Webtek - privacy policy

LAPAR APPS General Vendors Terms and Conditions
1. General Description 1.1Welcome to be onboard of Lapar Apps, including any linked websites and mobile applications (the “Platform”) as one of our many merchants / vendors. The Platform is owned and operated by Webtek Sdn Bhd (“Webtek,” “Lapar Apps”, “Company,” “we,” “our,” or “us”). These General Vendors Terms of Use ("Terms") govern the relationship between Webtek and merchants / vendors ("Vendors" or "you") who offer products and/or services through the Platform. Your compliance with these Terms (in addition to the General Terms of Use) is a condition to your use of the Platform and the Services. By using our Platform or using or applying for a Service, you are agreeing to these Terms and the terms of our Privacy Policy (available via the links on our Platform). These Terms constitute a legal contract between you and Webtek governing your use of the Platform and Services (“Agreement”), to the extent not superseded by the terms and conditions of any contract we enter or entered into with you for Services. 2. Registration and Approval 2.1 Eligibility: To become a Vendor on the Platform, you must create a Vendor account. When creating the account, you will be obliged to provide personal data as described and required during the registration process. You will be responsible for the use of and access through your account, and will be solely responsible for the false statements or inaccurate information provided and the damages caused to Webtek or third parties due to the provided information. You must also have a physical location from which they can prepare and distribute food and beverage products. 2.2 Application: Vendors must submit a complete application including, but not limited to, personal details, company details, business details, address, location information, telephone number, email, trade name, authorised signatory, tax identification number (TIN), proof of licenses, food safety certificates, menu details, and any other information required by Webtek. Webtek reserves the right to approve or reject any application at its sole discretion. Vendors may be subject to an initial inspection and compliance check before approval. 2.3 Onboarding: Upon approval, Vendors will undergo an onboarding process which includes training on how to use the Platform, setting up their online store, uploading menu items, and understanding the terms of service. Vendors will also receive support from the Company to ensure a smooth integration onto the Platform. 3. Vendor Obligations 3.1 Compliance: Vendors are required to comply with all applicable laws, regulations, and standards pertaining to food safety, hygiene, and labeling. Vendors must ensure that their premises, employees, and products meet these standards at all times. Vendors must also ensure that all Goods are of high quality, and their storage, production, and preparation are in compliance with laws, safety regulations, and other relevant regulations. Any violations of such laws or regulations shall be notified by the Vendor to Webtek immediately. Vendors must also comply with Webtek’s policies and guidelines regarding food preparation and delivery. Vendors shall ensure that it shall not sell illegal Goods or any Goods that the Vendors have not been permitted or granted of the license to sell or deliver. In the event that Webtek detects or is notified from any person that there is selling of such goods, you agree that Webtek shall be entitled to perform any actions, including, without limitation, removing such item from the Platform, disabling and/or removing the Vendors from the Platform, and claiming for any damages arising from sale of such goods, against the Vendors. 3.2 Quality and Service: Vendors must provide high-quality products and services to customers. This includes maintaining the freshness and safety of food items, ensuring accurate and truthful descriptions of the Goods and products offered for sale (including using its best effort in maintaining quality and quantity of Goods to conform with the advertisement and/or images displayed on the Platform) and fulfilling orders with reasonable care and within the promised time frame. It is strongly advised that Vendors should have a clear process in place for handling customer complaints and resolving issues promptly. 3.3 Inventory Management: Vendors are responsible for managing their inventory to ensure that all listed items are available for order. In the event of stockouts or discontinued items, Vendors must promptly update their menu on the Platform to reflect the changes and avoid customer dissatisfaction. 3.4 Pricing: Vendors are responsible for setting the prices of their Goods on the Platform. Prices must be the same with the Vendors’ Goods sold at the Vendor’s physical business location, and comply with any applicable pricing regulations. You represent and warranty that the price of all Goods appeared on the Platform is in compliance with regulations on price controls and any related laws, and information, in connection with you, your branch, and/or Goods, advertised on the Platform are accurate and in compliance with the relevant laws and regulations in every respect, and does not infringe any Intellectual Property Rights of any third party. 3.5 Orders: Vendors are obliged to immediately verify and complete the Customer’s order with reasonable care. The Customer’s orders must be completely and duly processed. In addition: 3.5.1 The Vendor agrees to prepare the Goods before delivery partner (or known as “rider”) reaches Vendor, and do any necessary and satisfying acts in order to facilitate a delivery partner to pick up the Goods for delivery to Customer; 3.5.2 The Vendor agrees to immediately prepare Goods after receiving the Customer’s order, and do any necessary and satisfying acts to facilitate Customer in picking up Goods as ordered (in cases of self-pick up orders); 3.5.3 In the event that Vendor, who has prepared Goods in accordance with the conditions specified above and duly completed the Goods order, does not receive payment for the Goods, the Vendor shall be entitled to notify such problem to Webtek in accordance with Webtek’s terms and conditions [within 30 days]. Webtek shall then verify and if it is resolved that the Goods order has not completed without the Vendor’s mistake, for example delivery partner did not deliver Goods to Customers, delivery partner delivered Goods to wrong Customer or Customer canceled the Goods order, Webtek shall compensate the payment to the Vendor in the amount of price of the Order as appeared on the Platform; 3.5.4 In the event Webtek finds or has been notified from Customers concerning the incompletion of Orders or defect of the Goods, the Vendor agrees to exchange the Goods for good quality Goods to Customer. The Vendor shall be solely responsible for the expense that arises from such exchange, including delivery; 3.5.5 In the event that Customer claims for any refund or complaints about Goods, Vendor shall be responsible for any expenses or costs in connection with the refund to the Customer, whether in whole or in part (including, without limitation, any costs associated with such Goods recall (if any)), as approved by Webtek at Webtek’s sole discretion. 3.6 Vendors permits Webtek to perform any acts in connection with placing marketing materials, advertisement of Lapar Apps, Services, and providing information of the Platform at the Vendor’s business location and/or other places of Vendor’s business location (in accordance with the details to be mutually agreed by both parties), without any charge to Webtek. 3.7 The Vendor grants to Webtek and its affiliates to perpetual, worldwide, royalty free, irrevocable, freely sub-licensable, non-exclusive license, and its consent (as required under the applicable data protection laws) to use, modify, translate, compile, copy, or create derivative works of the Vendor’s menu, logos, photographs, Goods price and the Vendor’s details (“Marks”) in relation to any business activity of Webtek and its affiliates, except for public details which Webtek have been entitled to freely use (which is not considered a breach of contract by Webtek). For the avoidance of doubt, such details includes data that appeared on the Platform and other media and social media platforms. 4. Platform Usage 4.1 Account Security: Vendors are responsible for maintaining the confidentiality of their account information, including username and password. Vendors must immediately notify the Company of any unauthorized use of their account. Vendors should regularly update their passwords and use secure methods to protect their account information. 4.2 Content: Vendors must ensure that all content uploaded to the Platform, including menus, descriptions, and images, is accurate, not misleading, and complies with all applicable laws and regulations. The Company reserves the right to review and remove any content at its discretion. Vendors should also keep their content up to date, reflecting any changes in menu items, prices, or business hours. 