Terms and Conditions – DaporbyWaymaker

1. TERMS OF USE

The terms and conditions set out herein below govern the use of Waymaker Technologies (‘the Company’) services offered and available on the website Dapor by Waymaker (catering.daporbywaymaker.com), all its official Android / iOS app and all related sub-sites (‘the Site’). The User is advised to read them carefully as they affect the User’s rights and liabilities under relevant and applicable laws.

By accessing and using the Site, the User agrees that the User have read, understood and accepted the terms and conditions including any additional terms and conditions and any policies referenced herein, available on the Site or available by hyperlink and is deemed to have agreed to be bound by the terms and conditions set out in this agreement (‘the Agreement’), The Company reserves the right, from time to time, to add, modify, update, amend and/or delete the terms and conditions (including our policies which are incorporated into these terms and conditions) wherein Users will be notified of such addition, modification, update, amendment and deletion via an announcement on the Site. Users are strongly recommended to read these terms and conditions regularly. Users will be deemed to have agreed to any amended, updated and/or modified terms and conditions by the User’s continued use of the Site following the date on which such amendment, update and/or modification of the terms and conditions are announced. If, in any event, the User does not agree or fall within the terms and conditions, the User shall not use the Site.

2.0 THE USER

The User must either be an Individual or Corporate Entity as defined herein below. This further includes any person browsing and/or viewing the Site, any person posting of any items for sale on the Site and any person purchasing any items on sale on the Site.

‘Individual’ – The Services are available only to individuals who are capable of entering into a legally binding agreement under Malaysian law. ‘Individual’ includes persons who have reached 18 years of age. In the event the User is below the statutory contractual age of 18, the said User shall obtain consent from the User’s parent(s) and/or legal guardian(s), who by allowing such User to access this Site accept the terms and conditions and shall agree to take responsibility for the Users actions and any charges associated with the Users use of the Site and/or purchase of any goods. User also agrees to ensure that the User’s child or ward observes the terms of this Agreement.

‘Corporate Entity’ – The Services are available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement. Where applicable, these terms and conditions shall be subject to country-specific provisions as set out herein.

2.1 Who we are & what we do

Dapor by Waymaker (catering.daporbymaker.com) is a food ordering Site/Platform in Malaysia. The platform connects home chefs with corporate events. We are a company incorporated in Malaysia called Waymaker Technologies Sdn. Bhd. (Company Registration No. 202301020497 (1514419-D)).

3.0 RESPONSIBILITIES OF THE USER

The User is personally responsible for his/her use of the Site and/or Services.

The User uses the Site and/or the Services provided herein at his/her own risk.

The User shall use the Services in accordance with the terms and conditions of this Agreement and any relevant and/or applicable law at the time being in force in Malaysia including, but not limited to, the Malaysian Communications and Multimedia Act 1998 and the Malaysian Communications and Multimedia Content Code (“Content Code”).

4.0 USE OF PLATFORM/SITE & DAPOR ACCOUNT

4.1 The User will need to register for a user account for the User to use the Site and/or it’s Services. When you register for a user account the Company shall require you to provide your personal/company information including but not limited to a valid email address, a mobile phone number and a unique password. The Users unique password should not be shared with anyone and the User shall agree to keep it confidential at all times. The Users are solely responsible for keeping the User’s password safe. Save and except for cases of fraud or abuse which are not the User’s fault, the User accepts that all Orders placed under respective User’s account will be the User’s sole responsibility.

4.2 Dapor by Waymaker shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by the User. The User shall be obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including the User’s delivery address and contact information.

4.3 If the User wishes to delete the User’s respective account, please send us an email requesting the same. We may restrict, suspend or terminate your Dapor by Waymaker account and/or use of the Platforms, if the Company reasonably believe that:

4.3.1 someone other than the respective User is using the account; or

4.3.2 where the Users are suspected or discovered to have been involved in any activity or conduct that is in breach of these terms and conditions, our policies and guidelines, or involved in activity or conduct which the Company deem at the Company’s sole discretion to be an abuse of the Platforms/Site.

5.0 RESTRICTIONS

5.1 The User shall not list and/or advertise on the Site and/or advertise for sale on the Site any item which:-

(a) infringes the intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party;

(b) posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Dapor in its sole discretion or pursuant to local community standards;

The User shall not provide and/or cause to be provided information which:-

(a) is false, inaccurate or misleading;

(b) involves the sale of counterfeit or stolen items, or any other fraudulent act;

(c) infringes the intellectual property rights including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity of other any other third party;

(d) violates or breaches any law;

(e) is defamatory;

(f) contains pornographic or obscene materials.

