Terms & Conditions

1.1 Please read these terms and conditions (hereinafter referred to as “the T&C”) before visiting and/or accessing and/or using any of our sites as the T&C govern your use of the websites and mobile applications and digital properties (hereinafter collectively referred to as “the Platforms”) provided by JKRS MARKETING SDN. BHD. (hereinafter referred to as “we”, “us”, “our” or “JKRS”). It is advisable to read the T&C in conjunction with our Privacy Policy and other policies and/or any other documents as published on the Platforms from time to time or as provided by JKRS.
1.2 By visiting and/or accessing and/or using the Platforms, you are deemed to have fully read, understood and agree to the T&C as may be amended by us from time to time. You hereby indicate that you agree to comply with the T&C including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink and you agree to comply with the T&C by using and/or accessing the Platforms or any services provided through it. Your usage of any parts of the Platforms comprises your acceptance of the T&C, which come into effect on the date you first use the Platforms. If you do not agree to any of the T&C, you must cease accessing and/or using the Platforms.
1.3 We provide online ordering services by entering into contractual arrangements with Merchants (as hereinafter defined) for you to order a variety of goods including but not limited to prepared food and non-prepared food and/or drink (hereinafter collectively referred to as "the Items").
1.4 When you place an order for the Items (“hereinafter referred to as “the Order”) from the Merchants (as hereinafter defined), JKRS acts as an agent on behalf of the Merchants to facilitate, process and conclude the Order and subsequently for you to arrange for Dine In (as hereinafter defined) or Pick Up (as hereinafter defined) of the Order.
1.5 We reserve the right to, at our sole and absolute discretion from time to time without prior notification, amend, modify, update, change and/or terminate all or any portion of the T&C ("Amendments”, and "Amended” shall be construed accordingly); and any Amendments will be effective immediately upon posting of the same on the Platforms. Each Amended version of the T&C shall apply and supersede all previous versions including the hardcopy version (if any). In the event of any inconsistency between the T&C and any other material in any medium containing information on the Referral Program (as hereinafter defined), the T&C (as Amended) shall prevail.
1.6 We reserve the right to refuse to provide you access to the Platforms or to allow you to register an account for any reason.
1.7 For customer support, you may reach out to us via email or through our help desks.
The following terminology applies to the T&C, Privacy Policy and any or all agreements related thereto:
2.1 “We” or “Our” or “Us” or “JKRS” refers to the Company, JKRS Marketing Sdn. Bhd..
2.2 “App” or “Mobile App” or “the Platforms” or “Site” or “Website” refers to the websites, mobile applications or digital properties operated directly or indirectly by JKRS and/or for and on behalf of JKRS in order to facilitate online orders.
2.3 “Business Day(s)” refers to a day excluding Saturdays, Sundays, public holidays and announced ungazetted public holidays, on which banking and financial institutions are open for business in Malaysia for transaction of business of the nature required or contemplated by the T&C.
2.4 “Merchant(s)” refers to a third party who shall supply or provide the Items and/or services through the Platforms.
2.5 “Dine In” refers to the action of ordering the Items through the Platforms and to consume the Items in the Merchants’ premises where it is ordered rather than being taken away.
2.6 “Pick up” refers to the action of ordering the Items through the Platforms and collect your order in-person directly or to arrange a third-party delivery service by yourself to collect your order from the Merchant’s premises.
2.7 “Register” refers to creating an account on the Platforms.
2.8 "User Account" refers to the account that you will need to register on the Platforms if you would like to submit an order.
2.9 “Service” or “Services” refers to all and any of the services provided by JKRS via the Platforms, including but not limited to the information services, content and transaction capabilities on the Platforms and the availability to make online order or any other service as may be introduced by us from time to time.
2.10 “You” or “Your” or “Yours” refers to JKRS’ members/users/merchant(s)’/ customer(s), JKRS Partners, business/marketing partners/merchants, agents, vendors, distributors, suppliers, contractors, service providers, etc. If you are a company, an entity or an organisation, references to the term “you” and “your” and “yours” shall also include your employees, representatives and agents.