5. Services, Charges and Payments 5.1 In consideration for the Service Charge, Webtek shall perform the following:- 5.1.1 Providing the Vendor with a Vendor Application of the Lapar Apps, to facilitate the Vendor in selling Goods to Customers; 5.1.2 Perform other matters for or in connection with the abovestated services such as matching orders from Vendors, Customer, and delivery partner, and providing services in relation to self pick-up service; 5.2 The Vendor agrees and accepts that Webtek is only a technology service provider of the Lapar Apps and Webtek is a service provider of the Platform to connect Vendors with delivery partner. As a platform service provider, Webtek is not obliged to process, prepare, and deliver Goods. Additionally, Webtek does not involve in contracts, terms and conditions, or any rights and duties between Customer and Vendor. In the event that there are damages and/or any claims arising from the Vendor’s fault, Webtek shall have no involvement in or responsibility for any damages resulting from such incidents, unless specified otherwise in these Terms. 5.3 Webtek shall ensure that the Orders placed by Customer via the Platform is duly communicated / channeled to the Vendor. 5.4 Webtek has the exclusive right to demand and collect payment from Customer for each Goods order via the Platform. Vendor acknowledges and agrees that Customers may make a payment for the Goods by cash, credit card, debit card, money transfer to bank account, internet banking, online payment, or other prepaid or postpaid methods, which may be made available on the Platform at Webtek’s sole discretion. 5.5 In the event that that Webtek provides pre-paid payment to facilitate Customer in purchasing Goods and/or making Orders, Vendor acknowledges and agrees that Webtek shall be entitled to any interest and/or benefits arising out of Customer’s pre-paid payment (if any) in accordance with the terms and conditions of each payment method provided by Webtek, at its sole discretion, from time to time. 5.6 Webtek shall disburse to Vendor the sum of payment for Goods and/or Orders received by Vendor (including any SST collected on behalf of Vendor), after deducting the applicable Service Charge and/or Webtek Marketing Service Fee on the Platform (including SST) that must be paid to Webtek, and deducting any refunds to Customer and Vendor’s outstanding debts (such final remitted amount being defined as “Vendor Income“). Webtek shall make a payment of such Vendor Income on a daily basis or more frequently, as decided from time to time by Webtek’s decision, but, in any event, not later than 7 business days from the date of the Order’s receipt. Payment cycles and methods will be communicated to Vendors upon approval. Vendors must provide accurate banking information for timely disbursements. 5.7 Webtek shall facilitate Vendor to manage Customers service and complaint of Customers and deliver the related information to Vendor for dealing with the Customer’s complaints. Vendors should have a clear policy for resolving disputes and processing refunds. 6. Ownership and Rights 6.1 The Platform is protected by copyright and trademark laws and other applicable intellectual property laws, and together with any material made available for download, any content, files, code, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorised or approved, in writing, by Webtek. We and/or our licensors are the owner of these rights, title and interest in and to their applicable contributions to this Platform. You may not frame or utilize framing techniques to enclose, or deep link to, our names, trademarks, service marks, logos, Content or other proprietary information without our express written consent. You are authorised solely to view and retain a copy of the pages of the Platform for your own personal, non-commercial use. Additionally, you agree that you will not (i) remove or alter trademark or other proprietary notice or legend displayed on the Platform (or printed pages produced from the Platform); and (ii) make any other modifications to any documents obtained from the Platform other than in connection with completing information required to transact business with Webtek. 6.2 Likewise, you accept that the content included in advertisements of sponsors or advertisers or information published through the Platform, brands, logos, photos or advertisements are protected by copyright, trademarks, service marks, patents and other rights and property laws. Except as expressly authorised by us or its customers, you commit not to modify, rent, lease, loan, sell, distribute or create works based on the content or the software, partially or totally. 6.3 If you decide to make use of any Service or tool available on the Platform that allows you to publish any information or content on the app, you commit and is bound to use the Platform tools in accordance with the applicable laws, the moral, good customs, public order and the contents of this terms of use. 6.4 Webtek respects the intellectual property rights of third parties, so its users are bound to respect them as well. All content published on or using the Platform by you must comply with all copyright laws and other intellectual property laws. The unauthorised use of trademarks is not the responsibility of Webtek. 6.4 We do not claim intellectual property rights over the material you provide to the Platform. As for you and Webtek, your profile and the uploaded materials remain your property, however, when sharing the pages, apps, databases, scripts or other resources, you accept that others see and share their content in accordance with the policies of Webtek. We are not responsible for the use of your content by other users. For the sole purpose of granting you usage of the Platform, you know and agree that we will need to access, upload and/or copy your content to our Platform or platforms, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our Services, as we deem fit. 6.5 We do not preselect the Content and is not responsible for your content submitted on or using the Platform. However, Webtek is the sole and exclusive owner of all ownership rights and titles in the Service, as well as the name, brand and logo of Webtek and/or Lapar Apps. Your use of the Platform does not confer property rights or other rights to you, as the Vendor. 6.6 You agree that you will not modify, adapt, copy the Service or the Platform or modify any other website to falsely imply that you are associated with the Service and/or Lapar App. 7. Consent to be Contacted 7.1 By submitting your contact information to us, you are expressly consenting to be contacted by us by telephone, messages, push-notifications, email or postal mail. 7.2 We may contact you for, including without limitation, for matters related to your account, subscription, enquiries, support, promotions, trainings, marketing, announcements, quality and improvement purposes, feedbacks, complaints investigations. 7.3 By submitting your contact information, registering for an account on the Platform or subscribing for a Service, you are consenting to be contacted by us by written notices, email messages, text messages, or telephone, at any email address or mailing address we have for you in our records and, in connection with any such telephone calls, you consent to the use prerecorded/artificial voice messages and/or automatic dialing devices, at any telephone number associated with your account, including mobile telephone numbers that could result in charges to you for matters related to your subscription. 7.4 You hereby further consent that we may utilise third party service and other providers for the purposes of contacting you on our behalf in accordance with these terms of use. 8. Privacy Policy and Notice In the course of you using this Platform, we may collect and use information about you in accordance with our Privacy Policy. Our Privacy Policy is available via the links on our Platform, and shall form a part of these Terms. 9. Permission of Use Your permission to use the Platform is personal to you and/or your establishment and non-transferable, and you may not use the Platform for illegal purposes. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Platform except as otherwise expressly provided in these terms of use or as specifically authorised in a separate written agreement. Your use of the Platform and all related products and services is conditional on your compliance with the rules of conduct set forth in these terms of use and you agree that you shall not:- 9.1 use the Services for any fraudulent or unlawful purpose; 9.2 use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights, rights of publicity or intellectual property rights; 9.