Evolftech | Terms of Service

Terms of Service

Section A – General Terms

1.1. Please read these Terms of Use carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and the Odaring Policies (as defined) constitute a legally binding agreement (“Agreement”) between you and Odaring – Evolf Technology Sdn Bhd (as defined). The Agreement applies to your use of the Service (as defined) provided by Odaring. If you do not agree to the Terms of Use, please do not use or continue using the Application or the Service.

1.2. Odaring may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on https://www.odaring.com or the Application. It is your responsibility to review the Terms of Use regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

1.3. If you use the Service in a country other than the country where you registered for the Application (the “Alternate Country“), you must regularly review the Terms of Service applicable in the Alternate Country which can be found at https://www.odaring.com as it may differ from the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms of Use in the Alternate Country.

1.4. ODARING IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR USERS TO OBTAIN SERVICES PROVIDED BY THIRD PARTY PROVIDERS. ODARING’S ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD PARTY PROVIDER. ODARING IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF ODARING AND THE SOLUTIONS PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY ODARING.

2. Definitions

In these Terms of Use, the following words shall have the meanings ascribed below:

2.1. “Application” means the relevant mobile application(s) made available for download by Odaring (or its licensors) to Users and Third Party Providers respectively;

2.2. “Odaring” means:

2.2.1. Evolf Technology Sdn Bhd in relation to Odaring

2.2.2. in relation to Odaring for Business, the entity stated at the Odaring for Business account sign-up page in relation to; and/or

2.2.3. the relevant subsidiary, affiliate, associated company of Evolf Technology Sdn Bhd

2.3. “Odaring Policies” means the following:

2.3.1. the Privacy Policy;

2.3.2. the Odaring Delivery Partner Code of Conduct or the Odaring Customer Code of Conduct may be applicable; and

2.3.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;

2.4. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;

2.5. “Platform” means the relevant Odaring technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;

2.6. “Privacy Policy” means our privacy policy accessible at: https://www.odaring.com/my/privacy/ as amended from time to time;

2.7. “Service” means the linking of Users to Third Party Providers or other Users through the Application, Platform and/or Software;

2.8. “Software” means any software associated with the Application which is supplied made available for download and installation by Odaring;

2.9. “Solutions” means the following transportation and/or logistics services which are made available to Users through the Service (each a “Solution”):

2.9.1. Odaring;

2.9.2. Odaring Advertisement

2.9.11 Any such other services which Odaring may make available from time to time

2.10 “Third Party Provider” means the independent third parties who provide the Solutions to Users through the Service, including third party merchants;

2.11. “User” means any person who uses the Application, Platform and/or Software to search for and obtain the Solutions; and

2.12. “User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.

3. Representations, Warranties and Undertakings

3.1. By using the Service, you represent, warrant / undertake that:

3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;

3.1.2. All the information which you provide shall be true and accurate;

3.1.3. You will only use the Application, Platform and Service for their intended and lawful purposes;

3.1.4. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;

3.1.5. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;

3.1.6. You will not try to interrupt or harm the Service, Application and/or the Software in any way;

3.1.7. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;

3.1.8. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;

3.1.9. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;

3.1.10. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

3.1.11. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Odaring or any third party;

3.1.12. When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;

3.1.13. You will not copy, or distribute the Software or other content without written permission from Odaring;

3.1.14. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that Odaring may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Odaring has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

3.1.15. You will only use an access point or data account which you are authorized to use;

3.1.16. You agree that the Service is provided on a reasonable effort basis;

3.1.17. You agree that your use of the Service will be subject to Odaring’s Privacy Policy;

3.1.18. You agree to assist Odaring with any internal or external investigations as may be required by Odaring in complying with any prevailing laws or regulations in place;

3.1.19. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Odaring or any other party as a result of your breach of this Agreement;

3.1.20. You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Odaring or to disrupt the natural functions of the Application;

3.1.21. You provide us the phone numbers of Odaring users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorised to provide us with such numbers to enhance your use of the Service.