(g) contains any computer viruses and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

(h) creates liability for the Company or causes the Company to lose, in whole or in part, the services of its Internet Service Providers or other suppliers;

(i) introduces, spreads or is intended to introduce and/or spread contents or propaganda of religious, cultural or racist nature; or

(j) any other prohibited content as provided under the Content Code.

(k) posting content that constitutes cyber-bullying, as determined by the Company in its sole discretion;

(l) posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;

(m) posting anything that may be “spam,” as determined by the Company in its sole discretion;

(n) impersonating another person when posting content;

(o) harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

(p) allowing any other person or entity to use your identification for posting or viewing comments;

(q) harassing, threatening, stalking, or abusing any person on the Platforms;

(r) engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of the Company, exposes the Company or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or

(s) encouraging other people to engage in any prohibited activities as described herein.

5.2 The Company reserves the right but is not obligated to do any or all of the following:

(a) investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;

(b) remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;

(c) suspend or terminate a user’s access to the Platforms or their Dapor by Waymaker Account upon any breach of these Terms;

(d) monitor, edit, or disclose any content on the Platforms; and

(e) edit or delete any content posted on the Platforms, regardless of whether such content violates these standards

“Information” referred to hereinabove includes but is not limited to any information provided by the User to the Company or to other Users in any public message area (such as community forums, photo area and feedback area) or through email.

The Company reserves the right to remove any items that it deems in violation of the above, at its sole discretion.

The User is solely responsible for the accuracy of the said Information.

6. INTELLECTUAL PROPERTY

All content, organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials related to the Site (“Content”) are works protected under the Malaysian Copyright Act 1987

Subject to the exceptions stated in this Agreement, the User is strictly prohibited from carrying out any of the following acts without the prior written consent of the Company:-

modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, transferring, downloading, posting, creating derivative works from, framing and using on any other website, the Content; and
transferring and / or selling any information, software, user list, database or other lists, compilations, products or services provided through or obtained from the Company or from the Site including but not limited to, the texts, graphics, logos, photos, audio files and visual files.

No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, for republication, distribution, assignment, sublicense, sale, and preparation of derivative works or other use other than for the User’s personal use only. The User further agrees that he or she will not infringe the Company’s copyright by any method or manner now known or as may exist in the future..

The User hereby agrees to assign absolutely to the Company all title and interests relating to copyright in the listings and advertisements posted on the Site, including but not limited to texts, graphics, drawings, layouts and photographs (‘the Assigned Works’)

The User hereby warrants that he or she is the copyright owner in the Assigned Works and any marks reproduced by the User on the Site and shall indemnify the Company from any claims by any third party arising from the ownership of the Assigned Works or marks.

The Company takes a serious view of intellectual property right infringement and will not hesitate to take action including commencing legal proceedings against any person for such infringement. The Company aggressively enforces its intellectual property rights to the fullest extent of the law.

Domain Name

The domain name on which the Site is hosted on is the sole property of the Company and you may not use or otherwise adopt a similar name for your own use.

Trade mark

Dapor by Waymaker and its logos are trademarks or registered trademarks of the Company.Names, marks and logos of all other products, services and companies mentioned on the Site may be the trademarks of their respective owners.

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of the Company and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Dapor by Waymaker trademarks on any other website not approved by us is strictly prohibited. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Dapor by Waymaker neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with Dapor by Waymaker. Use of any materials on the Platforms is at your own risk.

7. CONTENT USE CONDITIONS

All information, materials, functions and other content (“Content”) on the Site including any sounds, music, text, graphics, data, stills, photographs, and moving images are copyrighted property of the Company.

The User may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to the:-Services; or Site.

Without prejudice to the above, the User agrees not to reproduce, display or otherwise provide access to the Services or Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of the Company.

You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Content available on the Site or the Services except under the specific circumstances expressly permitted by law or the Company in writing

8. RESTRICTION OF GOODS (IF APPLICABLE)

8.1 Some of the Goods we offer on our Platforms are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of the country you purchase the Restricted Goods from. These restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force.

8.2 Alcohol / Alcoholic Products (“Alcohol”)

To purchase Alcohol, you must be of the statutory legal age. Dapor by Waymaker, the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion:

8.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they deliver Alcohol;

8.2.2 to refuse delivery if you are unable to prove you are of legal age; and/or

8.2.3 to refuse delivery to any persons for any reason whatsoever.

8.3 Cigarettes/Tobacco Products (“Tobacco”)

8.3.1 We may offer Tobacco on some of our Platforms where the laws allow. By offering Tobacco for sale on our Platforms, we do not purport to advertise, promote or encourage the purchase or use of Tobacco in any way.