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services; or express or imply that we endorse any statement you make; 9.4 interfere with or disrupt the operation of the Services or the services or networks used to make the Services available; or violate any requirements, procedures, policies or regulations of such networks; 9.5 transmit or otherwise make available in connection with the Services any virus, worm, or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment; 9.6 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services; 9.7 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Platform. If you wish to reverse engineer any part of the Platform to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information; 9.8 remove any copyright, trademark or other proprietary rights notice from the Platform or materials originating from the Platform; 9.9 frame or mirror any part of the Platform without our express prior written consent; 9.10 create a database by systematically downloading and storing Platform content; 9.11 use any manual or automatic device in any way to gather Platform content or reproduce or circumvent the navigational structure or presentation of the Platform without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances; 9.12 create links that are unfair and illegal and or presented in a way that is misleading or could suggest any type of association, approval or endorsement by us which does not exist; 9.13 reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any part of the content or Services in the Platform, use of the services, or access to the services; and 9.14 modify the content in any way or to use modified versions thereof, including without limitation, obtaining unauthorized access to the services and restricted contents of the Platform. 10. Vendor Representation, Warranties and Indemnities You are solely responsible for the information uploaded or submitted on the Platform and/or the manner with which you have used the Platform. We do not endorse and have no control over the information. For the avoidance of doubt, any use from your registered account or password shall be deemed to be use and thereby, publication or republication by you, wherever applicable, within the meaning and intent of section 114A of the Evidence Act 1950. You agree to indemnify and hold us, our affiliates, employees and agents harmless from any claim or demand made by any third party, whether actual or alleged that arise out in connection with your use of the Platform, your violation of any terms and conditions of the terms of use, and/or arising out of in connection with the information uploaded or submitted by you on the Platform. In addition, by using the Platform and the Services, you represent, warrant and/or undertake that:- 10.1 you have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old; 10.2 all the information which you provide shall be true and accurate; 10.3 you will only use the Platform, Service for their intended and lawful purposes; 10.4 you will keep your account password or any identification we provide you which allows access to the Service secure and confidential; 10.5 you agree to notify us immediately of any unauthorised use of your account or any other breach of security; 10.6 you will not try to interrupt or harm the Service, Platform and/or Webtek’s goodwill in any way; 10.7 you will not attempt to commercially exploit any part of the Service, Platform and/or the app without our permission, including without limitation modify any of the Service, Platform and/or the app content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose unless specifically authorised hereto through your subscription of the Service without our permission; 10.8 you will not authorise others to use your identity or Vendor status, and you may not assign or otherwise transfer your user account to any other person or entity; 10.9 you will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require; 10.10 you will not use the Service, Platform and/or the app for sending or storing any unlawful material or for fraudulent purposes; 10.11 you will not use the Service, Platform and/or the app to cause nuisance or behave in an inappropriate or disrespectful manner towards us or any third party; 10.12 when using the Service, Platform and/or the app, you agree to comply with all laws applicable to you and/or your use of the Service, Platform and/or the app; 10.13 you will not copy, or distribute the contents of the Service and the Platform or other content without written permission from us; 10.14 you will provide accurate, current and complete information as required for the Service and your usage of the Platform and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of your subscription. You agree that we may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, we have the right but not the obligation to terminate this agreement and your use of the Platform and the Services at any time with or without notice; 10.15 you will only use an access point or data account which you are authorised to use; 10.16 you agree that the Service is provided on a reasonable effort basis; 10.17 you agree that your use of the Service will be subject to Lapar App’s Privacy Policy and Notice; 10.18 you agree to assist us with any internal or external investigations as may be required by us in complying with any prevailing laws or regulations in place; 10.19 you agree to assume full responsibility and liability for all loss or damage suffered by yourself, us or any other party as a result of your breach of this Agreement; 10.20 you will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud us or to disrupt the natural functions of the Service and the Platform; 10.21 you confirm that you are authorised to provide us with your personal information to enhance your use of the Service and the Platform. 10.22 you shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service and the Platform, or any other customer of Webtek, including without limitation any user account not owned by you, to its source, or exploit the Service and the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Platform; 10.23 you are aware that when responding to calls made through the Platform, standard telecommunication charges may apply which shall be solely borne by you; 10.24 if you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement; 10.25 you are strictly forbidden to use the Service and the Platform for other purposes such as but not limited to data mining of Webtek information or information related to the Platform or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and we reserve the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service and/or the Platform other than for the purpose for which it is intended to be used; 10.26 you will not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Webtek and/or Lapar App and/or variations and misspellings thereof; 10.27 you are not to falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Lapar App or any third party endorses you, your app, your business, your app platform, or any statement you make; 10.28 you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Lapar App Services or Lapar App’s systems or networks connected to the Lapar App Services, or otherwise interfere with or disrupt the operation of any of the Lapar App Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; 10.29 you will not use any of the Lapar App Services and/or the Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising; 10.30 you will not violate, attempt to violate, or otherwise fail to comply with any of the terms of use or any laws or requirements applicable to your use of the Lapar App Services; 10.31 you will not access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service; 10.32 you are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding your Goods, and shall provide true contact information on your app for any questions, complaints or claims. You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your account and/or any Services provided to you, with or without further notice to you, and without any refund of amounts paid on account of any such Services. Among others, you must not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws. Failure to abide by any of these rules may result in a cancellation, termination and/or suspension of your account and stop providing you with any services. 11. Linking 11.1 The Platform may provide links to other websites, platforms, channels and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites, platforms, channels and resources is solely at your own risk. 11.2 Webtek reserves the right to channel your Vendor’s listings and/or Goods sold to other platforms owned and operated by external sites or platform operators to enhance user experience to its users and/or the customers. 12. Termination 12.1 Voluntary Termination: Vendors may terminate their participation on the Platform at any time by providing written notice to the Company. The termination will be effective within 30 days of receipt of the notice. Vendors must fulfill any outstanding orders and settle any pending dues before termination. 