2.11 “Customer” or “Customers” refers to individuals who are accessing the Platforms (who have signed up as user of the Platforms) and placing order from the Platforms listed Merchants through the Platforms.
3.1 Applicability of the T&C: Your usage of the Platforms, any of the Services, any online order made and/or any other transactions that may be performed or conducted through the Platforms are each subject to the T&C.
3.2 Eligibility: In order to register and use the Platforms, the Services and/or to make any online order, you must be eighteen (18) years of age or over. If you are under the age of 18, you must obtain permission or consent from parent(s) or legal guardian(s) who by accepting the T&C shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of the Items. If you do not have consent from your parent(s) or legal guardian(s), you shall stop using/accessing the Platforms immediately.
3.3 Prohibitions and Prevention of Usage: You shall not misuse the Platforms. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on the Platforms which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance other users, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our own sole and absolute discretion, to prevent you from using the Platforms, the Services (or any part of them) and/or from making any online order.
3.4 Equipment: Your agreement to use the Services, the Platforms and/or the making of any online order does not include the provision of a computer or any other necessary equipment by us to you in achieving any of the said purposes. To use the Platforms, the Services and/or to make online order, you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur in connection with the same.
3.5 We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time to time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). You acknowledge and agree that if the Platforms is disables access to your User Account in the event you failed to update or upgrade the Platforms, you may be prevented from accessing the Services and the Platforms, your account details or other content, which is contained in your User Account. In this situation, you agree to hold us harmless in respect of any losses which you may suffer due to us disabling your access to your User Account.
3.6 Promotion: JKRS promotions will be varied from time to time. Therefore, JKRS reserve its right to alter and update the promotions without any notice to you.
3.7 Account deletion: If you wish to delete your User Account, you may uninstall the Platforms on your device.
4.1 Registration
4.1.1 In order to access some of the features and services on the Platforms, you would have to create and sign up for a User Account with us.
4.1.2 The preliminary requirement to sign up as the user of the Platforms is you must be referred by another user of the Platforms.
4.1.3 To sign up as the user of the Platforms, you need to provide us some personal information including but not limited to your name, phone number, and email address. You hereby agree to provide true, accurate, current and complete information in any registration form of the Platforms and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your User Account, as required. You shall not misuse the Platforms by creating multiple user accounts and we reserve the right to decline a new registration or to cancel a registered account at any time if we may deem fit. By submitting your personal information to sign up, you acknowledge that you agree and accept our Privacy Policy and expressly consent to authorise us to process your personal data for such purposes as set out in the Privacy Policy. Please refer to our Privacy Policy for more details.
4.1.4 During the Platforms registration, you need to create a password to your account. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or your User Account or any breach of security known to you. You hereby agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your User Account. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
4.1.5 Your User Account must be registered with a valid personal email address that you access regularly, in order to, among other things, administration emails can be sent to you. Any user accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require you to validate your account if we believe you have been using an invalid email address.
4.2 The term of the T&C shall commence on the date of User Account successfully registered and will continue for an indefinite period, unless terminated earlier in accordance with the provisions in the T&C (hereinafter referred to as “the Term”).
4.3 Closing accounts: Subject to any other provisions hereinafter contained, we reserve the right to close your User Account if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-Malaysian user pretends to be a Malaysian user, or disrupts the Platforms or the Services in any way.
4.4 Multiple logins: If you use multiple logins or accounts for the purpose of disrupting a community or annoying other users, we reserve the right to take any action which we deem fit against your account, your use of the Platforms and/or any of the Services.
4.5 JKRS’ Referral Program
4.5.1 JKRS’ Referral Program (hereinafter referred to as “the Referral Program”) is operated through the Platforms and governed by the T&C and any other policies, FAQs, guidelines pertaining to the Referral Program as may be in place from time to time.
