Terms of Service

Effective Date: [Date]

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. By accessing or using the HaveTap platform, website, or services (collectively, the "Service"), provided by [Your Company Name] ("HaveTap", "we", "us", "our"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

These Terms apply to all individuals or entities who register for or use the HaveTap Service to create and manage micro-storefronts ("Business Users", "you", "your").

1. Description of Service

HaveTap provides Business Users with tools to create and manage simple micro-storefronts online. Features include, but are not limited to, storefront creation and customization, product/service listing, order management, a booking system, integration with WhatsApp for notifications, and tools to accept payments via methods like DuitNow QR and direct bank transfer. Specific features available depend on the selected pricing plan (e.g., Starter, Growth, Professional). We reserve the right to modify or discontinue the Service (or any part thereof) with or without notice.

2. Account Registration and Eligibility

• Eligibility: You must be at least 18 years old and capable of forming a binding contract to use the Service. You represent and warrant that you have the legal authority to bind yourself or the entity you represent to these Terms.
• Registration: You must provide accurate, current, and complete information during the registration process and keep your account information updated.
• Account Security: You are responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. HaveTap is not liable for any loss or damage arising from your failure to protect your account credentials.

3. Fees and Payment

• Pricing Plans: The Service is offered under different pricing plans (e.g., Free, Growth, Professional) as detailed on our pricing page. Features and limitations vary by plan.
• Billing: For paid plans, fees are billed in advance on a recurring basis (typically monthly) as specified at the time of purchase. You authorize us or our third-party payment processor to charge your chosen payment method for the recurring fees.
• Payment Methods: You must provide valid payment information for paid plans. You represent and warrant that you are authorized to use the payment method provided.
• Fee Changes: We reserve the right to change our fees or introduce new charges upon reasonable notice, which may be provided by email or posted on the Service. Your continued use of the Service after a fee change constitutes your agreement to the new fees.
• Taxes: All fees are exclusive of applicable taxes (like Sales and Service Tax - SST in Malaysia), unless stated otherwise. You are responsible for paying all such taxes associated with your use of the Service.
• No Refunds: Fees paid are generally non-refundable, except as required by law or at our sole discretion. No refunds or credits will be provided for partial months of service, plan downgrades, or unused months with an open account.
• Free Plan: The Starter plan is offered free of charge but has limitations as described on our pricing page. We reserve the right to modify or terminate the free plan offering at any time.

4. User Content and Conduct

• Your Content: You are solely responsible for all information, data, text, graphics, images, products, prices, descriptions, and other materials that you upload, post, publish, display, or otherwise make available through your HaveTap storefront ("User Content").
• License to HaveTap: You retain ownership of your User Content. However, you grant HaveTap a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display your User Content solely to the extent necessary to provide and operate the Service.
• Responsibility: You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize HaveTap to use your User Content as described in these Terms; (ii) your User Content does not violate any applicable laws (including Malaysian laws regarding permitted goods/services, advertising, consumer protection) or infringe upon the rights of any third party (including intellectual property, privacy, or publicity rights); and (iii) your User Content is accurate and truthful.
• Prohibited Conduct: You agree not to use the Service to:
  • Upload or display content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable under Malaysian law or standards.
  • Sell or offer goods or services that are illegal in Malaysia or the jurisdiction of your customers.
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
  • Upload or transmit viruses, worms, or any other malicious code.
  • Interfere with or disrupt the Service or servers or networks connected to the Service.
  • Violate any applicable local, state, national, or international law, including the PDPA.
  • Collect or store personal data about other users or your customers in violation of applicable privacy laws or without necessary consents.
  • Engage in any activity that constitutes spam or unsolicited commercial communication.
• Customer Data: You are solely responsible for complying with all applicable privacy laws (including PDPA) regarding the personal data of your customers collected through your storefront. This includes obtaining necessary consents, providing privacy notices, and handling data subject requests. HaveTap acts as a data processor for this data based on your instructions.

5. HaveTap Intellectual Property

The Service and its original content (excluding User Content), features, functionality, design, code, and branding are and will remain the exclusive property of [Your Company Name] and its licensors. The Service is protected by copyright, trademark, and other laws of Malaysia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

6. Third-Party Services and Integrations

The Service may integrate with or allow you to use third-party services (e.g., WhatsApp, payment gateways, custom domain providers). Your use of such third-party services is governed by their respective terms and privacy policies. HaveTap is not responsible for the operation, content, or practices of these third-party services.

7. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PREMISLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PREMISLY MAKES NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PREMISLY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING USER CONTENT OR CONTENT FROM THIRD-PARTY INTEGRATIONS; (III) ANY CONTENT OBTAINED FROM THE SERVICE; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL PREMISLY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED MALAYSIAN RINGGIT (MYR 100) OR THE AMOUNTS PAID BY YOU TO PREMISLY FOR THE USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

9. Indemnification

You agree to defend, indemnify, and hold harmless [Your Company Name] and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms; or c) User Content you submit, post, transmit, or otherwise make available through the Service, including any claim that your User Content infringes the rights of a third party or violates applicable law.

10. Termination

• By You: You may terminate your account and stop using the Service at any time by following the instructions within the Service or contacting us.
• By HaveTap: We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. We may also terminate or suspend free accounts due to prolonged inactivity.
• Effect of Termination: Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. We may delete your User Content upon termination, subject to our data retention policies and legal obligations.

11. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Kuala Lumpur, Malaysia to resolve any legal matter arising from the Terms or your use of the Service.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect (notice may be via email or through the Service). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

13. Miscellaneous

These Terms constitute the entire agreement between you and HaveTap concerning the Service and supersede all prior agreements. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Contact Us

If you have any questions about these Terms, please contact us:

• By email: [Your Contact Email]
• By mail: [Your Company Name], [Your Company Address]