Terms of Service

Effective Date: 5 February 2026

1. Introduction and Acceptance

This Terms of Service Agreement ("Agreement") governs the access and use of the Jomqueue platform, services, and website (collectively, the "Platform"). This Agreement applies to all users, including Merchants, Outlet staff, and End Customers (collectively, "Users").
By registering for an account, subscribing to a plan, or accessing the Platform (such as joining a digital queue), you agree to be bound by this Agreement. The Agreement becomes effective on the date of such access or registration (the "Effective Date").

2. Scope of Service & Responsibility

2.1 For Merchants and Organizations

If a User accesses Jomqueue on behalf of an organization (e.g., a restaurant or business), that organization is legally and financially responsible for all access and use of the Platform, including activities performed by employees, agents, or contractors. The person registering the account confirms they have the legal authority to bind the organization to this Agreement.

2.2 For End Customers

For End Customers joining a queue or making a reservation, this Agreement governs your use of the digital waitlist and explains how Jomqueue facilitates your connection with the Outlet. While End Customers do not hold a subscription account, they are bound by the Customer Use and Data Privacy provisions of this Agreement.

2.3 PDPA Compliance

Jomqueue processes all personal data in strict compliance with the Malaysian Personal Data Protection Act (PDPA) 2010 and the 2024 Amendments.

3. Definitions

To ensure clarity throughout this Agreement, the following terms are defined:
"Account Information" means details related to your Jomqueue account, including information provided by you or your authorized 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 Data" means personal information provided by the End Customer, specifically their name and mobile phone number, used solely for the purpose of queue or reservation management.
"End Customer" or "Customer" refers to the individual user who scans a Jomqueue QR code or interacts with the Platform to join a queue or make 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 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, restaurant, or outlet that subscribes to Jomqueue to manage their customer flow and operations.
"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.
"SST" refers to Sales and Service Tax as mandated by the Royal Malaysian Customs Department.
"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.
"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" means any individual or entity who registers for, accesses, or uses the Jomqueue Platform, including Merchants, Outlet Managers, staff, and end customers.

4. Provision of Services

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.

4.1 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.

4.2 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 parties 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.

4.2.1 Merchant Responsibilities

Merchants, in addition to the obligations of General Users, specifically agree to:
  • Provide accurate, complete, and up-to-date Merchant Data;
  • Use the Platform solely for legitimate business purposes related to managing operations, end customers, and staff;
  • Ensure that all Customer interactions, reservations, or queue management activities comply with applicable privacy and data protection laws (including the Malaysian PDPA 2010 and 2024 Amendments);
  • Remain responsible for the accuracy, completeness, and legality of all Merchant Data submitted or processed; and
  • Not engage in activities that could disrupt the Services, other merchants, or end customers.
Merchants 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 or claims arising from a Merchant's failure to comply.

5. Use of the Services

5.1 General Users

Users shall use Jomqueue solely for legitimate purposes and in accordance with this Agreement. Except as expressly permitted, Users shall not, and shall not permit any third party to:
  • copy, modify, distribute, sell, or sublicense any part of Jomqueue or its documentation;
  • reverse engineer or attempt to derive the platform's source code or structure;
  • develop or operate a competing product or service using Jomqueue;
  • circumvent usage limits, authentication, or subscription plan restrictions;
  • disrupt the integrity, performance, or security of Jomqueue or related systems; or
  • violate any applicable law, regulation, or third-party rights.
Jomqueue may investigate suspected violations and may suspend or terminate access if violations are reasonably suspected.

5.2 User Responsibilities

All 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 must provide accurate and complete information during registration and use the Services responsibly. Users shall not use the Platform to send spam, collect unauthorized personal data, or interfere with other Users' operations.