4.5.2 To join the Referral Program, user of the Platforms must first meet the minimum spending or minimum transactions determined by JKRS (hereinafter referred to as “the Minimum Spend”). For illustration purposes, assuming that you have reached the Minimum Spend in August 2022, you will be entitled to join the Referral Program in September 2022. Nonetheless, users will be automatically withdrawn from the Referral Program if users fail to meet the Minimum Spend subsequently. JKRS shall revise or vary the Minimum Spend from time to time to reflect the business practice, structure, and procedures.
4.5.3 Members of the Referral Program (hereinafter referred to as “the Members”) are entitled to commission based on the rate to be updated by JKRS from time to time to reflect the business practice, structure, and procedures.
4.5.4 A yearly statement will be issued by JKRS stating the yearly corresponding commission paid to the Members at the date set out in such statement shall constitute conclusive evidence of the fact of such matter or amount as against the Members. However, nothing in this Clause shall prevent JKRS from correcting any error or discrepancy in such statement and issuing a substitute statement.
4.5.5 The Members shall receive monthly corresponding commissions on or before the 15th day of next month. If the 15th day is not a Business Day, the Members’ commission payout will be paid into the Member’s designated account within the next three (3) Business Days after the 15th day.
5.1 The information set out in the T&C and the details contained on the Platforms do not constitute an offer for sale but rather an invitation to treat.
5.2 To submit an Order, you will be required to follow the online shopping process on the Platforms. When you place an online order through the Platforms, the completion of the order will only be established upon JKRS issuing a confirmation of transaction of the Order to you. For the avoidance of doubt, we shall be entitled to refuse or cancel any order placed by user without giving any reasons prior to the issue of the confirmation of transaction. No concluded contract may be modified or cancelled by you except with the agreement in writing of JKRS and on terms that you shall indemnify JKRS in full against all loss, costs, damages, charges and/or expenses incurred by JKRS as a result of the modification or cancellation, as the case may be.
5.3 You understand that our Merchants offer the Items in specific localities and areas, and the availability of our Merchants varies across different localities and areas. By entering your address or providing your location on the Platforms, you shall notice the Merchants that are available to you at the particular time, depending on your locality and area. Selected localities and/or serviceable cities may expand, shrink or change, and available Merchants may be subject to change, depending on situations of force majeure, or as we may determine from time to time.
6.1 Any Items or services supplied by the Merchant on the Platforms are between you and the Merchant. Each agreement entered into for the sale of the Items to a Customer shall be an agreement entered into directly and only between the Merchant and the Customer. JKRS is not a party to that or any other contract between the Merchant and the Customer and accepts no obligations in connection with any such contract. In the event that you have a dispute with any party to a transaction, you agree to release and indemnify JKRS (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
6.2 You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. To complete an order, kindly follow the onscreen instructions. You may be required to provide additional details for us to complete your order. You are required to review and confirm that all the information you provide, including the selection of the Items, amounts, personal details, dine in time, and voucher (if applicable) is true, accurate and complete before you click ‘Add to Cart’. An order is successfully placed when you receive an order confirmation email and/or in-app notification containing your order receipt from us.
6.3 Once you have submitted your order, your payment has been authorized. You will not be entitled to change or cancel the Order, nor will you be entitled to a refund.
6.4 Subject to Clause 6.15, should you still decide to cancel the Order after it has been confirmed, you understand that no refunds (whether in whole or in part) will be issued to you.
6.5 Where any payment you make is not authorized, your order will not be processed or communicated to the relevant Merchant.
6.6 You understand, accept and agree that the payment facility provided by JKRS is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the Platforms using the existing authorised banking infrastructure, credit/debit card payment gateway and e-wallet payment networks. Further, by providing payment facility, JKRS is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
6.7 After your payment for the Order has been authorized, we will process the Order by sending it to the relevant Merchant and will notify you via our in-App notification or email that the Order has been received and is being processed. Please note that any confirmation page that you may see on the Platforms or any order confirmation email that you may receive each indicate that your order has been received and is being processed by us, and it means that your order has been accepted by the Merchant. We encourage our Merchant to accept all orders and to communicate any rejection promptly, and we will notify you as soon as reasonably practicable if the Merchant rejects your order. However, Merchants have the discretion to reject orders at any time due to situations of force majeure or for any other reason.
