Terms and Conditions

Please read these terms carefully before using our services.
Last Updated: 23 October 2025
This Agreement outlines the terms and conditions between Jomqueue Solution ("Jomqueue", "we", or "us") and all users of Jomqueue, including Merchants and end customers ("you" or "User"), regarding your use of Jomqueue. Each of Jomqueue and the User may be referred to individually as a "party" and collectively as the "parties."
This Agreement becomes effective on the date you register for an account, subscribe to a plan, or submit an Order Form referencing this Agreement (the "Effective Date").
If you are accessing or using Jomqueue on behalf of an organisation, that organisation is legally and financially responsible for all access and use of Jomqueue, including use of your account by employees, agents, or contractors. For clarity, the organisation will be considered a "User" under this Agreement.
By registering for or using Jomqueue, you agree to comply with and be bound by these Terms and Conditions. While this Agreement primarily governs the relationship between Jomqueue and Merchants, certain provisions (such as data protection, privacy, and responsible use) also apply to end customers and all other users interacting with Jomqueue.

1. Definitions

For the purposes of this Agreement:
"Account Information" means details related to your Jomqueue account, including information provided by you or your authorised Users in connection with (i) creating or managing your account, or (ii) Jomqueue's operation, support, or maintenance of your account or the Services. This may include business names, contact names, usernames, passwords, phone numbers, email addresses, organisation details, support communications, billing information, and usage data.
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement.
"Agreement" means these Terms of Service and any referenced documents or attachments.
"Confidential Information" means any non-public information disclosed by one party ("Discloser") to the other ("Recipient") that is marked or reasonably understood to be confidential, including business operations, technical data, software, trade secrets, financial information, merchant data, and other proprietary materials.
"Customer" means an end user or visitor interacting with a Merchant through Jomqueue (e.g., joining a queue, making a reservation).
"Merchant Data" means information submitted or generated through the use of Jomqueue by a User, including but not limited to customer names, contact details, reservation or queue records, and other business-related data.
"Effective Date" means the date you first register for an account, subscribe to a plan, or submit an Order Form referencing this Agreement.
"Jomqueue Solution," "Jomqueue", "we," "us," or "our" refers to the provider and operator of the Jomqueue platform, including its affiliates.
"Merchant" means the business entity or individual subscribing to and using the Jomqueue platform.
"Order Form" means any document, online sign-up form, or subscription page specifying the selected subscription plan, applicable fees, and additional terms related to the use of Jomqueue.
"Platform" means the Jomqueue web or mobile applications, system features, and related tools, including all technical infrastructure and user interfaces.
"Services" means the business and operational services provided through the Platform, including queue management, reservation management, notifications, analytics, and related functionality offered by Jomqueue to Merchants.
"Subscription Fees" means the recurring or one-time payments payable by the Merchant for access to Jomqueue under the selected Subscription Plan.
"Subscription Plan" means the specific tier or package of Jomqueue features and services selected by the Merchant, as described on the Jomqueue website or in an Order Form.
"Third-Party Services" means services, software, or APIs provided by entities other than Jomqueue that may be integrated with or accessed through the Platform.
"Usage Data" means analytical or aggregated data related to platform performance, feature usage, or system activity that does not personally identify individual Users.
"Users" refers to any individual or entity who registers for, accesses, or uses the Jomqueue platform, including business owners, outlet managers, staff, and other authorised representatives of a subscribing business.

2. Provision of Services

2.1 Jomqueue provides a software-as-a-service platform for managing queues, reservations, and related business operations.

The method and means of providing the Services are under the exclusive control, management, and supervision of Jomqueue. We will use commercially reasonable efforts to make the Services available and may modify, enhance, or update the Services at our discretion. You acknowledge that we are not responsible for any third-party systems, applications, or services integrated with Jomqueue.

2.2 Account Information

Jomqueue may collect and process Account Information related to your use of the Platform and Services, including information provided by Merchants, end customers, or other authorised Users (i) during the creation, setup, or administration of a Jomqueue account; or (ii) or any information generated automatically through the Platform.
Account Information that includes Personal Data will be handled in accordance with the Jomqueue privacy policy.

2.3 Responsibility for Systems

Each party is solely responsible for maintaining and securing its own information technology infrastructure, including computers, servers, software, databases, and electronic systems (such as network and database management systems), whether operated directly by such party or through third-party service providers. Neither party shall be responsible for any failures or performance issues of the other party's systems or infrastructure.

