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Term of Use

1. INTRODUCTION
1.1. These Terms (as defined herein) apply to the Merchant’s (as defined below) access and use of the Service (as defined below). By setting up a merchant account, accessing and/or using the Service, you agree that you have read, understood and agreed to these Terms and these Terms shall constitute a legally binding agreement between you and Hello Order (hereinafter referred to as “Hello Order”, “we”, “us” or “our”, as the case may be). If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so.
1.2. Hello Order is a platform to provide a technology service which owns and operates a website and a mobile app (if any) with domain name https://helloorder.my. Hello Order is owned and operated by Cr8tive Solution Sdn Bhd 201601037645 (1208586-X).
1.3. The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Hello Order may effect such termination with or without notice to you.

2. Merchant covenants and undertakes to Hello Order that it shall:
2.1. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2.2. violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;
2.3. upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way
2.4. use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
2.5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
2.6. remove any proprietary notices from the Site;
2.7. cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Hello Order;
2.8. use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
2.9. use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
2.10. open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
2.11. access the Hello Order platform, open a user account, or otherwise access your user account using an emulator, simulator, bot, or other similar hardware or software;
2.12. manipulate the price of any item or interfere with other User's listings
2.13. take any action that may undermine the feedback or ratings systems;
2.14. attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Hello Order with respect to the Services and/or data transmitted, processed or stored by Hello Order;
2.15. harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
2.16. upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
2.17. upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
2.18. upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
2.19. upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
2.20. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
2.21. interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
2.22. take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
2.23. use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
2.24. use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
2.25. use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
2.26. infringe the rights of Hello Order, including any intellectual property rights and any passing off of the same thereof;
2.27. use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
2.28. list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.

3. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Hello Order, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Hello Order be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site

4. You acknowledge that Hello Order and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, Hello Order and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Hello Order or submitted to Hello Order, including, without limitation, information in Hello Order Forums and in all other parts of the Site.

5. You acknowledge, consent to and agree that Hello Order may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Hello Order or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
5.1. comply with legal process;
5.2. enforce these Terms of Use;
5.3. respond to claims that any Content violates the rights of third parties;
5.4. respond to your requests for customer service; or
5.5. protect the rights, property or personal safety of Hello Order, its Users and/or the public.

6. Delivery Orders
6.1. WDelivery by Delivery Partner
6.1.1. “Delivery by Delivery Partner” means, in respect of the Hello Order delivery service, independent third party food delivery service providers appointed by Hello Order.
6.2.1. “Service Fees” means that applicable fees in relation to the use of the Hello Order Delivery Service may apply or as agreed otherwise in writing between merchants and us, as may be updated from time to time.
6.3.1. The Service, the Hello Order Platform, the Website and/or the Underlying Systems, 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 Provider being faulty, not connected, out of range, switched off or not functioning or due to a temporary, short term or interim Force Majeure. Hello Order is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

6.2. Provision of Hello Order Delivery Service
6.2.1. Subject to these Terms, we provide the Hello Order Delivery Service to the Merchants who wish to list their restaurants on the Hello Order Platform, whereby we are entitled to accept food order and delivery booking placed on the Hello Order Platform by the Purchasers (“Food Order”) on the Merchants’ behalf. We do not act for or on behalf of the Purchasers.
6.2.2. By utilising the Underlying Systems, we receive Food Orders from the Purchasers through the Hello Order Platform, accept payments from the Purchasers, and transmit such Food Orders via a printer/tablet or electronic device application installed by us (or in exceptional circumstances, by phone) to the Merchants.
6.2.3. Hello Order may carry out changes to the Hello Order Delivery Service, or suspend the Hello Order Delivery Service, without notice to you. Hello Order is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, the Hello Order Delivery Service.

6.3. Our Obligations
6.3.1. Subject to these Terms, to the extent that it has been communicated to us, we shall in our discretion present on the Hello Order Platform the range of food and beverage items offered by each Merchant.
6.3.2. In setting up its restaurant listing on the Hello Order Platform, a Merchant is entitled to opt out from using the delivery services provided by the Delivery Service Providers. In such event, when we receive a Food Order and accept payment, we will transmit the Food Order to the Merchant directly without arranging for a Delivery Service Provider to collect the prepared Food Order from the Merchant and deliver to the Purchaser.
6.3.3. whenever we receive a Food Order, we require that payment from the Purchaser be made together with such Food Order. The Purchaser has the option for his Food Order to be delivered to him by a Delivery Service Provider or to be available for pick up as a takeaway by him from the Merchants. If it is the former, we will procure a Delivery Service Provider to provide the delivery services after the merchant accepts the order. Thereafter, we will transmit the Food Order to you for food and/or beverage preparation purposes. The Delivery Service Provider will collect the prepared Food Order as a takeaway from you and deliver the Food Order to the Purchaser.

7. Cancellation or Refund Policy
7.1. You shall process Food Orders with all reasonable care and skill and as soon as you have received a Food Order confirmation from us. To the best of your ability, you are required to keep your advertised food and beverage items available. In the event you are unable to fulfill a Food Order, you shall notify us through our prescribed form of communication in no later than 10 minutes from the time you received a Food Order confirmation, so that we can notify the Purchaser immediately, cancel the Food Order, refund the payment to the Purchaser and cancel the arrangement with the Delivery Service Partner (if applicable).
7.2. In the event any Delivery Service Provider or the delivery service provider appointed by the Merchant (as the case may be) fails to deliver the Food Order in a proper state, the Purchaser shall be refunded for the spoiled Food Order. The amount of the refund to the Purchaser shall be agreed between us and the Purchaser, and such refunded amount shall be deducted from the Merchant’s Purchase Credits.
7.3. In the event any Delivery Service Provider or the delivery service provider appointed by the Merchant (as the case may be) fails to deliver the Food Order to the Purchaser for any reason whatsoever, the Merchant shall decide whether to deliver the Food Order to the Purchaser itself or to cancel the order. If the Food Order is cancelled by the Merchant, we are entitled to refund to the Purchaser the payment made in respect of the cancelled Food Order, and such refunded amount shall be deducted from the Merchant’s Purchase Credits.
7.4. No compensation is payable by us to you as a result of termination of your engagement of the Hello Order Platform for whatever reason, and you will not be entitled to a refund of any Amounts Payable that you have already paid.
7.5. Cancellation or refund of purchase is NOT allowed once Purchaser click PLACE ORDER in Hello Order. Any dispute can be communicated to the merchant directly. The decision to offer a refund or compensation shall be at the sole discretion of the merchant.