Terms of Service

Last Updated: 29 May 2026

1. Introduction

1.1 Introduction and Acceptance

These Terms of Service (this "Agreement") constitute a legally binding contract between you (individually or on behalf of an organization, collectively referred to as "User", "Merchant", or "End Customer") and Jomqueue. This Agreement governs your access to and use of the Jomqueue platform, software, and underlying digital infrastructure, including queue management systems, reservation tools, customer notifications, customer loyalty/reward features, and all related operational software services (collectively, the "Services").
By accessing or using the Services, you explicitly acknowledge that you have read, understood, and agree to be fully bound by the entire terms of this Agreement.

2. Scope of Service

2.1 Platform Description

Jomqueue provides a cloud-based Software-as-a-Service (SaaS) platform designed for queue management, customer reservations, loyalty programs, and related business operations (collectively, the "Services"). The platform acts strictly as an intermediary tool to facilitate service organization between registered businesses and their respective End Customers.

2.2 Operational Control and Modifications

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.

2.3 Third-Party Integrations

The Services may integrate with, rely on, or contain technical links to third-party systems, software applications, or communication gateways (including but not limited to WhatsApp API providers, external payment gateways, and SMS networks). Jomqueue does not own, operate, or control these third-party services and shall not be held legally liable or responsible for their operational availability, delivery success rates, messaging performance, unexpected downtime, or data compliance standards.

2.4 For Merchants

If you are using Jomqueue on behalf of a business or organization (a "Merchant"), your organization is legally and financially responsible for everything that happens under your account. This includes actions taken by your employees, branch managers, front-desk staff, or contractors. By setting up the service or accepting your login details, you confirm that you have the official authority to sign up your business to this Agreement.

2.5 For End Customers

If you are a visitor joining a queue, making a reservation, collecting a digital stamp, redeeming loyalty points (an "End Customer"), this agreement explains how you interact with our platform to connect with a Merchant. While you do not need a paid subscription account to use Jomqueue, simply using our links, scanning our QR codes, joining a queue, or tracking your loyalty rewards means you agree to follow our customer rules and data privacy terms.

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.
"Effective Date" means the date Jomqueue grants the Merchant access to their provisioned account, or the date an End Customer first accesses the Platform.
"End Customer" (or "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 track loyalty points.
"Jomqueue," "we," "us," or "our" refers to the provider, owner, and operator of the Jomqueue platform and its underlying software infrastructure.
"Merchant" means any business entity, organization, sole proprietor, or partner that utilizes Jomqueue to manage their customer flow and loyalty rewards.
"Platform" means the Jomqueue web or mobile applications, system features, QR code systems, and technical software tools.
"Services" means the cloud-based business and operational services provided through the Platform, including queue management, automated status notifications, reservation tools, digital loyalty programs, and basic performance analytics.
"Subscription Fees" means the recurring billing payments payable by the Merchant to Jomqueue for ongoing access to their selected platform features.
"Third-Party Services" means external digital platforms, software infrastructure, or messaging APIs provided by third-party entities (such as Meta/WhatsApp API gateways or telecommunication networks) that integrate with or power the Platform.
"User" means any individual or entity who accesses, interacts with, or uses the Jomqueue Platform, including Merchants, business owners, front-desk staff, and End Customers.
"Visit Rewards" (also referred to as a queue loyalty or visit rewards program) means an optional stamp-card or points-based rewards feature that a Merchant may enable for End Customers through the Platform, allowing credits for completed visits and redemption of Merchant-configured rewards, subject to separate End Customer consent.

4. General Use & Account Security

4.1 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:
  1. copy, modify, distribute, sell, or sublicense any part of Jomqueue or its documentation;
  2. reverse engineer or attempt to derive the platform's source code or structure;
  3. develop or operate a competing product or service using Jomqueue;
  4. circumvent usage limits, authentication, or subscription plan restrictions;
  5. disrupt the integrity, performance, or security of Jomqueue or related systems; or
  6. 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.