6.8 Minimum Order Value - Some orders may require a minimum order value (hereinafter referred to as “the MOV”) before an order can be placed by you. Where an applicable order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more items to your order.
6.9 Special Instructions – JKRS and the Merchant (as the case may be) reasonably endeavour to comply with your special instructions for an order. Nevertheless, in some cases where this is not feasible or commercially reasonable, JKRS and/or the Merchant reserve the right to proceed to prepare the Order in accordance with standard operating procedures of JKRS or the Merchant (as the case may be). Neither JKRS nor the Merchant shall be responsible to replace or refund an order which does not conform to special instructions provided by you.
6.10 Allergens – JKRS is not obligated to provide ingredient information or allergen information on the Platforms. Further, JKRS does not guarantee that the Items sold by the Merchants are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Merchant before placing an order on the Platforms.
6.11 Please note that your order may be subject to additional terms and conditions provided by the Merchant.
6.12 Please note that we do not provide delivery service of the Order, however, you may Pick Up your order. In the event of Pick Up, your order confirmation email will indicate the time for you to collect the Order (hereinafter referred to as “the Pick Up Time”). The Merchant will prepare the Order by the Pick Up Time. In some cases, a reasonable delay may be expected. The Merchant agrees to hold the Order for you at the Merchant’s premises for no more than a reasonable period of thirty (30) minutes from the Pick-Up Time (hereinafter referred to as “the Holding Time”).
6.13 In the event of unreasonable delays in the Pick Up Time or the Holding Time attributable to you, you bear the risk of any damage or loss of the Items or any deterioration in quality or change in condition of the Items (for instance, changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund or replacement of the Items.
6.14 You are solely responsible for inspecting the Items/the Order when you collect the Order and shall report any issues and/or defects to the Merchant immediately before leaving the Merchant’s premises.
6.15 The Order placed by using the Platforms are non-cancellable and non-refundable save and except for the following situations:
6.15.1 if the Merchant cancels the Order due to the Merchant’s store is closed; or
6.15.2 if the cancellation of the Order is due to non-availability of the Merchant; or
6.15.3 any other reasons as shall be deemed reasonable by us at our sole discretion. Our decision on refunds sum shall be final and binding. All approved refunds by JKRS will be reflected in User Account in the form of voucher equivalent to the payment made for the Order. You may utilize the Voucher for your next purchase.
7.1 Through the use of the Services, User may make a reservation at one of the times, venues and at the promotions offered by a Merchant. We do not however guarantee and are not responsible for the performance of the reservation, the dining services and/or promotions (i.e. discounts), which are the sole responsibility and are to be provided and/or otherwise performed by the Merchant. We are therefore not responsible for the service, eligibility, or termination of the store or the store’s reservation with the Merchant.
7.2 Prices may vary from regular items and sales on special holidays. Please contact the Merchant directly to confirm the same on special holidays.
8.1 The purchase of alcohol (hereinafter referred to as “the Restricted Item”) on the Platforms is permitted by JKRS subject to the terms and conditions of this Clause 8. If you are a buyer of the Restricted Item (hereinafter referred to as “Restricted Item Customer”), you will be deemed to have consented to the terms and conditions of this Clause 8 when you purchase the Restricted Item on the Platforms.
8.2 If you are a Restricted Item Customer:
8.2.1 you represent and warrant that you and (if applicable) the person receiving the Restricted Item (hereinafter referred to as “the Recipient”) are (a) aged 21 or above; (b) are non-Muslim or not prohibited from buying the Restricted Item under any law, regulation or religion; and (c) understand the following: “MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN”.
8.2.2 if requested by Merchant or JKRS (or its agents), you and/or the Recipient shall provide photo identification for age verification purposes.
8.3 Each Restricted Item Customer severally agrees to indemnify, defend and hold harmless JKRS, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (hereinafter collectively referred to as “the Indemnified Parties") 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 the Indemnified Parties arising out of or relating to: (a) any inaccuracy or breach of its representations in Clause 8.2; and (b) its breach of any law or any rights of a third party.