8.3.1 To purchase Tobacco, you must be of the statutory legal age. Dapor by Waymaker, the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion:

to ask for valid proof of age (e.g. ID card) to any persons before they deliver Tobacco;
to refuse delivery if you are unable to prove you are of legal age; and/or
to refuse delivery to any persons for any reason whatsoever.

8.4 Any offer for any Alcohol and Tobacco made on the Platforms is void when it is prohibited by law.

9. ORDERS(IF APPLICABLE)

9.1 When you place an Order with Dapor by Waymaker Dapor by Waymaker will confirm your order by (explain how Dapor works), Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).

9.2 Minimum Order Value – Some of our Vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.

9.3 Special Instructions – Dapor by Waymaker and the Vendor (as the case may be) reasonably endeavour to comply with your special instructions for an Order. However in some cases where this is not feasible, possible or commercially reasonable, Dapor by Waymaker and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.

9.4 Allergens – The Company is not obligated to provide ingredient information or allergen information on the Platforms. Further, Dapor does not guarantee that the Goods sold by Vendors are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order on our Platforms.

9.5 Please note that your Order may be subject to additional terms and conditions provided by the Vendor.

9.6 Prior to placing the Order

9.6.1 You are required to provide the delivery address in order for the Platform to display the Vendors available in your delivery area.

9.6.2 Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Goods to the cart.

9.7 Placing the Order

To complete an Order, please follow the onscreen instructions (refer to how it works section)

9.8 Cancelling an Order

9.8.1 Please contact us immediately via our in-app customer support chat feature or phone number if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided a Vendor has not yet accepted your Order.

9.8.2 Refunds

(i) Online Payment Orders

You have the right to a refund for a cancelled Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order. (amend accordingly)

9.9 Dapor by Waymaker reserves the right to cancel any Order and/or suspend, deactivate or terminate your account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your account and/or with your Order.

10. DELIVERY AND PICK-UP(IF APPLICABLE)

10.1 Delivery Areas

You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.

10.2 Unsuccessful or Failed Deliveries

10.3.1 In cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:

(i) no one was present or available to receive the Order; or

(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided; or

(iii) lack of appropriate or sufficient access to deliver the Order successfully;

(iv) lack of a suitable or secure location to leave the Order; or

(v) in the case of Restricted Goods, customer did not meet the statutory age requirements or delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods.

10.3.2 No-show Cancellations

If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, Dapor by Waymaker reserves the right to cancel the Order without refund or remedy to you.

10.4 Wrong Order, Missing Items, Defective Goods

Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via one of the methods indicated in Clause herein immediately. In some cases, Dapor by Waymaker may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

10.5 Order Pick-Up

10.5.1 Where available, you will have the option of collecting your Order in-person directly from the Vendor’s premises (“Pick-Up“) instead of having the Order delivered to You. Your email confirmation will indicate the time for you to Pick-Up the Order (“Collection Time”). The Vendor will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order for you at the Vendor’s premises for no more than a reasonable period of twenty (20) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time.

10.5.2 In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Vendor before leaving the Vendor’s premises.

11. VOUCHERS, DISCOUNTS AND PROMOTIONS (IF APPLICABLE)

11.1 From time to time, Dapor by Waymaker may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.

11.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.

11.3 Unless otherwise stated, Vouchers can only be used on our Platforms.

11.4 Vouchers cannot be exchanged for cash.

11.5 Dapor by Waymaker reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply

11.6 We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you.

ONLINE CONDUCT OF THE USER

The User undertakes:

to comply with this Agreement, and such other notices or guidelines that may be posted on the Site by the Company from time to time (which are hereby incorporated by reference into this Agreement);

not to use the Services or any Content for any unlawful purpose, and to comply with all applicable laws and regulations, including but not limited to, copyright law; and

not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site or the Services, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.

PRIVACY

All User activities are logged. When the User requests pages from the Company’s servers, it automatically collects information about the User’s preferences, including the User’s Internet Protocol address.

The Company uses the User Information to help diagnose problems with its servers and to administer the Site. When necessary, the Company may provide User Information as provided by the User to the relevant enforcement authorities to assist in any investigation and/or in compliance with relevant and/or applicable law or regulation.

The Company uses cookies so that the User does not have to enter his or her login information each time they visit the Site.

Save as aforesaid, the User Information shall not be disclosed or released by the Company to any third party except with the consent of the User.

If the User is an Individual, information regarding the handling of the User’s personal information by the Company is set out in our Privacy Policy.

