Terms of Service | WhatsMenu Malaysia

Welcome to WhatsMenu, a business management and online ordering platform provided by Websumo Solutions (Co. Reg. No. 201803015504) ("WhatsMenu", "we", "us", or "our"). By signing up for a WhatsMenu Account, you ("Merchant" or "you") agree to these Terms of Service. Please read them carefully.

1. ACCEPTANCE OF TERMS

By creating a Merchant Account on WhatsMenu, you agree to be bound by these Terms of Service, our Privacy Policy, and our Refund Policy. You are responsible for ensuring that your business information accurately reflects your legal business name and details. If you are creating an account on behalf of your employer or organisation, your employer will be considered the Merchant and you must use your employer-issued email address. You represent that you are at least 18 years old and legally capable of entering into a binding contract under Malaysian law.

These Terms apply to Merchants. Individuals who place orders or otherwise interact with a Merchant's WhatsMenu storefront ("End-Customers") contract directly with the Merchant, not with WhatsMenu.

2. WHATSMENU'S RIGHTS

WhatsMenu provides various features and services subject to specific conditions. We reserve the right to:

Remove or reject any products, services, or content that violate our policies or applicable law
Terminate accounts immediately for harassment, abuse, or inappropriate behavior directed at WhatsMenu personnel
Request documentation to resolve account ownership disputes, with final decision-making power in such matters
Modify, suspend, or discontinue any part of the Service with reasonable notice where practicable

3. MERCHANT'S RESPONSIBILITIES

3.1 Fulfillment and Business Information You agree to provide accurate contact information, refund policies, and order fulfillment details on your WhatsMenu Site. Our platform is not a marketplace — all sales contracts are direct agreements between you and your End-Customers. You are solely responsible for all business operations, product/service accuracy, transaction processing, legal compliance, and any violations of applicable laws.

3.2 Compliance and Legal Responsibility You bear complete responsibility for all content, goods, or services offered through our platform, including compliance with all applicable laws and regulations. Using WhatsMenu services for any illegal purposes is strictly forbidden. Examples of prohibited activities include, but are not limited to:

Misleading Information: Providing false or deceptive information about products or services
Unauthorized Products: Selling counterfeit, pirated, or unauthorized goods
Fraudulent Activities: Engaging in scams, phishing, or other deceptive practices
Identity Fraud: Impersonating others or engaging in identity theft
Illegal Activities: Participating in hacking, malware distribution, or unauthorized system access
Content Violations: Sharing content that violates laws, regulations, or third-party rights
Safety Violations: Failing to comply with relevant safety regulations and product information requirements
Restricted Goods: Selling any items restricted or prohibited under Malaysian law without proper licensing (e.g., alcohol, tobacco, pharmaceuticals, firearms)
Controlled Substances: Selling, listing, or promoting narcotics, cannabis, illegal drugs, controlled substances, psychotropic substances, or any item prohibited under the Dangerous Drugs Act 1952, the Poisons Act 1952, or any other applicable drug control legislation in Malaysia

As a platform provider, WhatsMenu is not responsible for most product eligibility or takedown disputes, which typically originate from external parties such as regulators or intellectual property rights holders. While we strive to provide notice and tools to help you address such issues, you are ultimately responsible for resolving them.

3.3 End-Customer Data and Privacy Obligations When you collect or process personal data of your End-Customers through WhatsMenu, you act as the data user (controller) under the PDPA 2010. You agree that you will:

Maintain your own privacy notice disclosing how you handle End-Customer data
Obtain any consents required under PDPA or other applicable law
Handle End-Customer data lawfully, securely, and only for legitimate purposes
Respond to End-Customer data subject requests in line with PDPA
Not use End-Customer data obtained through WhatsMenu for unlawful marketing or unsolicited communications

You agree to indemnify WhatsMenu against any claims arising from your handling of End-Customer data.