12.2 Involuntary Termination: The Company reserves the right to immediately terminate a Vendor's participation on the Platform for any reason, including but not limited to, violation of these Terms, provision of substandard products or services, or non-compliance with applicable laws and regulations. The Company will provide notice to the Vendor prior to termination. Any information and/or content (if any) uploaded, submitted and/or posted by you are not necessarily pre-screened or reviewed by us for its appropriateness, reliability and or compliance with any laws, and we do not at any time assume such responsibility. We thus make no representation or warranty of any kind, express or implied as to the content uploaded or submitted by you. Regardless, without assuming any obligation to do so, we may with or without notice and without liability delete any Content, suspend or delete any account that in our sole judgment violates any of the term of use herein. If you become aware of any misuse of our Services by other Users and/or Vendors, please contact us by sending an e-mail to: contact@webtek.my. 13. Disclaimer of Warranty and Limitation of Liability 13.1 Webtek shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with these Terms, the use of the Platform, or the products and services provided by the Vendor. 13.2 Webtek make no representations or warranties of any kind as to the accuracy, profitability, timeliness, performance, completeness or suitability of the information and materials found or offered on the Platform for any particular purpose, and to the fullest extent permissible by the applicable laws, we disclaim all said representations or warranties, express or implied. 13.3 Webtek will use reasonable efforts to ensure that the Platform is available at all times. However, we cannot guarantee that the Platform or any individual function or feature of the Platform will always be available. In particular, the Platform may be unavailable during periods when we are implementing or carrying out essential maintenance on the Platform. The unavailability of the Platform or certain content on the Platform may be due to modification, and temporary or permanent discontinuance which we reserve the right to do so, with or without notice. You agree that we shall not be liable to you or to any third party for any unavailability, modification, Force Majeure events or discontinuance of any content. Webtek shall not be considered in breach of or in default under this Agreement on account of, and shall not be liable to you for, any delay or failure to perform our obligations hereunder by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party’s reasonable control (each a Force Majeure Event). 13.3 Webtek shall not be responsible for any impaired Orders and/or Goods, including, without limitation, damaged Goods, broken Goods, insect-infested Goods, spoiled Goods, and Goods with bad smell. 13.4 To the extent permitted by law, Webtek (including its employees, directors, agents, representatives, affiliates and parent company) exclude any and 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 our Platform, our services, and any website linked to our Platform and any content or material posted on it. Your exclusive remedy with respect to your use of the Platform is to discontinue your use of the Platform. Webtek and its 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 Platform or for any other claim related in any way to your use of the Platform. 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 Webtek and its 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. 14. Entire Agreement 14.1 These Terms, Vendor Contract (if any) and any amendments (if any) shall supersede any previous agreements, correspondences, negotiations, representations, and expressions of any intention in connection with the subject matter hereof, whether in writing or orally, between Webtek and the Vendors. 14.2 In the event that any terms and conditions specified in Vendor Contract conflict with these Terms, the terms and conditions of Vendor Contract shall prevail. 14.3 Unless agreed in writing by Webtek, any terms and conditions of the Vendors with the customers (i.e. any person using the Platform for ordering Goods from the Vendor) that are in connection with the Goods are not considered a part of Vendor Contract and/or these Terms. 15. Indemnity 15.1 Each Party (either Webtek or Vendor) (“Indemnifying Party“) shall protect, indemnify and hold harmless the other Party, its Affiliates, directors, officers, and agents (“Indemnified Party“) from and against any claims, damages, or expenses (including reasonable solicitors’ fee) (collectively referred to as “damages“) arising in connection with (a) the negligence or willful misconduct of the Indemnifying Party, its employee and/or agent in their performance of the Vendor Contract (if any) and/or these Terms, (b) any claims in connection with the breach of terms and conditions, contract, representations and warranties in the Vendor Contract (if any) and/or these Terms, by the Indemnifying Party, (c) any claims that the Marks of the Indemnifying Party infringes the intellectual property rights of any third party (in case that the usage of such Marks is approved by the Indemnifying Party), and (d) any breach and/or non-compliance with laws, including data protection laws, by the Indemnifying Party, and its employee and/or agent. 15.2 Vendor shall indemnify, defend and hold harmless Webtek from and against any and all loss of a third party arising from or in connection with the Vendor’s violation or alleged violation of laws and regulations in respect of consumer protection regulations, sale of food, beverage, and other products, or regulations in respect of health and safety, unless such loss is directly incurred by the gross negligence or willful misconduct of Webtek and/or its employees. 15.3 Notwithstanding the provision under the Vendor Contract (if any) and/or these Terms, the Parties agree that neither Party shall be liable to the other Party for any loss of income, goodwill, business opportunity, income expectation, or any indirect or consequential loss and damage, suffered by either Party. 16. Confidentiality 16.1 This Agreement creates a confidential relationship between Webtek and Vendor and both parties hereby warrant that both will adhere fully to this confidential relationship. 16.2 You and Webtek hereby agree and warrant that during your period of your usage of the Platform and/or the Services and thereafter, unless agreed to in writing, to keep in strictest confidence, and not to disclose or use for its own respective benefit or for the benefit of any third party (except as may be required for the performance of this Agreement or as may be required or compelled by law), any information, documents, or materials that are reasonably considered confidential regarding each other’s products, business, customers, clients, suppliers, or methods of operation; provided, however, that such obligation of confidentiality will not extend to anything in the public domain or that was in the possession of either party prior to disclosure. You hereby agree and warrant to take reasonable precautions to safeguard the property of Webtek entrusted to you, but in the absence of negligence or willful disregard, neither Webtek nor you shall be held responsible for any loss or damage. 16.3 You hereby consent to Webtek’s usage of your order information and/or statistics for Webtek’s research, development, marketing & advertisement purposes via any media, unless specifically disagreed by you in writing. 16.4 The obligations of the Parties under this part shall survive termination of this Agreement. 17. Relationship These terms of use, and your use of the Platform and the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Webtek and you. 18. Assignment Webtek may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Platform and the Services to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Webtek. Any attempted or actual assignment thereof without our prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎shall not in itself grant either us or you the right to cancel any Services or third party services then in effect. 19. Severability & Non-Waiver 19.1 If any term in these Terms is or becomes invalid, illegal or unenforceable in any respect under the applicable laws, the validity, legality and enforceability of other terms shall not be affected or impaired in any way. 19.2 Failure or delay by a Party to exercise any right, including the indemnification right, under the Vendor Contract (if any) and/or these Terms or the governing law, shall not constitute a waiver by, or estoppel of, such Party’s right or indemnification right, and shall not preclude the exercise of any right, rights to be indemnified from such Party. 20. Amendment Webtek reserves its right to amend, change, add, and remove any part of these General Vendor Terms and Conditions in accordance with business reason and necessity of Webtek at Webtek’s sole discretion. Webtek shall notify Vendors of the amendment within a reasonable period, by the method determined by Webtek (including email and/or the Platform). However, you agree that you are obliged to monitor and examine the amendment details of Terms. 21. Governing Law These terms of use shall be governed by and construed in accordance with the laws of Malaysia and parties irrevocably submit to the jurisdiction of the courts of Malaysia to hear and determine any dispute or differences out of and/or in connection to these terms of use.