3.2. If you are a Third Party Provider, you further represent, warrant / undertake that:

3.2.1. If applicable, you possess a valid driver’s license, and for delivery service have all the appropriate licenses, approvals and authority to provide transportation or delivery services for hire to third parties in the jurisdiction in which you use the Service;

3.2.2. If applicable, you own, or have the legal right and authority to operate, the vehicle or motorcycle, (“Vehicle”)which you intend to use when accepting Users, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind;

3.2.3. If applicable, you will use the appropriate road safety equipment, as required by applicable laws (e.g. helmet);

3.2.4. If applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your Vehicle and/or business insurance to cover any anticipated losses related to the operation of a food and beverages delivery service;

3.2.5. If applicable, you possess a valid policy of private vehicle insurance and delivery insurance (in industry-standard coverage amounts) to operate the Vehicle as required by the relevant authorities and any other applicable regulation for the operation of the vehicle. You shall ensure your insurance covers any and all anticipated and unforeseeable losses in relation to damages to the Vehicle, any claims, personal injury and death of Users, as well as third party coverage whilst operating as an Third Party Provider.

3.2.6. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the transportation/delivery service provided by you;

3.2.7. You shall obey all local laws related to the operation of a delivery service and will be solely responsible for any violations of such local laws and you acknowledge that Odaring has the right to carry out background search on you from time to time, to ensure that you are not directly or indirectly involved in a criminal action or being investigated for a criminal allegation or implicated in a criminal proceeding;

3.2.8. You shall not contact Users for purposes other than in connection with the Service;

3.2.9. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of Odaring, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application

3.2.10. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;

3.2.11. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;

3.2.12. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of Odaring’s information or information related to the Application or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Odaring reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and

3.3. If you are a User, you further represent, warrant / undertake that :

3.3.1. Your use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor;

3.3.2. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;

3.3.3. You shall not contact the Third Party Provider for purposes other than the Service;

3.3.4. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Provider or the Vehicle;

3.3.5. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;

3.3.6. Where applicable, you will not copy any content displayed through the Application or Platform, including any third party product content and reviews, for republication in any format or media;

3.3.7. You acknowledge and agree that only one (1) account can be registered on one device;

3.3.8. You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and

3.3.9. You agree that Odaring may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.

4. Compatibility

Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and Software. While we continuously develop the Application, Platform and Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform and Software is likely to be accessed from, we do not warrant compatibility of the Application, Platform and Software with specific mobile devices or other hardware.

5. License Grant and Restrictions

5.1.Odaring and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Odaring and its licensors.

5.2. You shall not:

5.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;

5.2.2. modify or make derivative works based on the Application and/or the Software;

5.2.3. “mirror” the Application / Software on any other server or wireless or internet-based device;

5.2.4. except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;

5.2.5. use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (b) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;

5.2.6.post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights

5.2.7.remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or

5.2.8.use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.

6. Payments

6.1 Payment Terms for Third Party Providers (Delivery Partners)

6.1.1 The fees which you pay Odaring for the Service are due immediately and are non-refundable (“Service Fee“). Subject to any limit stipulated by the applicable law, the Service Fee shall be a percentage of the User Charges, as determined by Odaring from time to time. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.

6.1.2 YOU ACKNOWLEDGE AND CONFIRM THAT ODARING MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF USER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.

6.1.3 Odaring retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold Odaring liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

6.1.4 Odaring may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honored by you. Odaring may change the Service Fee at any time at its sole discretion.

6.2 Payment Terms for Users:

6.2.1 Users are required to make full payment of the User Charges for all services offered in the Application by the method selected at the time of booking, which may be credit/debit card, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.

6.2.2 Automated payment may be made by credit card and or debit card, by Ipay88, alternative e-Wallets where available by such other methods as are made available in the Application. The terms of these non-cash payments made by you through the Application will be governed by the Odaring Terms of Use, accessible via the https://www.odaring.com/my/terms/ website.

6.2.3 If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the User Charges after the Solution has been provided and given to the Third Party Provider unless you choose to change the amount or remove the tip.