This site uses cookies. You must have cookies enabled on your computer in order for all functionality on this site to work properly. This is the default setting for both Internet Explorer, Mozilla and Google Chrome browsers.. Please refer to your browser’s Help for more information about enabling cookies.

A cookie is a small data file that is written to your hard drive when you visit certain Web sites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. The only information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites.

Cookies allow you to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any user. Only information provided voluntarily is stored, but this information is not personally identifiable.

TERMINATION AND SUSPENSION

The Company reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation of any of the terms and conditions in this Agreement.

NO WARRANTY

The Company does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be disrupted due to numerous factors outside the Company’s control and the Company shall not be liable for any loss, liability or damage which the User may incur as a result. Your use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion.

The Site and the Services are provided “as is” and “as available” basis , without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement. To the extent permissible by law the Company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including but not limited to any terms as to skill and care or timeliness of performance.

The User acknowledges and agrees that the Company does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any products or services advertised on the Site through the Services, and the Company hereby expressly disclaims all liabilities and responsibilities arising in relation to any products or services whether available or advertised via the Site through the Services.

The User agrees that all statements, offers, information, opinions, materials, Content, and third party products or services, from other Users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at the User’s own risk, and the Company shall not be responsible for any loss, damage or liability suffered by the User arising from such use or reliance.

LINKS TO THIRD PARTY WEBSITES

The Site may contain links and/or references to other websites (‘Third Party Websites’).

Third Party Websites are not investigated, monitored or checked for accuracy or completeness by the Company.

Inclusion of and/or reference to any links or internet addresses on the Site does not imply approval or endorsement of those sites by the Company.

In the event the User decides to leave the Site and access Third Party Sites, the User does so at his or her own risk.

EXCLUSION OF LIABILITIES

To the extent permitted by applicable and relevant law, in no event shall the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:

(a) any punitive, incidental, indirect or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings, loss of goodwill,work stoppage, computer failure or malfunction);

(b) any loss of goodwill or reputation;

(c) any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs , patent infringement, breach of confidence;

(d) any liability at common law; or

(e) in any other way.

even if the Company entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Company, the Companies entities, its agents, representatives and service providers’ liability shall be limited to the extent permitted by law.

With respect to vendor’s representations the Company shall neither be liable for actions or omissions of the Vendor nor the User in regards to provision of the Goods and where Vendor Delivery applies to your Order. The Company does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or wilful misconduct.

Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude the Company’s liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company’s negligence or the negligence of the Company’s servants, agents or employees.

For avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.

INDEMNITY

The User at all times agrees and undertakes to indemnify, hold harmless and defend the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to or arising out of the User’s breach of this Agreement (including the documents incorporated by reference), or arising out of the User’s violation of any law or the rights of a third party.

RELEASE

In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.

GOVERNING LAWS

This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the jurisdiction of the Malaysian courts.

GENERAL PROVISIONS

Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

The User agrees that this Agreement and all incorporated agreements may be automatically assigned by the Company, in its sole discretion, to a third party in the event of a merger or acquisition.

The User and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Failure of the Company to act with respect to a breach by the User or others shall not constitute a waiver of its right to act with respect to subsequent or similar breaches.

Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.

Words importing one gender shall include any other gender unless stated otherwise.

Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.

NOTICES

Notices to the Company may be sent by email to:

Email: arun.waymaker@gmail.com

Notices to the User shall be sent to the email address provided to the Company. Notices are deemed to be sent within 24 hours of the time of sending of the email unless the Company receives notification that the email address is invalid, or where sent by normal post to the User’s address, shall be deemed to be received after 14 days from the date of posting.

DISCLAIMER

Please note that in posting on Dapor by Waymaker, you are required to disclose certain items of information as specified under the Consumer Protection (Electronic Trade Transactions) Regulations 2012 (the “Regulations”) as follows :-

(1) Your name or the name of your business or company;

(2) The registration number of your business or company, if applicable;

(3) Your telephone number;

(4) An accurate description of the food sold;

(5) The full price of the food or services including transportation costs, taxes and any other costs;

(6) The method of payment;

(7) Any terms and conditions governing the sale of goods or provision of services; and

(8) The estimated time of delivery of food to the buyer.

Failure to disclose or provide such required information would constitute an offence under the Regulations and the Consumer Protection Act 1999. You understand and acknowledge that providing information which you know or have reason to believe is false or misleading is an offence under the Regulations and Dapor by Waymaker shall not be held liable, whether criminally or otherwise under the Regulations, for your failure to provide accurate information as required. In addition, Dapor by Waymaker shall not be responsible for any loss, damage, claim or liability arising, directly or indirectly, from the contravention of the Regulations as a result of your failure to disclose or provide the required information.