3. Use of the Services

3.1 Use Restrictions

The User shall use Jomqueue solely for legitimate purposes and in accordance with this Agreement. Except as expressly permitted herein, the User shall not, and shall not permit any third party to:
  • (i) copy, modify, distribute, sell, or sublicense any part of Jomqueue or its documentation;
  • (ii) reverse engineer or attempt to derive the platform's source code or structure;
  • (iii) develop or operate a competing product or service using Jomqueue;
  • (iv) circumvent usage limits, authentication, or subscription plan restrictions;
  • (v) disrupt the integrity, performance, or security of Jomqueue or related systems; or
  • (vi) violate any applicable law, regulation, or third-party rights.
Jomqueue reserves the right to investigate any suspected violation of this Section and may suspend or terminate access to the Platform where such violation is reasonably suspected.

3.2 User Responsibilities

3.2.1 General Users

All Users agree to use Jomqueue in accordance with applicable law and this Agreement. Users are responsible for:
  • Maintaining the confidentiality of their account credentials;
  • All activities conducted under their account; and
  • Promptly notifying Jomqueue of any unauthorized access or security breach.
Users shall provide accurate and complete information during registration and update such information as necessary to keep it current. Users must use the Services solely for permitted purposes and not for any unlawful, fraudulent, or malicious activity. Users shall not use the Platform to send spam, collect unauthorized personal data, or interfere with other Users' operations.
Users remain solely responsible for the accuracy, completeness, quality, and legality of all data submitted or processed through the Services. Jomqueue shall not be liable for any loss, damage, or claims arising from a User's failure to comply with these responsibilities.

3.2.2 Merchant Responsibilities

Merchants, in addition to the obligations of General Users, specifically agree to:
  • Provide accurate, complete, and up-to-date Merchant Data and ensure its compliance with applicable law;
  • Use the Platform solely for legitimate business purposes related to managing their operations, customers, and staff;
  • Ensure that all Customer interactions, reservations, or queue management activities comply with applicable privacy and data protection laws;
  • Not engage in activities that could disrupt, interfere with, or compromise the Services, other Merchants, or end Customers; and
  • Remain solely responsible for the accuracy, completeness, quality, and legality of all Merchant Data submitted or processed through the Services.
Jomqueue shall not be liable for any loss, damage, or claims arising from a Merchant's failure to comply with these responsibilities.

4. Subscription Fees; Taxes

4.1 Subscription Fees

Subscription fees are based on the plan you select. Fees are due at the start of each subscription term and are non-refundable, except if termination is due to a material breach by Jomqueue. Certain features may have usage limits. If you exceed these limits, you may need to upgrade or wait until the next subscription term. Jomqueue may temporarily restrict access to features exceeding plan limits. Renewal fees follow the standard rates of the selected plan at the time of renewal.

4.2 Downgrades

You may not downgrade your subscription plan or reduce the number of users during an active subscription term. Requests to downgrade must be made at least thirty (30) days before the renewal date. Downgrading may result in loss of access to certain features, data, or capacity, and Jomqueue is not responsible for such loss.

4.3 Payment

All subscription fees must be paid in full at the time of purchase unless otherwise agreed in writing. In the event of non-payment or late payment of any subscription fees, Jomqueue may, at its sole discretion:
  • (i) suspend Merchant access to the Services;
  • (ii) terminate this Agreement or the applicable subscription; or
  • (iii) continue to provide the Services for a period solely determined by Jomqueue, in anticipation of full and prompt payment by the Merchant.
Jomqueue shall be entitled to reimbursement for any costs associated with the collection of any past-due balance.

4.4 Payment Failures or Disputes

Jomqueue reserves the right to suspend access to the Services if a payment method fails or if a payment dispute arises, until the matter is resolved to Jomqueue's satisfaction. During such suspension, the Merchant remains responsible for all amounts due under this Agreement.

4.5 Payment Disputes

Any disputes regarding charges must be raised in writing within 30 days from the date of the invoice. Jomqueue will review and respond to the dispute within a reasonable timeframe. The Merchant remains responsible for all unpaid fees during the dispute resolution process, unless otherwise agreed in writing.