7. Cancellation

7.1 For Third Party Providers:

7.1.1 The Users rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Users’ bookings will impair the Users’ experience and negatively impact the reputation and branding of Odaring.

7.1.2 While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Odaring reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.

7.2 For Users:

7.2.1 You may cancel your request for delivery services at any time before the restaurant is preparing the orders.

7.2.2 If you decide to cancel your delivery or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as Odaring may notify from time to time via the Cancellation Policy on Odaring’s website.

7.2.3 If you feel you were incorrectly charged a Cancellation Fee, you may contact Odaring via the Help Centre on Odaring’s website for assistance. Odaring reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey or such other method as is deemed reasonable by Odaring.

8. Ratings

8.1. Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided.

8.2. Every rating will be automatically logged onto Odaring’s system and Odaring may analyse all ratings received. Odaring may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.

9. Complaints

9.1. Any complaints between Third Party Providers and Users must be taken up with each other directly.

10. Intellectual Property Ownership

10.1. Odaring and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by Odaring and/or its licensors. Odaring’s name, Odaring’s logo, the Service, the Software and/or the Application and the third party transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of Odaring or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

11. Taxes

11.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Odaring to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

11.2. If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.

12. Confidentiality

12.1. You shall maintain in confidence all information and data relating to Odaring, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Odaring (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Odaring, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Odaring’s prior written consent, disclose such information to any third party nor use it for any other purpose.

12.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

12.2.1. was at the time of receipt already in your possession;

12.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;

12.2.3. was received from a third party having the right to disclose it; or

12.2.4. is required to be disclosed by law.

13. Data Privacy and Personal Data Protection Policy

13.1. Odaring collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of Odaring’s Services and its terms are made a part of this Agreement by this reference.

13.2. Where applicable, you agree and consent to Odaring, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.

13.3. You acknowledge that Odaring may disclose Personal Data of other individuals to you in the course of your use of Odaring’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Odaring, and not for any other unauthorized purposes.

14. Third Party Interactions

14.1. During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and Odaring and its licensors shall have no liability or obligation for any such communication or agreement. Neither Odaring nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall Odaring, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and Odaring is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. Odaring is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

14.2. Odaring may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. You agree to receive such advertising and marketing. If you do not want to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings.. You agree and allow Odaring to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.

14.3. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

14.4. You acknowledge that in addition to utilising data from the Data Sources listed in Section B the Application utilises and modifies search results from Google Maps services and content, and that by using the Application, you agree to comply with (1) the Google Maps/ Google Earth Additional Terms of Services at https://maps.google.com/help/terms_maps.html; (2) the Google Privacy Policy at https://www.google.com/policies/privacy/; and (3) the Google Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/. You further agree that when using the Application you shall not:

(a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Google Maps;

(b) sublicense, transfer or distribute Google Maps;

(c) sell, resell or otherwise make Google Map available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or

(d) access or use Google Maps in a manner that is illegal or which is likely to result in a circumvention of any fees payable to Google.

15. Indemnification

15.1. By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold Odaring, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:

(a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; and (e) where applicable your ownership, use or operation of any Vehicle, including your provision of Solutions to Users via the Service where applicable.

16. Disclaimer of Warranties

16.1. The Application, its content and any related service(s) is provided to you on an “as is” basis. Odaring makes no representations or warranties of any kind, express or implied, in connection with the Software, Application, Platform, Service, these Terms of Use, the content or any related service(s). Although we make reasonable efforts to keep the Application up-to-date, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We shall not be liable for any direct, indirect or consequent loss arising from the modifications or amendments to the Software, Application, Platform, Service, or Terms of Use.

16.2. Odaring makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to Odaring in respect of the same.

17. Internet Delays

17.1. THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. ODARING IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

18. Limitation of Liability

18.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST ODARING BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. ODARING AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:

18.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

18.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

18.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR

18.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY USER, THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE,

EVEN IF ODARING AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.2. ODARING DOES NOT WARRANT AND REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE ODARING FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.

18.3. ODARING WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH ODARING, ODARING CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE ODARING FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.