LAPAR APPS General Vendors Terms and Conditions

1. General Description

1.1Welcome to be onboard of Lapar Apps, including any linked websites and mobile applications (the “Platform”) as one of our many merchants / vendors. The Platform is owned and operated by Webtek Sdn Bhd (“Webtek,” “Lapar Apps”, “Company,” “we,” “our,” or “us”). These General Vendors Terms of Use ("Terms") govern the relationship between Webtek and merchants / vendors ("Vendors" or "you") who offer products and/or services through the Platform. Your compliance with these Terms (in addition to the General Terms of Use) is a condition to your use of the Platform and the Services. By using our Platform or using or applying for a Service, you are agreeing to these Terms and the terms of our Privacy Policy (available via the links on our Platform). These Terms constitute a legal contract between you and Webtek governing your use of the Platform and Services (“Agreement”), to the extent not superseded by the terms and conditions of any contract we enter or entered into with you for Services.

2. Registration and Approval

2.1 Eligibility: To become a Vendor on the Platform, you must create a Vendor account. When creating the account, you will be obliged to provide personal data as described and required during the registration process. You will be responsible for the use of and access through your account, and will be solely responsible for the false statements or inaccurate information provided and the damages caused to Webtek or third parties due to the provided information. You must also have a physical location from which they can prepare and distribute food and beverage products.

2.2 Application: Vendors must submit a complete application including, but not limited to, personal details, company details, business details, address, location information, telephone number, email, trade name, authorised signatory, tax identification number (TIN), proof of licenses, food safety certificates, menu details, and any other information required by Webtek. Webtek reserves the right to approve or reject any application at its sole discretion. Vendors may be subject to an initial inspection and compliance check before approval.

2.3 Onboarding: Upon approval, Vendors will undergo an onboarding process which includes training on how to use the Platform, setting up their online store, uploading menu items, and understanding the terms of service. Vendors will also receive support from the Company to ensure a smooth integration onto the Platform.

3. Vendor Obligations

3.1 Compliance: Vendors are required to comply with all applicable laws, regulations, and standards pertaining to food safety, hygiene, and labeling. Vendors must ensure that their premises, employees, and products meet these standards at all times. Vendors must also ensure that all Goods are of high quality, and their storage, production, and preparation are in compliance with laws, safety regulations, and other relevant regulations. Any violations of such laws or regulations shall be notified by the Vendor to Webtek immediately. Vendors must also comply with Webtek’s policies and guidelines regarding food preparation and delivery. Vendors shall ensure that it shall not sell illegal Goods or any Goods that the Vendors have not been permitted or granted of the license to sell or deliver. In the event that Webtek detects or is notified from any person that there is selling of such goods, you agree that Webtek shall be entitled to perform any actions, including, without limitation, removing such item from the Platform, disabling and/or removing the Vendors from the Platform, and claiming for any damages arising from sale of such goods, against the Vendors.

3.2 Quality and Service: Vendors must provide high-quality products and services to customers. This includes maintaining the freshness and safety of food items, ensuring accurate and truthful descriptions of the Goods and products offered for sale (including using its best effort in maintaining quality and quantity of Goods to conform with the advertisement and/or images displayed on the Platform) and fulfilling orders with reasonable care and within the promised time frame. It is strongly advised that Vendors should have a clear process in place for handling customer complaints and resolving issues promptly.

3.3 Inventory Management: Vendors are responsible for managing their inventory to ensure that all listed items are available for order. In the event of stockouts or discontinued items, Vendors must promptly update their menu on the Platform to reflect the changes and avoid customer dissatisfaction.

3.4 Pricing: Vendors are responsible for setting the prices of their Goods on the Platform. Prices must be the same with the Vendors’ Goods sold at the Vendor’s physical business location, and comply with any applicable pricing regulations. You represent and warranty that the price of all Goods appeared on the Platform is in compliance with regulations on price controls and any related laws, and information, in connection with you, your branch, and/or Goods, advertised on the Platform are accurate and in compliance with the relevant laws and regulations in every respect, and does not infringe any Intellectual Property Rights of any third party.

3.5 Orders: Vendors are obliged to immediately verify and complete the Customer’s order with reasonable care. The Customer’s orders must be completely and duly processed. In addition:

3.5.1 The Vendor agrees to prepare the Goods before delivery partner (or known as “rider”) reaches Vendor, and do any necessary and satisfying acts in order to facilitate a delivery partner to pick up the Goods for delivery to Customer;

3.5.2 The Vendor agrees to immediately prepare Goods after receiving the Customer’s order, and do any necessary and satisfying acts to facilitate Customer in picking up Goods as ordered (in cases of self-pick up orders);

3.5.3 In the event that Vendor, who has prepared Goods in accordance with the conditions specified above and duly completed the Goods order, does not receive payment for the Goods, the Vendor shall be entitled to notify such problem to Webtek in accordance with Webtek’s terms and conditions [within 30 days]. Webtek shall then verify and if it is resolved that the Goods order has not completed without the Vendor’s mistake, for example delivery partner did not deliver Goods to Customers, delivery partner delivered Goods to wrong Customer or Customer canceled the Goods order, Webtek shall compensate the payment to the Vendor in the amount of price of the Order as appeared on the Platform;

3.5.4 In the event Webtek finds or has been notified from Customers concerning the incompletion of Orders or defect of the Goods, the Vendor agrees to exchange the Goods for good quality Goods to Customer. The Vendor shall be solely responsible for the expense that arises from such exchange, including delivery;

3.5.5 In the event that Customer claims for any refund or complaints about Goods, Vendor shall be responsible for any expenses or costs in connection with the refund to the Customer, whether in whole or in part (including, without limitation, any costs associated with such Goods recall (if any)), as approved by Webtek at Webtek’s sole discretion.

3.6 Vendors permits Webtek to perform any acts in connection with placing marketing materials, advertisement of Lapar Apps, Services, and providing information of the Platform at the Vendor’s business location and/or other places of Vendor’s business location (in accordance with the details to be mutually agreed by both parties), without any charge to Webtek.