4.6 Taxes

The Merchant is responsible for paying all taxes, fees, duties, or other governmental charges assessed in connection with its subscription. Unless otherwise stated for a specific subscription, all prices are shown exclusive of any taxes, fees, or duties, including, without limitation, value-added or withholding taxes. Jomqueue may invoice the Merchant for applicable taxes if legally required, unless the Merchant provides a valid exemption certificate accepted by the relevant taxing authority. You will not be liable for taxes imposed on Jomqueue based on Jomqueue's income.

5. Data Ownership and Protection

5.1 Ownership

All rights, titles, and interests in and to the Jomqueue platform, including but not limited to its software, source code, design, features, user interface, documentation, trademarks, and logos, are and shall remain the exclusive property of Jomqueue. No ownership rights are transferred to you under this Agreement.

5.2 License Grant

Jomqueue grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Jomqueue platform solely for your internal business purposes, in accordance with these Terms. This license does not permit resale, sublicensing, modification, reverse-engineering, or redistribution of the platform.

5.3 User Data

All data submitted or generated through Jomqueue ("User Data"), including Merchant Data and end customer data, or any other User Data submitted through the Platform remains the property of the submitting User. Users grant Jomqueue a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license (including the right to sub-license to third-party service providers) to host, transfer, use, display, reproduce, and create derivative works of User Data solely to:
  • (i) provide the Services;
  • (ii) ensure proper operation and maintenance of the Services; and
  • (iii) fulfill Jomqueue's obligations under this Agreement.
Users may export their data at any time during the Subscription Term using Jomqueue's self-service export feature in an industry-standard format supported by the Services. Jomqueue will not sell, rent, or share User Data with third parties, except as required by law or with your consent. Both parties shall implement reasonable technical and organizational measures to protect data from unauthorized access, loss, or misuse.

5.4 Usage Data

Jomqueue may collect and analyze data relating to any User's use of the Services, including performance metrics, feature usage, and other aggregated or anonymized data ("Usage Data"). All rights, titles, and interests in such Usage Data are owned exclusively by Jomqueue. Usage Data may be used to improve the platform, enhance user experience, or for analytical and business purposes, provided it does not personally identify Users.

5.5 Feedback

If the Merchant provides any feedback, suggestions, or ideas regarding Jomqueue, the Merchant agrees that Jomqueue may use them without restriction or obligation. The Merchant grants Jomqueue a perpetual, irrevocable, royalty-free license to use such feedback for any purpose. Feedback is provided voluntarily and without expectation of compensation.

6. Confidentiality

6.1 Obligations

Each party, as the Recipient, agrees to take reasonable precautions to protect the Discloser's Confidential Information and not to use or disclose such information except as expressly permitted under this Agreement. The Recipient may disclose confidential information only to its employees, officers, directors, consultants, or professional advisers (e.g., lawyers, auditors, accountants) who have a legitimate need to know such information and are bound by confidentiality obligations at least as protective as those in this Agreement.

6.2 Required Disclosure

If the Recipient is required by law, regulation, or court order to disclose any Confidential Information, it may do so provided that, to the extent permitted by applicable law, the Recipient (a) gives the Discloser prior written notice, (b) allows the Discloser a reasonable opportunity to contest or limit such disclosure, and (c) uses reasonable efforts to disclose only the minimum information necessary to comply with the requirement.

6.3 Liability

The Recipient remains responsible for ensuring that its employees, contractors, and representatives comply with this confidentiality obligation as if their actions or omissions were the Recipient's own.

6.4 Survival

The confidentiality obligations in this Section survive the termination or expiration of this Agreement.

7. Warranties and Disclaimers

7.1 Mutual Warranties

Jomqueue and each User (including Merchants and end customers) confirm that they have the authority to enter into this Agreement and that doing so does not violate any other agreement they are part of.

7.2 Jomqueue Warranties

Jomqueue will make reasonable efforts to ensure the Services operate as described and that appropriate measures are in place to protect Users' data. If the Services do not perform as expected and a User notifies Jomqueue in writing within thirty (30) days of discovering the issue, Jomqueue may either fix the problem or end this Agreement and refund any unused fees (where applicable).

7.3 User Warranties

Each User confirms that they have the right to provide any data shared with Jomqueue and that using the Services will not breach any third-party rights. Users agree to use the Services in accordance with applicable law and this Agreement.

7.4 Third-Party Services

The Services may integrate with or rely on third-party tools or systems (e.g., WhatsApp or messaging APIs) that may affect Merchant and their Customers. Jomqueue is not responsible for any issues, data loss, failures, or disruptions caused by third-party services or their updates.