5.3 End Customer Use

5.3.1 General Responsibilities

End Customers interacting with the Platform to join a queue or make a reservation should:
  • Provide accurate and complete information.
  • Use the Platform responsibly and only for its intended purpose.
  • Acknowledge that joining a queue or making a reservation does not guarantee seating, service, or priority, and notifications may be delayed or interrupted due to operational or technical factors.
  • Not interfere with the operation of the Platform or misuse any features.
To the maximum extent permitted by law, Jomqueue shall not be liable to Customers for any losses, damages, inconvenience, or dissatisfaction arising from a Merchant's operations, queue handling decisions, service delays, cancellations, or refusal of service.

5.3.2 Joining the Queue

By joining the queue, End Customers are requesting a spot in the digital waitlist for an Outlet. Jomqueue provides the platform used by the Outlet to manage its crowd and does not operate the Outlet or its services.
Joining the digital queue is a request for service, not a reservation or guarantee of a table. The Outlet may remove Customers from the queue if they do not respond to notifications within their specified grace period. Jomqueue is not liable for any delays, walk-offs, or seating disputes.

5.3.3 Notifications & Opt-In

  • Connection: Notifications are sent only to Customers who voluntarily link their WhatsApp/SMS after joining.
  • Consent: By providing your mobile number, you give explicit consent to Jomqueue and the Merchant to send automated status updates.
  • Opt-Out: Customers may opt out at any time by leaving the queue.
  • Outlet Responsibility: Outlets must not use Customer contact details for purposes outside of immediate queue management without explicit, separate consent.

5.3.4 Data Privacy (Malaysia PDPA 2024 Compliance)

This section applies to all personal data processed by the Platform.
  • Roles: In accordance with the Personal Data Protection (Amendment) Act 2024, Jomqueue acts as the Data Processor and the Merchant acts as the Data Controller.
  • Collection: Mobile numbers are collected solely to manage queue status and notifications.
  • Sharing: Data is shared with the relevant Merchant for identification purposes only. Personal data is never sold to third parties.
  • Security & Retention: Jomqueue applies strict security measures. In the event of a significant data breach, we will notify the Commissioner and affected users within the 72-hour window required by law. Data is typically purged from the active system 24 hours after the session ends.

5.3.5 Limitation of Liability

Jomqueue provides the Platform "as-is." It is not responsible for technical failures (e.g., internet outages or messaging delays) that may result in missed notifications or lost spots in the queue.

6. Subscription Fees; Taxes

6.1 Subscription Fees

You, as a Merchant, agree to pay the subscription fee for access to Jomqueue, as specified on the Platform. Fees are due at the start of your subscription term and are non-refundable, except in cases where termination is due to a material breach by Jomqueue.

6.2 Payment

All subscription fees must be paid in full at the time of purchase. If a payment fails or is disputed, Jomqueue may, at its sole discretion:
  • suspend your access to the Services until the matter is resolved; or
  • terminate this Agreement.
During any suspension, you remain responsible for all amounts due. Jomqueue may also recover any costs incurred in collecting unpaid fees.

6.3 Taxes

Subscription fees are shown inclusive of all applicable Malaysian taxes, including Sales and Service Tax (SST), unless stated otherwise. Jomqueue is responsible for the remittance of such taxes to the relevant authorities. If the law changes or the tax rate increases, Jomqueue reserves the right to adjust the "inclusive" pricing accordingly with thirty (30) days' notice.

6.4 Payment Disputes

Disputes regarding charges must be submitted in writing within thirty (30) days of the invoice date. During dispute resolution, you remain responsible for all unpaid fees unless otherwise agreed in writing.

7. Data Ownership and Protection

7.1 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.

7.2 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.

7.3 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:
  • provide the Services;
  • ensure proper operation and maintenance of the Services; and
  • 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.
All Personal Data will be handled in accordance with applicable Malaysian data protection laws, including the Personal Data Protection Act 2010 (PDPA 2010).