9.1 Whilst we make best efforts to ensure that all details, descriptions and prices which appear on the Platforms are accurate, there may be instances where errors may occur. If there is an error in the price of the Items which you have ordered, Merchant shall be responsible for the price difference.
9.2 Where applicable, prices are inclusive of sales and service tax (hereinafter referred to as “SST”) and are in Malaysia ringgit.
9.3 The way we display the prices of the Items may vary depending on the Merchants, and the prices reflected on our Platforms may:
9.3.1 Include SST or such other equivalent tax; or
9.3.2 Exclude SST or such other equivalent tax.
9.4 A breakdown of the prices and additional charges (including but not limited to applicable tax) are displayed before Check Out. When you place an order, you agree to all amounts and the final ‘Total’ amount which is displayed to you. You shall make full payment on the ordered Items via the payment methods that provided by JKRS.
9.5 You can choose to pay for the Order using any of the payment methods offered on the Platforms including:
9.5.1 Credit Card, Debit Card, Boost Wallet, GrabPay, Mcash, ShopeePay, Touch ‘n Go ewallet and UnionPay Credit Card; or
9.5.2 Such other payment method(s) JKRS offers from time to time.
9.6 JKRS reserves the right to offer additional payment methods and/or remove existing payment methods at any time at its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third-party payment service provider(s) for future orders.
9.7 You warrant that the credit or debit card, online banking or other payment method details that you provide are for your own credit or debit card, online banking or other payment method and that you have sufficient funds to make the payment.
9.8 Insofar as required, JKRS takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with the T&C.
9.9 From time to time, JKRS may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (hereinafter referred to as “the Vouchers”). The Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
9.10 The Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to the Vouchers. Unless otherwise stated, the Vouchers can only be used on our Platforms. The Vouchers cannot be exchanged for cash.
9.11 JKRS reserves the right to void, discontinue or reject the use of any of the Voucher without prior notice to you.
9.12 We may exclude certain Merchants from the use of the Vouchers at any time without prior notice to you.
10.1 The Platforms may enable you to rate (“hereinafter referred to as “Ratings”) and post comments, reviews, suggestions or feedbacks about the Items which you have purchased or ordered and/or about the Merchants of which such Items are purchased or ordered (hereinafter referred to as “Reviews”). Reviews are considered as user data for the purposes of the Platforms.
10.2 Ratings and Reviews are not endorsed by JKRS and do not represent the views of JKRS or its affiliates. JKRS shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews.
10.3 When you post Reviews to the Platforms, you also grant us the right to use the name that you submit or your username, in connection with such Reviews to be publicized on the Platforms. You shall not use a false e-mail address, pretend to be someone other than you or otherwise mislead us or third-parties as to the origin of any Reviews. We may, but shall not be obligated to, remove or edit any Reviews which contravene the T&C.
10.4 We strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you acknowledge and agree that, by posting Reviews:
10.4.1 you are not (a) a director, employee, officer or principal (hereinafter referred to as “Restricted Party”) of the Merchant whose Items are the subject of the Reviews, (b) a Restricted Party of a competitor of the Merchant whose Items are the subject of the Reviews; or (c) related in any way to the Merchant whose Items are the subject of the Reviews;
10.4.2 your Reviews is based upon your first-hand experience with the Merchant whose Items, are the subject of the Reviews;
10.4.3 your Reviews is accurate, truthful and complete;
10.4.4 your Reviews shall not undermine the integrity of the Platforms’ feedback system, such as leaving positive feedback for yourself using secondary user IDs or through third-parties or by leaving unsubstantiated negative feedback for another user (including a Merchant);
10.4.5 your Reviews does not violate any of our policies (including the T&C), including through libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene content, as determined by us at our sole and absolute discretion;
10.4.6 if you have received monetary compensation or other incentive to write and submit Reviews, it will be clearly and conspicuously stated in the text of your Reviews, even if the amount or value of such incentive is small; and
10.4.7 you will not use the posting or removing of your Reviews to demand payment from any Merchant, except that bona fide refund, returns or exchange requests made in connection with a bad customer experience are acceptable.