7.5 Disclaimer

Except for the specific commitments stated above, the Services are provided "as is." Jomqueue does not warrant that the Services or Documentation will satisfy Merchant's requirements, are without defect or error, or that the operation of the Services will be uninterrupted or error-free.

8. Limitation of Liability

8.1 Exclusion of Damages

To the maximum extent permitted by law, Jomqueue and its affiliates, officers, employees, or contractors shall not be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or related to these Terms or the use of the Services. This includes, without limitation, loss of profits, loss of revenue, loss of business opportunities, or loss of data, even if Jomqueue has been advised of the possibility of such damages.

8.2 Limitation of Liability

To the maximum extent permitted by law, Jomqueue and its affiliates, officers, employees, or contractors shall not be liable for any damage or loss of any kind, including direct, indirect, incidental, consequential, special, or exemplary damages, costs, or claims of any nature arising from or related to these Terms or the use of the Services.

8.3 Basis of Agreement

Each limitation and exclusion in this Section reflects the agreed allocation of risk between the parties and forms an essential basis of this Agreement. The pricing of the Services reflects this allocation and forms an essential part of the basis of the agreement between you and Jomqueue. Each limitation shall remain valid even if any remedy in these Terms is found to have failed its essential purpose.

8.4 Applicability

Some jurisdictions do not allow certain exclusions or limitations of liability. In such cases, the limitations in this section will apply only to the extent permitted by applicable law.

9. Term and Termination

9.1 Term of Agreement

This Agreement shall begin on the Effective Date and shall continue for as long as the Merchant maintains an active subscription to Jomqueue or until the Agreement is otherwise terminated in accordance with the terms herein.

9.2 Suspension for Non-Payment or Payment Disputes

Jomqueue reserves the right to suspend Merchant access to the platform if any subscription fees remain unpaid, a payment method fails, or a payment dispute arises, until such non-payment or dispute is resolved. Suspension of access shall not constitute termination of this Agreement. During the suspension period, the Merchant remains responsible for all applicable fees.

9.3 Termination

Either party may terminate this Agreement upon written notice if the other party:
  • (i) breaches any material term of this Agreement and fails to remedy the breach within thirty (30) days after receiving written notice;
  • (ii) ceases to function as a going concern or to conduct operations in the normal course of business; or
  • (iii) has a petition filed by or against it under any bankruptcy or insolvency laws which is not dismissed or set aside within sixty (60) days of filing.
Termination is not the exclusive remedy for breach, and all other remedies available under law or equity remain available to the non-breaching party.

9.4 Effect of Termination

Termination of this Agreement will terminate all active subscriptions. Termination of a single subscription plan does not automatically terminate the Agreement unless specified. Upon termination, all rights and licenses granted by Jomqueue to the Merchant will immediately cease. Neither party shall be liable for damages solely resulting from termination, and termination does not relieve either party from obligations accrued prior to termination.

9.5 Post-Termination Data Access

Upon termination, Jomqueue will retain Merchant Data for thirty (30) days to allow the Merchant to retrieve such data electronically. After this period, Jomqueue may permanently delete all Merchant Data and will have no further obligation to maintain or provide access. If termination is due to Jomqueue's uncured material breach, Jomqueue will issue a pro rata refund of subscription fees for the unused period. For all other terminations, the Merchant remains responsible for any remaining subscription fees due through the end of the subscription term.

10. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. The courts of Kuala Lumpur, Malaysia shall have exclusive jurisdiction over all disputes arising out of or relating to this Agreement.

11. General

11.1 Waiver

No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof. A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.

11.2 Modifications

Jomqueue reserves the right to modify these Terms at any time. Updated Terms will be posted on our website or notified through the Platform. Continued use of the Services after such updates constitutes acceptance of the revised Terms.

11.3 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, internet disruptions, strikes, or system failures.

11.4 Invalidity and Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.5 Assignment

The Merchant may not assign or transfer this Agreement or any of its rights or obligations without prior written consent from Jomqueue, except in the event of a merger, acquisition, or sale of substantially all of its assets, in which case the Merchant must provide written notice to Jomqueue. Jomqueue may assign this Agreement in connection with a merger, acquisition, or sale of assets.

11.6 Notices

All notices or communications under this Agreement shall be in writing and deemed delivered when sent by email to the contact information provided by each party, or to such other address as either party may later specify in writing.

Contact us

If you have any questions about our terms of services, please contact us at: info.jomqueue@gmail.com