3.7 The Vendor grants to Webtek and its affiliates to perpetual, worldwide, royalty free, irrevocable, freely sub-licensable, non-exclusive license, and its consent (as required under the applicable data protection laws) to use, modify, translate, compile, copy, or create derivative works of the Vendor’s menu, logos, photographs, Goods price and the Vendor’s details (“Marks”) in relation to any business activity of Webtek and its affiliates, except for public details which Webtek have been entitled to freely use (which is not considered a breach of contract by Webtek). For the avoidance of doubt, such details includes data that appeared on the Platform and other media and social media platforms.

4. Platform Usage

4.1 Account Security: Vendors are responsible for maintaining the confidentiality of their account information, including username and password. Vendors must immediately notify the Company of any unauthorized use of their account. Vendors should regularly update their passwords and use secure methods to protect their account information.

4.2 Content: Vendors must ensure that all content uploaded to the Platform, including menus, descriptions, and images, is accurate, not misleading, and complies with all applicable laws and regulations. The Company reserves the right to review and remove any content at its discretion. Vendors should also keep their content up to date, reflecting any changes in menu items, prices, or business hours.

5. Services, Charges and Payments

5.1 In consideration for the Service Charge, Webtek shall perform the following:-

5.1.1 Providing the Vendor with a Vendor Application of the Lapar Apps, to facilitate the Vendor in selling Goods to Customers;

5.1.2 Perform other matters for or in connection with the abovestated services such as matching orders from Vendors, Customer, and delivery partner, and providing services in relation to self pick-up service;

5.2 The Vendor agrees and accepts that Webtek is only a technology service provider of the Lapar Apps and Webtek is a service provider of the Platform to connect Vendors with delivery partner. As a platform service provider, Webtek is not obliged to process, prepare, and deliver Goods. Additionally, Webtek does not involve in contracts, terms and conditions, or any rights and duties between Customer and Vendor. In the event that there are damages and/or any claims arising from the Vendor’s fault, Webtek shall have no involvement in or responsibility for any damages resulting from such incidents, unless specified otherwise in these Terms.

5.3 Webtek shall ensure that the Orders placed by Customer via the Platform is duly communicated / channeled to the Vendor.

5.4 Webtek has the exclusive right to demand and collect payment from Customer for each Goods order via the Platform. Vendor acknowledges and agrees that Customers may make a payment for the Goods by cash, credit card, debit card, money transfer to bank account, internet banking, online payment, or other prepaid or postpaid methods, which may be made available on the Platform at Webtek’s sole discretion.

5.5 In the event that that Webtek provides pre-paid payment to facilitate Customer in purchasing Goods and/or making Orders, Vendor acknowledges and agrees that Webtek shall be entitled to any interest and/or benefits arising out of Customer’s pre-paid payment (if any) in accordance with the terms and conditions of each payment method provided by Webtek, at its sole discretion, from time to time.

5.6 Webtek shall disburse to Vendor the sum of payment for Goods and/or Orders received by Vendor (including any SST collected on behalf of Vendor), after deducting the applicable Service Charge and/or Webtek Marketing Service Fee on the Platform (including SST) that must be paid to Webtek, and deducting any refunds to Customer and Vendor’s outstanding debts (such final remitted amount being defined as “Vendor Income“). Webtek shall make a payment of such Vendor Income on a daily basis or more frequently, as decided from time to time by Webtek’s decision, but, in any event, not later than 7 business days from the date of the Order’s receipt. Payment cycles and methods will be communicated to Vendors upon approval. Vendors must provide accurate banking information for timely disbursements.

5.7 Webtek shall facilitate Vendor to manage Customers service and complaint of Customers and deliver the related information to Vendor for dealing with the Customer’s complaints. Vendors should have a clear policy for resolving disputes and processing refunds.

6. Ownership and Rights

6.1 The Platform is protected by copyright and trademark laws and other applicable intellectual property laws, and together with any material made available for download, any content, files, code, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorised or approved, in writing, by Webtek. We and/or our licensors are the owner of these rights, title and interest in and to their applicable contributions to this Platform. You may not frame or utilize framing techniques to enclose, or deep link to, our names, trademarks, service marks, logos, Content or other proprietary information without our express written consent. You are authorised solely to view and retain a copy of the pages of the Platform for your own personal, non-commercial use. Additionally, you agree that you will not (i) remove or alter trademark or other proprietary notice or legend displayed on the Platform (or printed pages produced from the Platform); and (ii) make any other modifications to any documents obtained from the Platform other than in connection with completing information required to transact business with Webtek.

6.2 Likewise, you accept that the content included in advertisements of sponsors or advertisers or information published through the Platform, brands, logos, photos or advertisements are protected by copyright, trademarks, service marks, patents and other rights and property laws. Except as expressly authorised by us or its customers, you commit not to modify, rent, lease, loan, sell, distribute or create works based on the content or the software, partially or totally.

6.3 If you decide to make use of any Service or tool available on the Platform that allows you to publish any information or content on the app, you commit and is bound to use the Platform tools in accordance with the applicable laws, the moral, good customs, public order and the contents of this terms of use.

6.4 Webtek respects the intellectual property rights of third parties, so its users are bound to respect them as well. All content published on or using the Platform by you must comply with all copyright laws and other intellectual property laws. The unauthorised use of trademarks is not the responsibility of Webtek.

6.4 We do not claim intellectual property rights over the material you provide to the Platform. As for you and Webtek, your profile and the uploaded materials remain your property, however, when sharing the pages, apps, databases, scripts or other resources, you accept that others see and share their content in accordance with the policies of Webtek. We are not responsible for the use of your content by other users. For the sole purpose of granting you usage of the Platform, you know and agree that we will need to access, upload and/or copy your content to our Platform or platforms, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our Services, as we deem fit.

6.5 We do not preselect the Content and is not responsible for your content submitted on or using the Platform. However, Webtek is the sole and exclusive owner of all ownership rights and titles in the Service, as well as the name, brand and logo of Webtek and/or Lapar Apps. Your use of the Platform does not confer property rights or other rights to you, as the Vendor.

6.6 You agree that you will not modify, adapt, copy the Service or the Platform or modify any other website to falsely imply that you are associated with the Service and/or Lapar App.

7. Consent to be Contacted

7.1 By submitting your contact information to us, you are expressly consenting to be contacted by us by telephone, messages, push-notifications, email or postal mail.

7.2 We may contact you for, including without limitation, for matters related to your account, subscription, enquiries, support, promotions, trainings, marketing, announcements, quality and improvement purposes, feedbacks, complaints investigations.

7.3 By submitting your contact information, registering for an account on the Platform or subscribing for a Service, you are consenting to be contacted by us by written notices, email messages, text messages, or telephone, at any email address or mailing address we have for you in our records and, in connection with any such telephone calls, you consent to the use prerecorded/artificial voice messages and/or automatic dialing devices, at any telephone number associated with your account, including mobile telephone numbers that could result in charges to you for matters related to your subscription.