4.2 User Responsibilities

All Users are responsible for:
  1. Maintaining the confidentiality of their account credentials;
  2. All activities conducted under their account; and
  3. 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. Merchant Terms (Subscribed Businesses)

5.1 Merchant Account Information & Setup

Jomqueue collects and processes account-related information provided during setup, onboarding, administration, or usage of the Platform. Any Personal Data submitted by the Merchant shall be handled in accordance with the Jomqueue Privacy Policy and the Malaysian Personal Data Protection Act (PDPA). Both parties acknowledge that under applicable data protection laws, the Merchant acts as the Data Controller of its customers' data, while Jomqueue acts as the Data Processor processing data on the Merchant's behalf.

5.2 Merchant Responsibilities

Merchants agree to:
  1. Provide accurate and up-to-date information;
  2. Use the Platform solely for legitimate business purposes;
  3. Ensure compliance with applicable laws and regulations;
  4. Maintain responsibility for all data submitted through the Platform;
  5. Avoid activities that may disrupt the Services or other Users.
Merchants are solely responsible for configuring, managing, validating, redeeming, and fulfilling any loyalty rewards, digital stamps, point-tracking programs, perks, or promotional incentives offered through the Platform. The Merchant warrants that any reward offered complies with local consumer protection laws. Jomqueue acts strictly as a technical facilitator and shall not be liable for any financial losses, customer disputes, or legal claims arising from a Merchant's failure to honor, fulfill, or maintain their loyalty programs.

5.3 Subscription Fees and Payment

Merchants agree to pay all applicable subscription fees associated with their selected tier or plan in accordance with the billing terms established at registration. If any subscription payment fails, is disputed, or remains unpaid past the due date, Jomqueue reserves the right to suspend or terminate access to the Services at its sole discretion without liability for any resulting disruption to the Merchant's business. All fees paid to Jomqueue are non-refundable unless otherwise strictly required by applicable law or expressly agreed to in writing by Jomqueue.

5.4 Merchant Warranties

Merchants warrant that:
  1. They possess the authority to enter into this Agreement;
  2. All information and data provided are lawful and accurate;
  3. Their use of the Platform will fully comply with all applicable regulatory frameworks; and
  4. Their business operations and customer interactions will not infringe upon any third-party rights.
Merchants remain solely responsible for their business operations, customer interactions, staffing decisions, queue management decisions, and service fulfilment.

6. End Customer Terms (Applies to the Public)

6.1 General Responsibilities

End Customers interacting with the Platform to join a digital queue, request a reservation, or join the customer loyalty program explicitly agree to:
  1. Provide an accurate and active mobile phone number;
  2. Use the Platform responsibly and only for its intended purpose;
  3. Not interfere with the operation of the Platform or misuse any features;
  4. Acknowledge that joining a queue or accumulating merchant rewards does not guarantee immediate physical service, seating priority, or absolute reward fulfillment by the Merchant.
To the maximum extent permitted by law, Jomqueue shall not be liable to End Customers for any personal inconvenience, financial losses, or dissatisfaction arising directly from a Merchant's physical business operations, queue-handling decisions, service delays, cancellations, or refusal to honor an accumulated reward.

6.2 Joining the Queue

By joining a digital queue, End Customers are submitting a request for a placement position on a digital waitlist managed by the respective Merchant. Jomqueue provides the software infrastructure used by the Merchant to organize its crowd flow; Jomqueue does not own, manage, or operate the physical establishment.
The Merchant retains absolute autonomy over its premises and reserves the right to remove End Customers from the digital queue if they fail to show up physically or respond to status notifications within the Merchant's specified grace period. Jomqueue bears no liability for any delays, customer walk-offs, missed turns, or seating disputes.