11.1 Merchant terms: You hereby acknowledge that the Merchants will have their own applicable terms and conditions in relation to the supply of the Items and/or services, in which you agree to and shall abide by those terms and conditions.
11.2 Accurate information: You warrant and undertake that all information provided for register and/or in relation to the creation of your User Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your User Account.
11.3 Contents on the Platforms and Services: It is your responsibility to ensure that any products, services or information available through the Platforms or the Service meet your specific requirements.
11.4 Restrictions: The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms, you undertake not to use or permit anyone else to use the Services and/or Platforms:
11.4.1 to send or receive any material which is not civil or tasteful;
11.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third-party rights;
11.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
11.4.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
11.4.5 to cause annoyance, inconvenience or needless anxiety;
11.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
11.4.7 for a purpose other than which we have designed them or intended them to be used;
11.4.8 for any fraudulent purpose;
11.4.9 other than in conformance with accepted Internet practices and practices of any connected networks; or
11.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
11.5 Forbidden uses: The following use of the Services and/or the Platforms are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
11.5.1 furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
11.5.2 attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
11.5.3 accessing the Services and/or Platforms in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
11.5.4 executing any form of network monitoring which will intercept data not intended for you;
11.5.5 entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
11.5.6 using the Services or the Platforms (or any relevant functionality of either of them) in breach of the T&C;
11.5.7 unauthorised use, or forging, of mail header information;
11.5.8 engage in any unlawful activity in connection with the use of the Platforms and/or the Services; or
11.5.9 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Platforms and Services.
12.1 If you (or any other third party authorised by you) use the Platforms and/or the Services in contravention of the T&C, we may suspend or terminate your use of the Services or the Platforms (in whole or in part).
12.2 Upon suspension of usage, we may refuse to restore the Services or Platforms until we receive an assurance from you, in the format that we deem acceptable that there will be no further breach of the provisions of the T&C.
12.3 We shall fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone who is in breach of the T&C.
12.4 Without limitation to anything else in this Clause 12, we shall be entitled to immediately or at any time (in whole or in part) to suspend your use of the Services and/or the Platforms for persons we believe to be connected (in whatever manner) to you if:
12.4.1 you commit any breach of the T&C; and/or
12.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of the T&C; and/or
12.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
12.5 Notwithstanding any other provisions hereinafter contained, we may terminate or suspend your use of the Platforms and/or Services at any time.
12.6 Our right of termination and/or suspension herein shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
12.7 Upon termination and/or suspension of your User Account, if you are the Members and meet the Minimum Spend, the entitled corresponding commission in the ONE (1) month prior to the termination and/or suspension of your User Account shall be remitted into your designated bank account on or before the 15th day of next month. If the 15th day is not a Business Day, the Members’ commission payout will be paid into your designated account within the next three (3) Business Days after the 15th day.
13.1 You shall defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Platforms and/or Services or the placement or transmission of any message, information, software or other materials through the Platforms by you or related to any violation of the T&C by you or authorised users of your User Account.
14.1 Representation and Warranties
14.1.1 You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, goods, products, items or services accessed or obtained thereby is at your sole risk and discretion. While JKRS makes reasonable efforts to ensure the provision of the Platforms and the Services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platforms due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
14.2 Limitation of Liability
14.2.1 To the extent permitted by law, JKRS (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with the Platforms, the Services, and any website linked to the Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. JKRS’ entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if JKRS’ entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, JKRS, JKRS’ entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.
14.3 Merchant’s representations
14.3.1 JKRS shall neither be liable for actions or omissions of the Merchants nor you in regard to provision of the Items. JKRS does not assume any liability for the quantity, quality, condition or other representations of the Items and/or services provided by Merchants or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Items) displayed on the Merchant’s listing/offering on the Platforms. Nothing in the T&C shall exclude Merchant’s liability for death or personal injury arising from the Merchant’s gross negligence or willful misconduct.