18.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO USERS. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

19. Notice

19.1. Odaring may give notice through the Application, electronic mail to your email address in the records of Odaring, or by written communication sent by registered mail or pre-paid post to your address in the record of Odaring. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Odaring (such notice shall be deemed given when received by Odaring) by letter sent by courier or registered mail to Odaring using the contact details as provided in the Application.

20. Assignment

20.1. This Terms of Use as modified from time to time may not be assigned by you without the prior written approval of Odaring but may be assigned without your consent by Odaring. Any purported assignment by you in violation of this section shall be void.

21. Dispute Resolution

21.1. This Terms of Use shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Use or the Service shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Odaring (the “Arbitrator”). If you and Odaring are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by you and Odaring, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

22. Relationship

22.1. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with Odaring.

23. Severability

23.1. If any provision of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

24. No Waiver

24.1. The failure of Odaring to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.

25. Entire Agreement

25.1. This Agreement comprises the entire agreement between you and Odaring and supersedes any prior or contemporaneous negotiations or discussions.

26. Suspension and Termination

26.1. You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.

27. No Third Party Rights or Assignment

27.1. This agreement does not give rights to any third parties who are not party to this Agreement.

Section B – Additional Terms

1. Odaring

1.1 For Users:

1.1.1 The Application allows you to place orders for food and beverage from food and beverage providers (“Odaring Merchant”) which at your option when placing the order(s), may be delivered to you by an independent third-party food delivery services provider (“Delivery Service Provider(s)”) or be made available for self pick-up from the respective Odaring Merchants during the time period as specified in the Application or otherwise communicated by Odaring. Odaring does not own, sell or resell any food and beverage items and does not control the Odaring Merchants, the Delivery Service Providers or any services provided by them. You understand that any order that you place shall be subject to the product availability and delivery location serviceability of the Odaring Merchants and/or the Third Party Providers.

1.1.2 All food order and delivery bookings placed on the Application (“Food Order”) are treated as confirmed. You shall not be entitled to cancel a Food Order after it is confirmed. If you cancel a Food Order after it has been confirmed, you remain liable to pay the applicable fees for the Food Order in full regardless of whether it has been prepared by the Odaring Merchant. For the avoidance of doubt, where you have opted to self-pick up a Food Order, you will be deemed to have cancelled the Food Order by not collecting it within the time period specified in the Application or otherwise communicated by Odaring. Neither Odaring nor the Third Party Provider shall be responsible to retain the Food Order for your collection after the said period has lapsed.

1.1.3 Upon your placement of a Food Order, the Odaring Merchants and/or the Delivery Service Provider may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, Odaring is not involved in and will not be responsible for any such separate arrangement between you and the Odaring Merchant and/or Delivery Service Provider.

1.1.4 Odaring, the Odaring Merchant and/or Delivery Service Provider may not process your Food Order in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested delivery location falls outside the delivery zone offered in the Application, or unavailability of items ordered.

1.1.5 The prices of food and beverage items reflected in the Application are determined solely by the Odaring Merchant and are listed for information only.

1.1.6 Prices of food and beverage items as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the Odaring Merchant, be incorrectly reflected and in such an event the Odaring Merchant may cancel your order(s).

1.1.7 If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the Food Order. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted food or beverage item may be rounded and will be set out on the check out page for your Food Order. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. Odaring will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. Odaring may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. Pursuant to arrangement or agreement between you and the Odaring Merchant and/or Deliver Service Provider pursuant to Clause 1.1.3 above, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.

1.1.8 The Odaring Merchant shall be solely responsible for any warranty in relation to, and quality of, the food and beverage products sold to you.

1.1.9 You are responsible for ensuring that the delivery details entered by you on the Application are accurate and complete. Odaring shall not be liable in the event of late delivery or non-delivery of food and beverage items that you order by reason of erroneous delivery details entered by you on the Application.

1.1.10 After the delivery of the food and beverage items, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the food and beverage items (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf.