7.4 You hereby further consent that we may utilise third party service and other providers for the purposes of contacting you on our behalf in accordance with these terms of use.

8. Privacy Policy and Notice

In the course of you using this Platform, we may collect and use information about you in accordance with our Privacy Policy. Our Privacy Policy is available via the links on our Platform, and shall form a part of these Terms.

9. Permission of Use

Your permission to use the Platform is personal to you and/or your establishment and non-transferable, and you may not use the Platform for illegal purposes. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Platform except as otherwise expressly provided in these terms of use or as specifically authorised in a separate written agreement. Your use of the Platform and all related products and services is conditional on your compliance with the rules of conduct set forth in these terms of use and you agree that you shall not:-

9.1 use the Services for any fraudulent or unlawful purpose;

9.2 use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights, rights of publicity or intellectual property rights;

9.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services; or express or imply that we endorse any statement you make;

9.4 interfere with or disrupt the operation of the Services or the services or networks used to make the Services available; or violate any requirements, procedures, policies or regulations of such networks;

9.5 transmit or otherwise make available in connection with the Services any virus, worm, or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment;

9.6 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;

9.7 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Platform. If you wish to reverse engineer any part of the Platform to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;

9.8 remove any copyright, trademark or other proprietary rights notice from the Platform or materials originating from the Platform;

9.9 frame or mirror any part of the Platform without our express prior written consent;

9.10 create a database by systematically downloading and storing Platform content;

9.11 use any manual or automatic device in any way to gather Platform content or reproduce or circumvent the navigational structure or presentation of the Platform without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances;

9.12 create links that are unfair and illegal and or presented in a way that is misleading or could suggest any type of association, approval or endorsement by us which does not exist;

9.13 reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any part of the content or Services in the Platform, use of the services, or access to the services; and

9.14 modify the content in any way or to use modified versions thereof, including without limitation, obtaining unauthorized access to the services and restricted contents of the Platform.

10. Vendor Representation, Warranties and Indemnities

You are solely responsible for the information uploaded or submitted on the Platform and/or the manner with which you have used the Platform. We do not endorse and have no control over the information. For the avoidance of doubt, any use from your registered account or password shall be deemed to be use and thereby, publication or republication by you, wherever applicable, within the meaning and intent of section 114A of the Evidence Act 1950. You agree to indemnify and hold us, our affiliates, employees and agents harmless from any claim or demand made by any third party, whether actual or alleged that arise out in connection with your use of the Platform, your violation of any terms and conditions of the terms of use, and/or arising out of in connection with the information uploaded or submitted by you on the Platform.

In addition, by using the Platform and the Services, you represent, warrant and/or undertake that:-

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

10.2 all the information which you provide shall be true and accurate;

10.3 you will only use the Platform, Service for their intended and lawful purposes;

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

10.5 you agree to notify us immediately of any unauthorised use of your account or any other breach of security;

10.6 you will not try to interrupt or harm the Service, Platform and/or Webtek’s goodwill in any way;

10.7 you will not attempt to commercially exploit any part of the Service, Platform and/or the app without our permission, including without limitation modify any of the Service, Platform and/or the app content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose unless specifically authorised hereto through your subscription of the Service without our permission;

10.8 you will not authorise others to use your identity or Vendor status, and you may not assign or otherwise transfer your user account to any other person or entity;

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

10.10 you will not use the Service, Platform and/or the app for sending or storing any unlawful material or for fraudulent purposes;

10.11 you will not use the Service, Platform and/or the app to cause nuisance or behave in an inappropriate or disrespectful manner towards us or any third party;

10.12 when using the Service, Platform and/or the app, you agree to comply with all laws applicable to you and/or your use of the Service, Platform and/or the app;

10.13 you will not copy, or distribute the contents of the Service and the Platform or other content without written permission from us;

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

10.15 you will only use an access point or data account which you are authorised to use;

10.16 you agree that the Service is provided on a reasonable effort basis;

10.17 you agree that your use of the Service will be subject to Lapar App’s Privacy Policy and Notice;

10.18 you agree to assist us with any internal or external investigations as may be required by us in complying with any prevailing laws or regulations in place;

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

10.20 you will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud us or to disrupt the natural functions of the Service and the Platform;

10.21 you confirm that you are authorised to provide us with your personal information to enhance your use of the Service and the Platform.

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

10.23 you are aware that when responding to calls made through the Platform, standard telecommunication charges may apply which shall be solely borne by you;

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

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

10.26 you will not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Webtek and/or Lapar App and/or variations and misspellings thereof;

10.27 you are not to falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Lapar App or any third party endorses you, your app, your business, your app platform, or any statement you make;

10.28 you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Lapar App Services or Lapar App’s systems or networks connected to the Lapar App Services, or otherwise interfere with or disrupt the operation of any of the Lapar App Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

10.29 you will not use any of the Lapar App Services and/or the Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;

10.30 you will not violate, attempt to violate, or otherwise fail to comply with any of the terms of use or any laws or requirements applicable to your use of the Lapar App Services;

10.31 you will not access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service;

10.32 you are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding your Goods, and shall provide true contact information on your app for any questions, complaints or claims.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your account and/or any Services provided to you, with or without further notice to you, and without any refund of amounts paid on account of any such Services.

Among others, you must not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.

Failure to abide by any of these rules may result in a cancellation, termination and/or suspension of your account and stop providing you with any services.

11. Linking

11.1 The Platform may provide links to other websites, platforms, channels and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites, platforms, channels and resources is solely at your own risk.

11.2 Webtek reserves the right to channel your Vendor’s listings and/or Goods sold to other platforms owned and operated by external sites or platform operators to enhance user experience to its users and/or the customers.

12. Termination

12.1 Voluntary Termination: Vendors may terminate their participation on the Platform at any time by providing written notice to the Company. The termination will be effective within 30 days of receipt of the notice. Vendors must fulfill any outstanding orders and settle any pending dues before termination.

12.2 Involuntary Termination: The Company reserves the right to immediately terminate a Vendor's participation on the Platform for any reason, including but not limited to, violation of these Terms, provision of substandard products or services, or non-compliance with applicable laws and regulations. The Company will provide notice to the Vendor prior to termination. Any information and/or content (if any) uploaded, submitted and/or posted by you are not necessarily pre-screened or reviewed by us for its appropriateness, reliability and or compliance with any laws, and we do not at any time assume such responsibility. We thus make no representation or warranty of any kind, express or implied as to the content uploaded or submitted by you. Regardless, without assuming any obligation to do so, we may with or without notice and without liability delete any Content, suspend or delete any account that in our sole judgment violates any of the term of use herein. If you become aware of any misuse of our Services by other Users and/or Vendors, please contact us by sending an e-mail to: contact@webtek.my.