7.4 Usage Data

Jomqueue may collect and analyze data on how Users interact with the Platform, including platform performance, system activity, and operational metrics ("Usage Data").
Usage Data is aggregated or anonymized, and does not identify individual Merchants, Customers, or other Users and does not contain Personal Data. All rights, titles, and interests in Usage Data are owned exclusively by Jomqueue.
Jomqueue may use Usage Data for internal business purposes, including improving the Services, enhancing system performance, developing new features, analytics, benchmarking, and reporting, provided that such Usage Data cannot reasonably be used to identify any individual User or Customer.

7.5 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.

8. Confidentiality

8.1 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.

8.2 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.

8.3 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.

8.4 Survival

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

9. Warranties and Disclaimers

9.1 Mutual Warranties

Merchants warrant that they have the authority to enter into this Agreement, that doing so does not breach any other agreement, and that all data they provide to Jomqueue is accurate and lawful.

9.2 Jomqueue Warranties

Jomqueue will use reasonable efforts to ensure the Services operate as described and that appropriate measures are in place to protect User Data. If the Services fail to perform as expected and the Merchant notifies Jomqueue in writing within thirty (30) days, Jomqueue may, at its discretion, either correct the problem or terminate this Agreement and refund any unused subscription fees.

9.3 Merchant Warranties

Merchants and other authorized Users confirm that:
  • They have the right to provide any data shared with Jomqueue;
  • Using the Services will not breach any third-party rights; and
  • They will use the Services in accordance with applicable laws and this Agreement.
Merchants remain solely responsible for their business operations, customer interactions, queue management decisions, and compliance with applicable laws.

9.4 End Customer Use Disclaimer

End Customers interact with Jomqueue solely for the purpose of joining a queue or making a reservation with a Merchant. End Customers do not provide contractual warranties under this Agreement.
Jomqueue does not guarantee seating availability, service priority, wait times, or successful completion of a queue or reservation. All notifications and queue status updates are provided on a best-effort basis and may be subject to delay, interruption, or inaccuracy due to technical, network, or operational factors.

9.5 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 disruptions, errors, or data loss caused by third-party services.

9.6 Disclaimer

Except as expressly stated above, the Services are provided "as is." Jomqueue does not guarantee that the Services will meet all Merchant requirements or be error-free, uninterrupted, or free from defects.

10. Limitation of Liability

10.1 Exclusion of Damages

To the maximum extent permitted by law, Jomqueue, its affiliates, officers, employees, and contractors shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of profits, revenue, business opportunities, or data, arising out of or in connection with the use of the Services.

10.2 Limitation of Liability

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

10.3 Applicability

These limitations and exclusions apply regardless of the form of action or theory of liability and even if any remedy fails its essential purpose. Nothing in this Section limits liability to the extent prohibited by applicable law.

11. Term and Termination

11.1 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.

11.2 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.

11.3 Termination

Either party may terminate this Agreement upon written notice if the other party:
  • breaches any material term of this Agreement and fails to remedy the breach within thirty (30) days after receiving written notice;
  • ceases to function as a going concern or to conduct operations in the normal course of business; or
  • 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.

11.4 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.

11.5 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.

12. 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.
All personal data collected is processed in accordance with the Malaysian Personal Data Protection Act 2010 and its 2024 amendments for the sole purpose of managing queue status and notifications. By using this service, you consent to the collection and use of your data as described in our full Privacy Policy.

13. General

14.1 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.

14.2 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.

14.3 Force Majeure

Neither party shall be held liable for any failure or delay in performing its obligations under this agreement if such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, government actions, strikes, internet or network outages, system failures (including outages of Jomqueue servers or third-party providers), or other unforeseeable circumstances.

14.4 Invalidity and Severability

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

14.5 Assignment

The Merchant may not assign or transfer this Agreement without Jomqueue's prior written consent, except in the event of a merger, acquisition, or sale of substantially all its assets, in which case notice must be provided.

14.6 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 service, please contact us at: info.jomqueue@gmail.com