1.1.11 Where you place an order for alcohol via the Application, you warrant you and any other person for whom you are placing the order for are (i) at least twenty-one (21) years old; (ii) non-Muslim; and (iii) capable of understanding that consumption of alcohol may be harmful for your health (“MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN”).

1.1.12 The relevant Third Party Providers shall have the right to (i) request to be shown your ID for age verification purposes; and to, (ii) refuse to deliver any alcoholic product to any person who at the time of delivery or self pick-up (A) does not appear to be at least twenty-one (21) years old and non-Muslim or (B) cannot prove that he/she is at least twenty-one (21) years old and non-Muslim or (C) is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or self pick-up and in such an event you agree that Odaring and the relevant Third Party Provider(s) shall not be liable to make any refund for payment already made to you.

1.1.13 In the event you are under twenty-one (21) years old and non-Muslim, you hereby agree to solely bear the legal consequences, and agrees to indemnify, defend and hold harmless Odaring and the relevant Third Party Provider(s), their respective subsidiaries, affiliates, directors, officers, agents, co-branders or other partners (“Indemnified Party”), from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to any action in attempting to deceive, manipulate, conceal Odaring, the Odaring Merchant, Odaring Delivery Service Providers, in relation to inaccuracy or breach of its representations, and/or its beach of any law or any rights of a third party, including but not limited to the aforementioned minimum age limit.

1.2 For Odaring Merchants:

As a Odaring Merchant, in addition to provisions applicable to Third Party Provider in general and other terms or contracts which you have entered into with Odaring, you are subject to the additional terms below. In the event of any discrepancies, conflict or inconsistencies between the terms of this Agreement and the contracts which you may have entered into with Odaring, the contracts shall prevail in interpretation and precedence.

1.2.1 General Terms and Representation:

(a) Where you are a Odaring Merchant that sells alcohol beverages via the Application, you warrant that you are licensed to do so and undertake that the sale, delivery and fulfilment of a Food Order which includes alcohol beverages shall be conducted in accordance with the applicable laws and regulations as well as your licence condition(s), if any.For the avoidance of doubt, you shall be solely responsible for, and controls, the sale and fulfilment of such Food Orders. You agree that ODARING does not have any responsibility with respect to the legality of the transaction between Odaring Merchant and the Users.

(b) You agree to package all Food Order(s) appropriately for delivery by Odaring Delivery Service Providers, including any protection necessary to prevent tampering or damage due to any cause, including inclement weather or the nature of the alcohol items themselves; to ensure labelling as required by law, including but not limited to a statement that the package contains alcohol (if required by law) and may only be delivered to a person 21 years or older with valid proof of age and identity.

(c) You agree that Odaring may, but is not obliged to, modify the hours during which alcohol items are available for purchase and delivery from Odaring Merchant on the Odaring App, in accordance with applicable law and regulation as well as operational considerations of the Odaring App. Odaring will use reasonable efforts to notify Odaring Merchant of any such modifications.

1.2.2 Where you are a Odaring Merchant that sells alcohol beverages via the Application, you additionally warrant that:

(i) you are not prohibited from selling alcohol under any law, regulation or religion;

(ii) you hold all necessary licences and/or permits to sell alcohol through the Service, and shall provide a copy of such licences and/or permits and supporting documents to Odaring, as and when requested; and

(iii) all information and documents provided to Odaring are true and accurate.

1.2.3 Refunds

Where applicable, any refunds given to Users by ODARING, on behalf of the Odaring Merchant, shall be in accordance to the Merchant’s Customer Refund Guidelines.

1.2.4 Creation and Monitoring of Self-funded Marketing Activities

You may be able to create a campaign, participate in a promotion or place an order for advertisement(s) to be placed on the Application via our tool(s) which is made available on the Application PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign, promotion and/or advertisement (“Marketing Activity(ies)”). In creating or otherwise indicating consent to participate in a Marketing Activity, you may be required to indicate information such as the type of Marketing Activity, budget for the Marketing Activity and/or the proposed duration for the Marketing Activity. The types of Marketing Activities which you may choose from may be varied from time to time at Odaring’s sole discretion, and where provided, suggested or offered, you agree and acknowledge that they are made available on an ‘as-is’ basis..