14.4 Merchant’s Liability
14.4.1 Merchants are responsible for the preparation, condition and quality of the Items. JKRS shall not be liable for any loss or damage arising from your contractual relationship with the Merchant.
15.1 Please refer to our Privacy Policy which forms part of the T&C.
16.1 Where the Platforms contains links to third party Apps or Sites and to resources provided by third parties (hereinafter referred to as “the Third-Party Apps or Sites”), the Third-Party Apps or Sites are merely linked to provide information only and are solely for your convenience. We have no control over and we assume no responsibility for the content of the Third-Party Apps or Sites (including, without limitation, relating to social networking Apps or Sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Apps or Sites linked to the Platforms, you hereby agree to do so entirely at your own risk.
17.1 All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs) whether registered or unregistered in the Platforms and Services, information content on the Platforms or accessed as part of the Services, any database operated by us and all the Platforms’ designs, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the sole and exclusive of our property (or that of our licensors). You shall not, and shall not attempt to obtain any title to any such intellectual property rights. All rights are reserved.
17.2 None of the materials listed in Clause 17.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Platforms on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non- commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify copy or distribute or use for commercial purposes any of the materials or content on the Platforms without our permission.
17.3 All rights (including goodwill and, where relevant, trademarks) in the trade name of JKRS are owned by us (or our licensors). Other product and company names mentioned on the Platforms are the trademarks or registered trademarks of their respective owners.
17.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Services is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The T&C gives you no rights to such content.
17.5 The authors of the literary and artistic works in the pages in the Platforms have asserted their moral rights to be identified as the author of those works.
17.6 Subject to Clause 17.7, any material you transmit or post or submit to the Platforms (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non- proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Platforms or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
17.7 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Services or the Platforms; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
18.1 Interpretation: In the T&C:
18.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
18.1.2 the headings and titles for each clause are purely for ease of reference and do not form part of or affect the interpretation of the T&C; and
18.1.3 references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
18.2 No partnership/agency: Nothing in the T&C shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
18.3 No other terms: Except as expressly stated in the T&C, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
18.4 Assignment: You shall not assign or delegate or otherwise deal with all or any of your rights or obligations under the T&C without our prior written consent. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under the T&C to any person.
18.5 Force majeure: We shall not be liable for any breach of our obligations under the T&C where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
18.6 Entire agreement: The T&C contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to the establishment of formation of contract contemplated herein except as expressly stated in the T&C. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into the T&C (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform the T&C) and that party’s only remedies shall be for breach of contract as provided in the T&C. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Platforms.
18.7 No waiver: No waiver by us of any default of yours under the T&C shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under the the T&C.
18.8 Notices: Unless otherwise stated within the T&C, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) by pre-paid post, to you at the address you supplied to us or to us at our registered office.
18.9 Third party rights: All provisions of the T&C apply equally to and are for the benefit of JKRS, its subsidiaries, any holding companies of JKRS, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that the T&C may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of the T&C is otherwise enforceable pursuant to the relevant local governing laws by any person who is not a party to it.
18.10 Survival: In any event, the provisions of Clauses 13, 14 and 17 of the T&C, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Term or your use of Platforms and/or Services. In the event you use the Platforms or Service again, then the provisions of the Term that then apply will govern your re-use of the Platforms or Service.
18.11 Severability: If any provision of the T&C is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of the T&C shall not be affected.
18.12 Governing law: The T&C (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws. The courts of Malaysia are to have exclusive jurisdiction to settle any disputes which may arise out of or in connection with the T&C.

Should you have further inquiries or concerns regarding the Terms & Conditions, do feel free to contact us via the following email [email protected].

Company Name: JKRS Marketing Sdn. Bhd.
Company Registration Number: 202001011521 (1367941-U)
Email: [email protected]
Contact: +6016-577 7659
Address: No. 10-1F, Lorong Mesra Permai 4, Taman Mesra Permai, Jalan Ong Yi How, 13400, Butterworth

Last Updated : 17 August 2022