6.3 Notifications, Consent & Opt-Out Rules

Explicit Consent for Operational Notifications: By voluntarily submitting a mobile phone number or connecting via a messaging interface to utilize the Services (whether to join a queue, make a reservation or participate in a rewards system), you grant explicit consent to Jomqueue and the Merchant to send automated status updates, countdown reminders, and operational alerts via SMS or WhatsApp.
Opt-Out: End Customers may opt out of immediate queue notifications at any time by removing themselves from the digital queue.
Deleting Reward Records: Digital stamps and reward points are maintained strictly as internal records under the operational control of the Merchant. Consequently, End Customers seeking the removal of their profile or historical reward data must contact the Merchant directly to submit a data deletion request.
Merchant Restrictions: Merchants are strictly prohibited from using contact details gathered via Jomqueue for unsolicited marketing broadcasts unless they have separate, explicit consent from the customer. Jomqueue is not responsible for any unauthorized marketing messages initiated independently by a Merchant.
Separate from Visit Rewards: Queue notification consent and Visit Rewards consent are distinct. End Customers may join a queue and receive queue-related communications without enrolling in Visit Rewards, and vice versa where the Platform allows post-join opt-in.

6.4 Limitation of Liability

Jomqueue provides the Platform strictly on an "as-is" basis for consumer use. Jomqueue does not guarantee uninterrupted messaging delivery and is not responsible for external technical failures—including local telecommunication network drops, internet service outages, third-party API disruptions (such as WhatsApp server downtimes), or device incompatibilities—that may result in delayed notifications or an accidental loss of a queue position.

6.5 Visit Rewards (Queue Loyalty Programs)

6.5.1 Optional participation. Where a Merchant enables Visit Rewards, participation is optional. End Customers are not required to opt in to Visit Rewards in order to join a queue or use core queue features. Opt-in requires separate, explicit consent as presented in the Platform (including acknowledgement of this Agreement and the Privacy Policy in relation to Visit Rewards).
6.5.2 How the program works. Visit credits are typically applied when the Merchant marks a queue entry as completed, according to the Merchant's program rules (for example, visits per stamp or points thresholds). Stamps, points, balances, and redemption eligibility are displayed in the Platform for information purposes and may be adjusted in cases of error, fraud, or abuse as permitted by law and Merchant policy.
6.5.3 Redemption. Redemption of rewards is subject to Merchant availability, program rules, expiry periods, and staff verification at the Outlet. Jomqueue facilitates digital vouchers or QR redemption through the Platform but does not guarantee that any reward will be available at a given time.
6.5.4 Merchant obligations. Merchants that enable Visit Rewards are responsible for configuring program rules, honouring valid redemptions, and complying with applicable consumer protection and data protection laws. Merchants must not use Visit Rewards consent or contact details collected through Visit Rewards for unrelated marketing without separate consent.
6.5.5 Platform role and disclaimer. Jomqueue provides the technical means to record consent, track visits, and process redemptions. Except as required by law, Jomqueue is not responsible for the Merchant's reward offerings, fulfilment, pricing, quality, or refusal to honour a reward where program rules or verification requirements are not met. To the maximum extent permitted by law, the disclaimers in Sections 8, 9, and 10 apply to Visit Rewards.

7. Data Protection & PDPA Compliance

Jomqueue is committed to protecting all personal data in strict compliance with the Malaysian Personal Data Protection Act 2010 ("PDPA") and any subsequent statutory amendments.

7.1 Data Processing Roles

Merchant Data: In relation to End Customer personal data collected, stored, or processed via the digital waitlist, the Merchant acts as the Data User (Controller) who determines the purpose of the collection. Jomqueue acts strictly as the Data Processor, handling such information solely on behalf of, and according to the operational instructions of, the Merchant.
Platform Data: Jomqueue acts as the Data User for account-related information directly provided by Merchants for billing, subscription administration, and general account setup.

7.2 Collection of Personal Data

Depending on how you interact with the Platform, Jomqueue may collect and process the following categories of personal data:
  1. Identity & Contact Data: Name, mobile phone number, and business registration details (for Merchants).
  2. Transactional & Queue Data: Queue numbers, physical outlet check-in history, timestamps, loyalty stamp accumulation, and visit tracking records.
  3. Technical & Usage Data: IP addresses, device identifiers, browser types, and behavioral interaction data with the digital waitlist interface.
  4. Voluntary Data: Any feedback, support tickets, or communication notes voluntarily submitted by Users.