By creating or otherwise indicating consent to participate in a Marketing Activity, you accept the following additional general conditions:

(a) Any information submitted through your account to us (whether via our Application or otherwise), including without limitation the submission of your consent to participate in a Marketing Activity and acceptance of the applicable terms, shall be deemed to have been submitted by you, regardless of whether they are submitted on your behalf by your employee or other individuals. You are solely responsible to ensure that only authorized individuals have access to your account.

(b)Any information you input into our Application where required or otherwise provided to us must be complete, truthful, accurate and not misleading.

(c)Your intention to create or otherwise indicate consent to participate in a Marketing Activity must be genuine and must not be conducted in a manner which may be misleading to the Users. You shall indemnify us in the event where we incur any losses or damages arising from or in connection with the Marketing Activity.

(d)Depending on the type of Marketing Activity elected by you, the way in which we may facilitate the Marketing Activity may differ. You agree that it is your responsibility to review any and all information made available by us to understand how each type of Marketing Activity will be facilitated. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating or otherwise indicating consent to participate in a Marketing Activity. By creating or otherwise indicating consent to participate in a Marketing Activity, you irrevocably agree to the way in which the Marketing Activity will be facilitated.

(e)You shall be responsible to directly handle any complaints or enquiries from Users in respect of the Marketing Activity.

(f) In the event where you would like to end, pause or otherwise vary a Marketing Activity (for example, where the discounted item under the Marketing Activity has become out of stock prior to expiry of the said duration, where you would like to cancel the Marketing Activity or vary the budget indicated for the Marketing Activity), you must immediately indicate the same via our Application or otherwise in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the Marketing Activity and remain responsible to handle any enquiries or complaints from Users in respect of or in connection with the Marketing Activity.

(g)Notwithstanding any provision otherwise and in any event, your creation or indication of consent to participate in a Marketing Activity does not indicate our approval that the Marketing Activity is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the Marketing Activity is, and will be conducted, in accordance with the applicable law.

(h)While we do not supervise or monitor the Marketing Activity,we reserve the rights to (but are not obliged to) cancel, suspend or otherwise vary the Marketing Activity.

(i) We may make available to you information relating to the Marketing Activity, and such information shall be considered as part of the content of the Application and is subject to Clause 1.2.7 below of this Section B.

(j) You agree to pay to Odaring any and all costs and expenses in connection with the Marketing Activity and the payment shall be in the manner as described under Clause 1.2.8 below of this Section B.

(k)You must notify us immediately if your account has been used without your authorization to create or otherwise indicate consent to participate in a Marketing Activity or where any other breach of security has occurred. In such an event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred due to the Marketing Activity created or launched using your account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your account.

(l) You agree that any amount payable to you by Users pursuant to the Marketing Activity may be rounded in accordance with our internal policies which we may update from time to time.

1.2.5 Submission of Content or Information

We do not claim ownership of any content or information that you upload on our Application or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such license.

Via the Application, we may provide you with an option to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by User(s) in order to facilitate the Service(s) including without limitation detail(s) of an order placed by a user. You acknowledge that any such content or information may be made available in real time to end customers via an application operated by us or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the end customers in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted or amended by you (via the Application or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights. In the event where you amend any content submitted by user(s) such as an order placed by a User, you further agree that by amending such content, (1) you have obtained the prior consent or acceptance from the affected User; and (2) Odaring is not involved in and will not be responsible for the amendments made by you, though Odaring reserves the right to (but is not obliged to) carry out Rectification Measure(s) (as defined below) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.