3.4 Merchant Obligations Regarding Drivers If you use the WhatsMenu Driver Application ("Driver App") to manage drivers for your delivery operations, you acknowledge and agree to the following:

3.4.1 Driver Employment Relationship Drivers added to your WhatsMenu account are your employees, not employees or contractors of WhatsMenu. WhatsMenu is a technology provider only. You are solely responsible for:

Hiring, supervising, disciplining, and terminating drivers
Setting and paying driver wages, commissions, allowances, and any other compensation
Scheduling, managing working hours, and approving leave
Providing any required training, uniforms, equipment, or delivery tools
Ensuring drivers hold valid driver's licences and any other legally required permits
Verifying drivers' right to work in Malaysia
Conducting any background checks you consider necessary

3.4.2 Employment Law Compliance You agree to comply with all applicable Malaysian employment, labour, and social protection laws regarding your drivers, including:

The Employment Act 1955, as applicable
Employees Provident Fund (EPF), Social Security Organisation (SOCSO), and Employment Insurance System (EIS) contributions
Minimum wage, overtime, and working hour regulations
Workplace safety and occupational health requirements under the Occupational Safety and Health Act 1994
Workers' compensation or equivalent insurance
Paid leave, public holidays, and termination notice requirements
Withholding and remitting any applicable income tax and other statutory contributions

3.4.3 Vehicle, Insurance, and Safety You are responsible for ensuring, or for requiring your drivers to ensure, that:

Vehicles used for deliveries are roadworthy and comply with Malaysian road transport regulations
Appropriate motor insurance covers the driver and the use of the vehicle for delivery purposes
Drivers are briefed on and follow safe driving practices and any safety protocols appropriate for the goods being delivered (including food handling, hygiene, and temperature control where applicable)
Accidents, incidents, or near-misses are handled in accordance with applicable law and your workers' compensation arrangements

3.4.4 Data Protection for Drivers When you add drivers to the WhatsMenu platform, you act as the data user (controller) for their personal data under the PDPA 2010. WhatsMenu acts as your data processor. You agree that you will:

Collect and process driver data lawfully
Provide drivers with your own privacy notice describing how their data is handled in connection with their employment
Obtain any consents required under applicable law
Handle driver data securely and only for legitimate employment purposes
Respond to driver data subject requests (access, correction, deletion, etc.) as the controller
Not use the Driver App to collect driver data beyond what is reasonably necessary for delivery coordination

3.4.5 Driver Conduct and Liability You are responsible for the conduct of your drivers during their work, including in their interactions with End-Customers. WhatsMenu is not responsible for:

Driver misconduct, negligence, or breach of law
Accidents, injuries, property damage, or loss of delivery items
Disputes between drivers and End-Customers, drivers and you, or drivers and third parties
Employment-related claims brought by drivers against you

3.4.6 Driver Indemnity You agree to indemnify, defend, and hold harmless WhatsMenu, its affiliates, officers, directors, and employees from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from:

Your employment or engagement of drivers, or the termination of that relationship
Any claim by a driver that they are or should be treated as an employee, contractor, or worker of WhatsMenu
Any breach by you of applicable employment, tax, labour, data protection, or insurance laws relating to drivers
The conduct, acts, or omissions of your drivers during or in connection with their work
Any accident, injury, or property damage caused by your drivers

3.4.7 Compliance with the Driver App Terms You acknowledge that drivers using the Driver App are separately subject to the WhatsMenu Terms and Conditions for Drivers and the Privacy Policy for Drivers. You agree to:

Inform your drivers that their use of the Driver App is subject to those terms
Not instruct your drivers to breach those terms
Cooperate with WhatsMenu in resolving any issues involving driver accounts, including account suspensions for platform-level security or fraud concerns

3.5 API Usage Use of the WhatsMenu API is subject to our fair use guidelines. You are responsible for the secure use of your API credentials and any activity under your account.

4. PRIVACY POLICY

Your personal information, and End-Customer personal information processed through the platform, is handled in accordance with our Privacy Policy at https://whatsmenu.my/privacy-policy/. Our Privacy Policy complies with the Personal Data Protection Act 2010 (PDPA) of Malaysia and other applicable data protection laws.

5. INTELLECTUAL PROPERTY AND YOUR MATERIALS

5.1 Your Content You retain full ownership of all content you upload to our platform, including business names, logos, menu items, product descriptions, images, and other materials ("Merchant Content"). You are responsible for ensuring you have all necessary rights to the Merchant Content.

5.2 Licence to WhatsMenu You grant WhatsMenu a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, transmit, and modify the Merchant Content solely for the purpose of operating, maintaining, and providing the Services to you and your End-Customers. This licence terminates when you remove the content or terminate your account, except to the extent retention is required by law or for legitimate backup purposes.

5.3 Marketing Use We may only use your business name, logo, or Merchant Content in our own marketing materials (e.g., case studies, testimonials, public customer lists) with your prior consent, which may be given or withdrawn at any time.