13. Disclaimer of Warranty and Limitation of Liability

13.1 Webtek shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with these Terms, the use of the Platform, or the products and services provided by the Vendor.

13.2 Webtek make no representations or warranties of any kind as to the accuracy, profitability, timeliness, performance, completeness or suitability of the information and materials found or offered on the Platform for any particular purpose, and to the fullest extent permissible by the applicable laws, we disclaim all said representations or warranties, express or implied.

13.3 Webtek will use reasonable efforts to ensure that the Platform is available at all times. However, we cannot guarantee that the Platform or any individual function or feature of the Platform will always be available. In particular, the Platform may be unavailable during periods when we are implementing or carrying out essential maintenance on the Platform. The unavailability of the Platform or certain content on the Platform may be due to modification, and temporary or permanent discontinuance which we reserve the right to do so, with or without notice. You agree that we shall not be liable to you or to any third party for any unavailability, modification, Force Majeure events or discontinuance of any content. Webtek shall not be considered in breach of or in default under this Agreement on account of, and shall not be liable to you for, any delay or failure to perform our obligations hereunder by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party’s reasonable control (each a Force Majeure Event).

13.3 Webtek shall not be responsible for any impaired Orders and/or Goods, including, without limitation, damaged Goods, broken Goods, insect-infested Goods, spoiled Goods, and Goods with bad smell.

13.4 To the extent permitted by law, Webtek (including its employees, directors, agents, representatives, affiliates and parent company) exclude any and 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 our Platform, our services, and any website linked to our Platform and any content or material posted on it. Your exclusive remedy with respect to your use of the Platform is to discontinue your use of the Platform. Webtek and its 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 Platform or for any other claim related in any way to your use of the Platform. 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 Webtek and its 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.

14. Entire Agreement

14.1 These Terms, Vendor Contract (if any) and any amendments (if any) shall supersede any previous agreements, correspondences, negotiations, representations, and expressions of any intention in connection with the subject matter hereof, whether in writing or orally, between Webtek and the Vendors.

14.2 In the event that any terms and conditions specified in Vendor Contract conflict with these Terms, the terms and conditions of Vendor Contract shall prevail.

14.3 Unless agreed in writing by Webtek, any terms and conditions of the Vendors with the customers (i.e. any person using the Platform for ordering Goods from the Vendor) that are in connection with the Goods are not considered a part of Vendor Contract and/or these Terms.

15. Indemnity

15.1 Each Party (either Webtek or Vendor) (“Indemnifying Party“) shall protect, indemnify and hold harmless the other Party, its Affiliates, directors, officers, and agents (“Indemnified Party“) from and against any claims, damages, or expenses (including reasonable solicitors’ fee) (collectively referred to as “damages“) arising in connection with (a) the negligence or willful misconduct of the Indemnifying Party, its employee and/or agent in their performance of the Vendor Contract (if any) and/or these Terms, (b) any claims in connection with the breach of terms and conditions, contract, representations and warranties in the Vendor Contract (if any) and/or these Terms, by the Indemnifying Party, (c) any claims that the Marks of the Indemnifying Party infringes the intellectual property rights of any third party (in case that the usage of such Marks is approved by the Indemnifying Party), and (d) any breach and/or non-compliance with laws, including data protection laws, by the Indemnifying Party, and its employee and/or agent.

15.2 Vendor shall indemnify, defend and hold harmless Webtek from and against any and all loss of a third party arising from or in connection with the Vendor’s violation or alleged violation of laws and regulations in respect of consumer protection regulations, sale of food, beverage, and other products, or regulations in respect of health and safety, unless such loss is directly incurred by the gross negligence or willful misconduct of Webtek and/or its employees.

15.3 Notwithstanding the provision under the Vendor Contract (if any) and/or these Terms, the Parties agree that neither Party shall be liable to the other Party for any loss of income, goodwill, business opportunity, income expectation, or any indirect or consequential loss and damage, suffered by either Party.

16. Confidentiality

16.1 This Agreement creates a confidential relationship between Webtek and Vendor and both parties hereby warrant that both will adhere fully to this confidential relationship.

16.2 You and Webtek hereby agree and warrant that during your period of your usage of the Platform and/or the Services and thereafter, unless agreed to in writing, to keep in strictest confidence, and not to disclose or use for its own respective benefit or for the benefit of any third party (except as may be required for the performance of this Agreement or as may be required or compelled by law), any information, documents, or materials that are reasonably considered confidential regarding each other’s products, business, customers, clients, suppliers, or methods of operation; provided, however, that such obligation of confidentiality will not extend to anything in the public domain or that was in the possession of either party prior to disclosure. You hereby agree and warrant to take reasonable precautions to safeguard the property of Webtek entrusted to you, but in the absence of negligence or willful disregard, neither Webtek nor you shall be held responsible for any loss or damage.

16.3 You hereby consent to Webtek’s usage of your order information and/or statistics for Webtek’s research, development, marketing & advertisement purposes via any media, unless specifically disagreed by you in writing.

16.4 The obligations of the Parties under this part shall survive termination of this Agreement.

17. Relationship

These terms of use, and your use of the Platform and the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Webtek and you.

18. Assignment

Webtek may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Platform and the Services to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Webtek. Any attempted or actual assignment thereof without our prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎shall not in itself grant either us or you the right to cancel any Services or third party services then in effect.

19. Severability & Non-Waiver

19.1 If any term in these Terms is or becomes invalid, illegal or unenforceable in any respect under the applicable laws, the validity, legality and enforceability of other terms shall not be affected or impaired in any way.

19.2 Failure or delay by a Party to exercise any right, including the indemnification right, under the Vendor Contract (if any) and/or these Terms or the governing law, shall not constitute a waiver by, or estoppel of, such Party’s right or indemnification right, and shall not preclude the exercise of any right, rights to be indemnified from such Party.

20. Amendment

Webtek reserves its right to amend, change, add, and remove any part of these General Vendor Terms and Conditions in accordance with business reason and necessity of Webtek at Webtek’s sole discretion. Webtek shall notify Vendors of the amendment within a reasonable period, by the method determined by Webtek (including email and/or the Platform). However, you agree that you are obliged to monitor and examine the amendment details of Terms.

21. Governing Law

These terms of use shall be governed by and construed in accordance with the laws of Malaysia and parties irrevocably submit to the jurisdiction of the courts of Malaysia to hear and determine any dispute or differences out of and/or in connection to these terms of use.