1.2.6 Personal Data

Without prejudice to the foregoing, information which you have submitted to us for your registration as a merchant on our systems, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Application or in the course of carrying out Services on this Application. You hereby give your consent to such transfer and storage of information for the purposes of facilitation of your business via our systems, and to facilitate your request to use our products and services in the Application. Your use of the account and the Application may be monitored by us or a third party service provider to provide you with information on your business and Account. You further agree that any personal data you receive via the Application shall only be used for the direct and specific purpose for which you are provided the personal data; and shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a User via the Application for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

1.2.7 Hyperlinks

You must obtain our prior written approval if you wish to link to or make use of any content on our Application. In this regard, you may send us a formal request by way of email for our consideration. For the avoidance of doubt, without our approval, you are not allowed to link or make use of any content on our Application for commercial purposes. In any event, notwithstanding that we have granted approval for the linking, you must not establish a link to our Application (a) in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or (b) in any website which prohibits such linking or will in any way prejudice or compromise our reputation or integrity. We reserve the right to withdraw linking permission without notice. The Application must also not be framed on any other site.

1.2.8 Content of the Application

Without prejudice to any other provisions in these Terms of Use, we may vary, modify or remove any content on the Application without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the rare event where any information on our Application contains any typographical errors, inaccuracies or omissions, we reserve the right to carry out measures such as (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) canceling orders if any information provided to or by you or User(s) (whether via this Application or other related website) at the time that the Food Order is placed or amended is inaccurate or if we otherwise are of the view that it is appropriate to cancel your order (“Rectification Measure”), at any time without prior notice (including without limitation after an order has been submitted). Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on our Application; or carry out any other Rectification Measure, except as required by law. For the avoidance of doubt, no specified update or refresh date as shown on the Application or on any related website, should be taken to indicate that all information on the Application or on any related website has been modified or updated; and we shall, in no event, be liable to you or any third party for any losses, damages or consequences arising from (i) any variation, modification or removal of the content on the Application; and (ii) any Rectification Measure taken.

1.2.9 Payment Method

Notwithstanding any provisions otherwise, in order to settle any amount payable by you to Odaring or its affiliates (‘Amount Payable’), you authorise Odaring and its affiliates to directly deduct the Amount Payable from any amount receivable by you as a Third Party Provider (including without limitation your balance in the merchant wallet on the Application) (“Amount Receivable”) prior to crediting the Amount Receivable to the bank account(s) which you have instructed Odaring or its affiliates to transfer the Amount Receivable to. We reserve the right to change the payment method or otherwise set off the Amount Payable against your Amount Receivable by providing reasonable advance notification to you; or opt to issue an invoice for the Amount Payable where we deem appropriate.

1.2.10 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW AND WITHOUT PREJUDICE TO THE OTHER PROVISION OF THESE TERMS OF USE, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO (i) FIVE THOUSAND (RM5000.00) (ii) THE VALUE OF THE SUBJECT MATTER IN QUESTION; OR (iii) THE AMOUNT YOU PAID US TO USE OR ACCESS THE APPLICATION OR ANY OF ITS FEATURES OR FUNCTIONALITY IN THE PAST 12 MONTHS (IF ANY), WHICHEVER IS LOWER.

1.2.11 Termination

Notwithstanding any other term in this Agreement, this Agreement shall terminate when your relationship with us as a Merchant on our systems is terminated. Such termination does not release either party from any liability which, at the time of such termination has already accrued to the other party or which is attributable to a period prior to such termination nor preclude either party from pursuing any rights and remedies it may have with respect to any breach of this Agreement.

2. For Third Party Provider

2.0.1 Obey all applicable laws and regulations (including those related to traffic, road safety and parking, as determined by Malaysian laws).

2.0.2 Shall only provide the delivery services within Selangor and Kuala Lumpur area.

2.0.3 The Third Party Provider agrees Odaring shall not be liable for any traffic offences, breach of any applicable laws by the Third Party Provider.

2.0.4 Shall not park (or leave unattended or abandon) the motorbike in any area, space or manner that may contravene any applicable laws and or regulations.

2.0.5 Shall not park: (i) in any private spaces (private property) or any public restricted areas; (ii) on public footways and public roads (iii) in a manner that obstructs entrances, exits, roads, paths.

2.0.6 The Third Party Provider acknowledge that it is prohibited from carrying, possessing and/or distributing prohibited items, including illegal drugs and intoxicating materials.