5.4 WhatsMenu Intellectual Property All rights, title, and interest in the WhatsMenu platform, including its software, design, trademarks, and documentation, remain the exclusive property of Websumo Solutions. No rights are granted except as expressly set out in these Terms.

6. THIRD PARTY SERVICES

WhatsMenu is not responsible for third-party services (including Stripe, WhatsApp, Meta, Google, and any other integrated service), and you use them at your own risk. If you choose to use third-party services on the WhatsMenu platform, you consent to us sharing your data (and where applicable, End-Customer data) with those services for the purpose of providing the integration. WhatsMenu provides no warranty regarding third-party services. You are responsible for reviewing and complying with their terms and privacy policies.

7. PAYMENT OF FEES AND TAXES

7.1 Accepted Payment Methods WhatsMenu accepts payment for subscription fees and service fees via:

Credit/debit card payments processed through Stripe
Manual bank transfer to our designated business account (where made available by WhatsMenu)

Specific payment methods may vary by plan, region, or agreement.

7.2 Stripe Payments Card payments are securely processed and managed by Stripe. WhatsMenu does not retain payment card information. For issues related to your payment cards, please contact Stripe support directly.

7.3 Manual Bank Transfer Payments For Merchants paying by manual bank transfer, payment must be made to the official account listed on your WhatsMenu invoice. Proof of payment must be submitted to our billing team. Subscription activation or renewal takes effect only after payment has been verified, which typically takes 1–3 business days. All bank transfer charges, foreign exchange costs, and intermediary fees are the Merchant's responsibility.

7.4 Subscription Fees Subscription fees are billed monthly or annually, depending on your chosen plan, and continue until your subscription is terminated.

7.5 Service Fees Additional service fees may be charged for services requested beyond your subscription plan. If the initial payment attempt is unsuccessful, we may retry using the same method (for Stripe) or follow up for manual payment. If payment remains unsuccessful within 21 days of our initial attempt or invoice date, WhatsMenu reserves the right to suspend or downgrade your account.

7.6 Price Changes WhatsMenu may update subscription or service fees from time to time. We will provide at least 30 days' notice of any price increase affecting your current subscription, via email or in-platform notification. Continued use of the Service after the effective date constitutes acceptance of the new fees.

7.7 Tax Responsibility You are responsible for all taxes related to your business operations and use of our Services, including but not limited to Sales and Service Tax (SST), Corporate Income Tax, and any other applicable Malaysian taxes. Depending on applicable regulations, you may be required to remit taxes either to WhatsMenu (if chargeable on our fees) or directly to the Inland Revenue Board of Malaysia (LHDNM).

7.8 Refund Policy Refunds are governed by our Refund Policy at https://whatsmenu.my/refund-policy/. Except as expressly stated in that policy, subscription fees and service fees are non-refundable.

8. CONFIDENTIALITY

8.1 Definition "Confidential Information" means any non-public information disclosed by one party to the other that is marked as confidential or that a reasonable person would understand to be confidential given its nature, including business plans, customer data, pricing, and technical information.

8.2 Obligations Each party agrees to:

Use Confidential Information only to perform its obligations under these Terms
Protect it with the same degree of care as its own confidential information (and no less than reasonable care)
Not disclose it to third parties except to employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations

8.3 Exclusions Confidentiality obligations do not apply to information that is (a) publicly available through no breach by the receiving party, (b) independently developed, (c) lawfully received from a third party without confidentiality restrictions, or (d) required to be disclosed by law or regulatory authority.

8.4 Survival Confidentiality obligations survive termination of these Terms for a period of three (3) years.

9. LIMITATION OF LIABILITY AND INDEMNIFICATION

9.1 Service "As Is" The Service is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement, except as required by Malaysian consumer protection law.

9.2 Liability Cap To the maximum extent permitted by law, WhatsMenu's total aggregate liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the total subscription fees paid by you to WhatsMenu in the twelve (12) months immediately preceding the event giving rise to the claim.

9.3 Excluded Damages To the maximum extent permitted by law, WhatsMenu shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.

9.4 Indemnification You agree to indemnify, defend, and hold harmless WhatsMenu from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any law or third-party right; (d) the content, goods, or services you offer through the platform; or (e) your handling of End-Customer data.

9.5 Consumer Rights Nothing in this section limits any rights you have under the Consumer Protection Act 1999 or other applicable Malaysian law that cannot be lawfully excluded.