7.3 Purpose of Data Processing

  1. Personal data is processed strictly for the following authorized purposes:
  2. To seamlessly operate, maintain, and provide the digital queue management, reservations or loyalty tracking infrastructure;
  3. To dispatch automated real-time customer notifications (including queue updates, countdown alerts, and reminders via SMS or WhatsApp);
  4. To generate aggregated, non-identifiable analytics and operational performance reports for Merchants;
  5. To diagnose bugs, detect fraudulent queue bookings, and maximize platform security; and
  6. To comply with binding legal, regulatory, and taxation obligations within Malaysia.

7.4 Consent and Data Disclosure

By accessing the Platform, creating a Merchant account, or scanning a QR code to join a digital waitlist, Users explicitly consent to the collection, processing, and storage of their personal data as outlined in this Section and the cross-referenced Jomqueue Privacy Policy.
Jomqueue will not sell, rent, or distribute personal data to third-party advertisers. Data is shared with external parties strictly when necessary to execute the service (e.g., passing a mobile phone number to a WhatsApp API gateway or telco provider to deliver a queue status alert).

8. Disclaimers, Warranties & Third-Party Integrations

8.1 "As-Is" Platform Disclaimer

Except as expressly stated in this Agreement, the Services are provided strictly on an "as-is" and "as-available" basis. Jomqueue makes no warranties, express or implied, regarding the platform. We do not guarantee that the Services will meet specific Merchant requirements, be completely error-free, entirely secure, uninterrupted, or free from operational defects.

8.2 End Customer and Operational Disclaimer

Jomqueue acts strictly as a technical facilitator for digital waitlists. Jomqueue explicitly does not guarantee seating availability, restaurant service priority, accurate wait times, or the successful completion of a physical transaction at a Merchant's outlet. All automated queue countdowns and status updates are provided on a best-effort basis and may be subject to severe transmission delay, mobile network drops, or absolute interruption due to technical or operational factors beyond our control.

8.3 Third-Party Services

The Services rely heavily on infrastructure, telecommunication networks, and external software applications operated by third parties (including but not limited to Meta/WhatsApp API gateways, SMS aggregators, and payment networks). Jomqueue does not control these entities and shall not be held responsible or legally liable for any business disruptions, messaging delivery failures, data transmission lag, or operational losses caused by third-party system outages.

9. Limitation of Liability

9.1 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.

9.2 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.

9.3 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.

10. Term and Termination

10.1 Term of Agreement

This Agreement commences on the date Jomqueue grants the Merchant access to their provisioned account, or the date an End Customer accesses the Platform, and shall continue for as long as the Merchant maintains an active subscription or until otherwise terminated in accordance with these terms.

10.2 Suspension for Non-Payment

Jomqueue reserves the right to immediately suspend a Merchant's access to the platform if any subscription fees remain unpaid past their due date, or if a payment method fails. During any suspension period, the Merchant's digital waitlist will be deactivated, and Jomqueue bears no liability for any resulting disruption to the Merchant's business or customer service flow.

10.3 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.

10.4 Post-Termination Data Access

Upon termination or expiration of a subscription, Jomqueue will retain Merchant data and customer queue logs for a maximum period of fourteen (14) days to allow the Merchant a grace period to request or download their records. After this 14-day window, Jomqueue reserves the right to permanently delete all associated data from its active database servers to free up system storage, in compliance with PDPA data minimization principles.

11. Governing Law and Jurisdiction

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

12. General Provisions

12.1 Modifications to Terms

Jomqueue reserves the right to modify these Terms at any time. Any updated Terms will be posted on our official website or updated directly within the Platform interface. A Merchant or End Customer's continued use of the Services after such updates are published constitutes explicit acceptance of the revised Terms.

12.2 Force Majeure

Neither party shall be held liable for any failure or delay in performing its obligations under this agreement if such failure is caused by events beyond its reasonable control, including but not limited to natural disasters, government actions, strikes, internet or network outages, server host disruptions affecting Jomqueue or its third-party communication gateways (e.g., WhatsApp API delivery networks).

12.3 Severability and Waiver

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

12.4 Assignment

Merchants may not assign, transfer, or delegate their account or obligations under this Agreement to another business entity without the prior written consent of Jomqueue.

Contact us

If you have any questions about our terms of service, please contact us at: