrant and represent that you have full legal authority to bind that entity to this Agreement. Your organization remains legally and financially responsible for all activities conducted under your account credentials, including actions taken by your employees, front-desk staff, branch managers, or contractors.

2.3 Operational Control & Platform Updates

The methods, technical architecture, and means of delivering the Services remain under the exclusive control, management, and supervision of Jomqueue. Jomqueue reserves the right, at its sole discretion, to modify, enhance, update, suspend, or discontinue any feature, tool, or portion of the Services at any time to maintain system integrity or improve platform performance.

3. Definitions

To ensure clarity throughout this Agreement, the following terms are defined:
"Agreement" means these Terms of Service, along with the Jomqueue Privacy Policy and any official referenced attachments.
"Customer" (or "End Customer") refers to the individual patron or user who interacts with the Platform (such as scanning a Jomqueue QR code or clicking a digital link) to join a queue, make a reservation, collect digital stamps, or view loyalty rewards.
"Customer Data" means personal data submitted or generated through the Services in connection with a Customer's interaction with a Merchant.
"Effective Date" means the date Jomqueue grants the Merchant access to their provisioned account.
"Merchant" (interchangeably "Facilitator") means the business entity or sole proprietor subscribing to Jomqueue.
"Platform" means the Jomqueue web applications, mobile applications, management portal, and QR code infrastructure.
"Services" means the SaaS queue, reservation, loyalty tracking, and operational analytics software provided by Jomqueue.
"Subscription Fees" means the recurring billing payments payable by the Merchant for platform access.

4. Account Security & Software License

4.1 Limited Software License & Intellectual Property

Subject to compliance with this Agreement, Jomqueue grants the Merchant a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Platform web interface and management software solely for the Merchant's authorized business purposes.
All software, dashboard designs, source code, APIs, trademarks, logos, and underlying technology remain the sole and exclusive property of Jomqueue.

4.2 Account Credentials & Security Incidents

Merchants are solely responsible for maintaining the confidentiality of their portal passwords and staff login credentials. You are responsible for all queue adjustments, customer communications, and data entries made using your staff accounts. You must notify Jomqueue immediately at info.jomqueue@gmail.com upon discovering any unauthorized access, compromised credentials, or security breach.

4.3 Prohibited Conduct

Merchants agree not to:
  • Copy, modify, reverse engineer, decompile, or sublicense any part of the Jomqueue Platform;
  • Use automated bots, scrapers, or scripts to manipulate platform performance or collect data;
  • Circumvent subscription usage limits, account tiers, or security protocols;
  • Upload malicious code, viruses, or harmful scripts to the Platform; or
  • Use customer contact details gathered via Jomqueue to send unsolicited marketing broadcasts (spam), unless otherwise permitted by applicable law and, where required, with the necessary consent.

5. Merchant Responsibilities

5.1 Business Operations

Merchants remain solely responsible for their physical outlet operations, staffing decisions, queue calling speed, seating allocation, physical crowd safety, and service fulfillment.
Merchants are responsible for ensuring that information and instructions they provide through the Platform are accurate and lawful.
Jomqueue bears no responsibility for customer walk-offs, physical disputes, or dissatisfaction arising at the Merchant's physical establishment.

5.2 Digital Rewards

Merchants are solely responsible for configuring, managing, validating, and fulfilling any digital loyalty stamps offered to Customers through the Platform. The Merchant warrants that all promotional offers comply with local consumer protection laws. Jomqueue acts strictly as a technical tracking tool and bears no financial or legal liability for a Merchant's failure or refusal to honor rewards.

6. Subscription Fees, Billing & Payment

6.1 Subscription Fees

Merchants may subscribe to Jomqueue under the subscription plan and billing period selected at the time of subscription.
Subscription fees are charged based on the applicable plan, number of outlets, and billing period selected by the Merchant. The applicable pricing and included features will be communicated to the Merchant before or at the time of subscription.
Unless otherwise stated, subscription fees are payable in advance for the selected subscription period.

6.2 Billing and Payment

Jomqueue will issue invoices to Merchants for applicable subscription fees and, where applicable, usage-based charges. Payment must be made in accordance with the payment terms stated in the relevant invoice.

6.3 Usage-Based Charges

Certain optional Services, including WhatsApp messaging, may incur usage-based charges in addition to the standard subscription fee. Applicable charges will be communicated to the Merchant and may vary based on usage and third-party provider pricing.

6.4 Renewal and Cancellation

Unless otherwise agreed, subscriptions may be renewed for subsequent subscription periods. Merchants may request cancellation by providing written notice to Jomqueue. Unless otherwise agreed, cancellation will take effect at the end of the current paid subscription period.

6.5 Price Changes

Jomqueue may change its subscription fees, Service features, or applicable usage-based charges from time to time. Where a change affects an existing subscription, Jomqueue will provide reasonable notice before the change takes effect.

6.6 Non-Payment

If applicable fees remain unpaid after the due date, Jomqueue may suspend or restrict access to the Services until the outstanding amount is resolved.

6.7 Refunds

Fees paid to Jomqueue are non-refundable, except where required by applicable law or otherwise agreed in writing.

7. Data Protection & PDPA Compliance

7.1 Data Processing Roles

The parties acknowledge that different types of personal data may be processed in connection with the Services and that the respective roles and responsibilities of Jomqueue and the Merchant may differ depending on the nature and purpose of the processing.
For Customer personal data submitted through the queue or reservation services, the Merchant is generally responsible for determining the purposes for which such data is collected and used in connection with its business operations. Jomqueue processes such information to provide and operate the Services on behalf of the Merchant and in accordance with the applicable service configuration.
Jomqueue may separately process certain personal data for its own legitimate operational purposes, including account administration, billing, security, fraud prevention, technical support, service improvement, and compliance with applicable laws.
For Merchant account, billing, administrative, security, and other information that Jomqueue processes for its own purposes, Jomqueue acts as the party responsible for such processing in accordance with its Privacy Policy and applicable laws.

7.2 Data Protection Responsibilities

Each party is responsible for complying with the data protection obligations applicable to its respective role.
Merchants are responsible for ensuring that their collection and use of Customer personal data through the Services is lawful and that they provide any notices or obtain any consent required by applicable law.
Jomqueue will implement reasonable technical and organizational measures designed to protect personal data processed through the Services.

7.3 Privacy Requests

Where Jomqueue receives a request from a Customer relating to personal data controlled or provided by a Merchant, Jomqueue may refer the request to the relevant Merchant where appropriate, or assist the Merchant in responding to the request in accordance with applicable law and the Jomqueue Privacy Policy.
Jomqueue may also respond directly to requests concerning personal data for which Jomqueue is responsible.
Further information regarding the collection, use, disclosure, retention, and protection of personal data is provided in the Jomqueue Privacy Policy.

8. Disclaimers, Third-Party Services & Liability Caps

8.1 "As-Is" Service Disclaimer

The Services are provided on an "as-is" and "as-available" basis. Jomqueue makes no warranties, express or implied, that the Platform will be completely error-free, uninterrupted, or fit for every specific business requirement.

8.2 Third-Party Infrastructure Disclaimer

Jomqueue relies on external communication networks, including cloud infrastructure providers, telecommunications providers, messaging platforms, notification services, and other third-party service providers.
Jomqueue is not liable for notification delivery delays, messaging drop-offs, device-level notification silences, transmission lag, or operational losses resulting from third-party network outages, operating system constraints, or API failures to the maximum extent permitted by applicable law.

8.3 Limitation of Indirect Damages

To the maximum extent permitted by law, Jomqueue shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including loss of profits, revenue, or business opportunities.

8.4 Cap on Liability

Except as expressly required by applicable law, the total cumulative liability of Jomqueue for any claims arising under or related to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total subscription fees paid by the Merchant to Jomqueue in the three (3) months preceding the event giving rise to the claim.

9. Term, Termination & Data Retention

9.1 Term

This Agreement commences on the Effective Date and continues for as long as the Merchant maintains an active subscription or portal account.

9.2 Termination

By Merchant: A Merchant may request to cancel their subscription at any time by issuing a direct written notice to Jomqueue via our customer service channel.
By Jomqueue: Jomqueue may terminate this Agreement or suspend any account immediately without prior notice if a Merchant breaches any material term of this Agreement, fails to resolve unpaid balances, violates local Malaysian laws, or engages in fraudulent behavior.

9.3 Post-Termination Data Retention

Upon subscription cancellation or termination, access to the Merchant's account and Platform features may be suspended or discontinued in accordance with this Agreement.
Jomqueue may retain Merchant account information, Customer queue information, transaction records, technical logs, and other relevant data for as long as reasonably necessary for legitimate operational, security, legal, accounting, dispute-resolution, or other lawful purposes, in accordance with the Jomqueue Privacy Policy.
Where applicable, Jomqueue may provide a reasonable period for the Merchant to retrieve or request available records before access is permanently discontinued.
When retained information is no longer required for the applicable purposes, Jomqueue will take reasonable steps to delete, anonymise, or securely dispose of such information in accordance with its data retention practices and applicable law.

10. Governing Law & General Terms

10.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Malaysia.

10.2 Modifications

Jomqueue may update these Terms from time to time. Continued use of the Services after updates are published constitutes acceptance.

10.3 Force Majeure

Neither party is liable for delays or failure in performance caused by events beyond reasonable control (e.g., natural disasters, government acts, internet outages, or WhatsApp API network disruptions).

10.4 Severability

If any provision is held invalid, remaining provisions remain in full force and effect.

Contact us

If you have any questions about our terms of service, please contact us at:
Company: Jomqueue (Registration No: 202503230828)
Email: info.jomqueue@gmail.com
Website: https://jomqueue.com