10. FEEDBACK AND REVIEWS

We welcome feedback on our Services but are under no obligation to keep ideas, suggestions, or feedback confidential. You grant WhatsMenu a perpetual, royalty-free licence to use any feedback you provide for any purpose, including improving the Services, without compensation or attribution.

11. TERM AND TERMINATION

11.1 Termination by Merchant You may cancel your subscription at any time through the administrative dashboard or by contacting our support team. Cancellation takes effect at the end of your current billing period, in accordance with the Refund Policy.

11.2 Termination or Suspension by WhatsMenu WhatsMenu may suspend or terminate your account, with or without notice, if:

You breach these Terms, the Privacy Policy, or the Refund Policy
Your payment is overdue beyond any grace period stated in Section 7
You engage in any prohibited activity listed in Section 3.2
Your use of the Service poses a security, legal, or reputational risk to WhatsMenu or other users
Required by law or regulatory order

Where practicable, we will provide notice and an opportunity to cure before termination.

11.3 Effect of Termination Upon termination by either party for any reason:

WhatsMenu will discontinue providing the Services
Unless otherwise specified in these Terms or the Refund Policy, you are not entitled to any refunds
Any outstanding balance owed for your use of the Services through the effective termination date becomes immediately due and payable
Your WhatsMenu Site will be deactivated. If you downgrade rather than terminate, your site may remain active on the free plan with reduced features.

12. DATA EXPORT AND RETENTION

Upon termination of your subscription, you may request an export of your data within 30 days. WhatsMenu will provide your data in a commonly used, machine-readable format. After 30 days, your data may be permanently deleted, except where retention is required by law, tax, or legitimate business purposes (e.g., fraud prevention or unresolved disputes). End-Customer data deletion is governed by the Privacy Policy.

13. SERVICE AVAILABILITY

13.1 Uptime Effort WhatsMenu strives to maintain high service availability but does not guarantee uninterrupted access. We may perform maintenance, updates, or modifications that temporarily affect availability. We will provide reasonable advance notice for scheduled maintenance where possible.

13.2 No Service Credits Unless expressly agreed in a separate written service level agreement, no service credits or refunds are owed for service downtime, outside of any exceptional-circumstances remedies stated in the Refund Policy.

14. BETA AND PREVIEW FEATURES

From time to time, WhatsMenu may make beta, preview, or experimental features available ("Beta Features"). Beta Features are provided "as is", may be changed or discontinued without notice, and are excluded from any service availability commitments. Your use of Beta Features is voluntary and at your own risk.

15. MALAYSIAN COMPLIANCE

15.1 PDPA Compliance WhatsMenu complies with the Personal Data Protection Act 2010 (PDPA). You acknowledge that your use of our Services may involve the processing of personal data as defined under the PDPA, and you agree to comply with all applicable data protection requirements, including those set out in Section 3.3.

15.2 Communications Act Compliance WhatsMenu complies with the Communications and Multimedia Act 1998 (CMA). You agree not to use our Services for any activities that violate the CMA or other Malaysian communications laws, including but not limited to spam or unauthorised bulk messaging.

15.3 Consumer Protection These Terms are subject to the Consumer Protection Act 1999 and other applicable Malaysian consumer protection laws. Nothing in these Terms limits your rights under such legislation.

16. FORCE MAJEURE

WhatsMenu shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, war, terrorism, riots, fire, pandemics, labor disputes, internet service provider failures, or third-party platform outages.

17. GOVERNING LAW AND JURISDICTION

17.1 Governing Law These Terms are governed by and construed in accordance with the laws of Malaysia.

17.2 Dispute Resolution In the event of any dispute arising from these Terms, both parties agree first to attempt to resolve the matter through good faith negotiations for at least thirty (30) days. If negotiations fail, the dispute shall be resolved in the courts of Malaysia, and you submit to the exclusive jurisdiction of those courts.

18. CHANGES TO THESE TERMS

We may update these Terms from time to time. Material changes will be notified via email or in-platform notification at least 30 days before taking effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

19. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.

20. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and WhatsMenu regarding the use of the Service and supersede all prior agreements and understandings.

21. WAIVER

The failure of WhatsMenu to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

22. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without WhatsMenu's prior written consent. WhatsMenu may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

23. CONTACT INFORMATION

Websumo Solutions (Co. Reg. No. 201803015504) G-09, Jalan Pandan Prima 1, Dataran Pandan Prima, 55100 Kuala Lumpur, Malaysia Email: support@whatsmenu.my

Last updated on: 15 March 2026