3. Point of Interest Contributions

1. This section applies to Users’ and Third Party Providers’ submission of Point of Interest (“POI”) locations to the map in the relevant Application.

2. Submission requirements: When submitting a POI, you are required to provide POI content such as the name, address and category of the POI. You may also provide additional POI content such as images of the POI and relevant additional details (“POI Content”).

3. Prohibited content: You shall ensure that all POI Content submitted:

3.1. is not inaccurate, fake or spam;

3.2. is not defamatory, obscene, discriminatory, provocative, derogatory, harmful, offensive or otherwise objectionable;

3.3. does not contain irrelevant content such as political or personal opinions;

3.4. does not offer or promote the sale of any regulated or prohibited items or services, including but not limited to tobacco, drugs, alcohol, gambling, weapons, medical services and adult services;

3.5. does not refer to, promote or depict sexually explicit content, abusive images and/or images of minors, violence, terrorism or any other harmful behaviour or illegal conduct;

3.6. does not contain personal/sensitive data or images of any person;

3.7. does not contain images of protected areas, publicly inaccessible locations or restricted areas, or areas where photography and filming are not permitted (e.g. immigration checkpoints, military compounds, interiors of private residences);

3.8. is not copied or stolen, and does not infringe upon third party intellectual property rights; and

3.9. complies with the “Content Code” published by the Malaysian Communications and Multimedia Commission.

4. Acceptance, rejection or removal of POI: Odaring may, at its sole discretion and at any time without notice to you:

4.1. accept or reject any POI Content submitted;

4.2. amend or redact any accepted POI or POI content; and

4.3. remove any POI or POI Content.

5. Rewards: Odaring may provide incentives or rewards for accepted POI Content submissions from time to time, as notified to you in the Application.

6. License: By submitting a POI,

6.1. you are solely responsible for your conduct and any data, text, information, names, images, graphics, photos, imagery and other content that you submit, post display on or via the Application. Odaring does not claim ownership of any POI Content that you post on or through the Application.

6.2. you have no obligation to provide any content to Odaring. However, if you choose to upload or share content, you represent and warrant that you have the requisite permissions to submit the POI and the POI Content,

6.3. you grant Odaring an irrevocable, worldwide, non-exclusive and royalty-free license to host, reproduce, distribute, communicate, publish, use, sub-license,modify and create derivative works based on the POI and POI content.

6.4. POI or POI Content that contains publicly-available factual information, such as the name of a business is not covered under the scope of this license.

6.5. This license lasts for as long as your POI content is protected by intellectual property rights.

7. Amendment or removal requests: You may submit requests to amend or remove POIs or POI content through the Application. Odaring will assess on a case by case basis whether to accede to such requests at Odaring’s sole discretion.

8. Data Sources

The Application contains geographical data attributed to the following sources:

Map Data © OpenStreetMap contributors www.openstreetmap.org/copyright
Map Schema © OpenMapTiles https://openmaptiles.org/
Map Data © Google maps.google.com
Map Data © Here www.here.com
Map Data © OpenStreetCam openstreetcam.org
Map Data © Foursquare foursquare.com

Section A – General Terms

01 Introduction

1.1. Please read these Terms of Use carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and the Odaring Policies (as defined) constitute a legally binding agreement (“Agreement”) between you and Odaring - Evolf Technology Sdn Bhd (as defined). The Agreement applies to your use of the Service (as defined) provided by Odaring. If you do not agree to the Terms of Use, please do not use or continue using the Application or the Service.

1.2. Odaring may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on https://www.odaring.com or the Application. It is your responsibility to review the Terms of Use regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

1.3. If you use the Service in a country other than the country where you registered for the Application (the “Alternate Country“), you must regularly review the Terms of Service applicable in the Alternate Country which can be found at https://www.odaring.com as it may differ from the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms of Use in the Alternate Country.

1.4. ODARING IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR USERS TO OBTAIN SERVICES PROVIDED BY THIRD PARTY PROVIDERS. ODARING’S ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD PARTY PROVIDER. ODARING IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF ODARING AND THE SOLUTIONS PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY ODARING.

02 Definitions