Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the O2O Commerce platform, its admin portal, storefronts, point-of-sale application, and APIs (together, the “Service”), provided by O2O eCommerce Sdn Bhd (Company No. 202101009872 / 1410171-U), Malaysia (“O2O”, “we”, “us”).

By creating an account, signing in, or otherwise using the Service, you agree to these Terms in their entirety. If you are agreeing on behalf of a company, you confirm you have authority to bind it, and “you” means that company. If you do not agree, do not use the Service.

These Terms incorporate our Privacy Policy by reference.

O2O Commerce is a hosted, multi-tenant ecommerce platform. Subject to these Terms and to payment of the applicable fees, we grant you a non-exclusive, non-transferable, revocable right to use the Service for your own business during your subscription term.

We develop the Service continuously. Features may be added, changed, or retired. Where we retire a feature you materially rely on, we will give reasonable notice through the admin portal or by email.

• You must provide accurate registration details and keep them current.
• You are responsible for all activity under your account, including actions taken by staff members you invite.
• Credentials must not be shared. Each person who needs access should have their own staff account with the least permissions required for their role.
• You must tell us promptly at support@o2o.my if you suspect unauthorised access.
• You must be at least 18 years old and legally able to enter into a contract.

Where you enable Google sign-in for your account, access is granted on the basis of the verified Google email address matching an existing account. Keeping that Google account secure is your responsibility.

• Subscription fees are payable in advance for each billing period and are quoted exclusive of taxes unless stated otherwise. Applicable taxes are added at the prevailing rate.
• Usage-based charges — such as transaction fees, messaging, or additional storage — are billed in arrears for the period in which they were incurred.
• Overdue amounts may attract interest at 1.5% per month (18% per annum) from the due date until paid.
• Fees already paid are non-refundable except where required by law or expressly stated in a written order form. Downgrading mid-period does not produce a refund for the unused portion.
• We may change our prices on 30 days’ notice. Price changes take effect at your next renewal, and you may cancel before then if you do not accept them.
• Payment processing is carried out by third-party gateways under their own terms. Charges those gateways levy on your own store’s transactions are between you and them.

You are solely responsible for the store you operate on the Service — the products you list, the prices and taxes you charge, your descriptions and imagery, your shipping and returns policies, your customer service, and your compliance with every law that applies to your business.

• You must hold all licences and permits your trade requires, and must not sell goods or services you are not lawfully permitted to sell.
• You must publish your own store's privacy notice, terms, and refund policy to your customers.
• You must handle your customers' personal data lawfully. As between you and O2O, you are the data controller for that data and we are your processor.
• You are responsible for calculating, collecting, and remitting the taxes and duties applicable to your sales.
• Chargebacks, disputes, and refunds on your store's sales are yours to resolve.

We are not a party to the contract between you and your customer, and we take no responsibility for the goods or services you sell.

You must not use the Service to store, send, publish, or sell:

• Child sexual abuse material, or any content that sexualises minors.
• Content promoting terrorism, violent extremism, or violence against any person or group.
• Hate speech, harassment, or content that incites discrimination.
• Malware, ransomware, phishing pages, or credential-harvesting tools.
• Counterfeit goods, or anything that infringes another party's intellectual property.
• Controlled substances, weapons, or other goods you are not licensed to sell.
• Unsolicited bulk email, SMS, or messaging, or contact lists obtained without consent.
• Cryptocurrency mining, or any workload that consumes resources disproportionately.

You must not:

• Attempt to access another tenant's data, or probe, scan, or test the security of the Service without our written permission.
• Launch a denial-of-service attack, or otherwise degrade the Service for others.
• Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent that restriction is unenforceable by law.
• Resell, sublicense, or white-label the Service without a written agreement with us.
• Circumvent rate limits, quotas, or usage restrictions.

We may investigate suspected breaches and may remove content or suspend access as described below. Serious breaches may be reported to the authorities.

The Service connects to third-party providers — payment gateways, shipping carriers, marketplaces, messaging platforms, and channels such as Google Merchant Center. When you enable one, you authorise us to exchange the data that integration needs on your behalf.

Those providers operate under their own terms and privacy policies. We do not control them, we do not guarantee their availability, and we are not liable for their acts, omissions, fees, or outages. If a provider changes or withdraws its API, the related feature may change or stop working.

• Ours stays ours. The Service, its software, source code, design, documentation, and the O2O name and marks remain the property of O2O eCommerce Sdn Bhd. Nothing in these Terms transfers ownership of the platform to you.
• Yours stays yours. Your product data, imagery, copy, customer records, brand, and store content remain your property. You grant us a limited licence to host, copy, transmit, and display that content only as needed to operate the Service for you.
• Custom work. Where we build bespoke work for you under a separate order, ownership of the agreed deliverables passes to you on full payment — excluding our pre-existing platform, reusable components, and third-party assets, which remain ours or their owners’.
• Feedback. If you send us suggestions, we may use them freely and without obligation.

We process personal data in accordance with our Privacy Policy and the Malaysian Personal Data Protection Act 2010.

Each tenant’s data is isolated at the database level. We will not access your store data except as needed to operate the Service, to provide support you have asked for, to investigate abuse or a security incident, or where the law requires it.

You may export your data at any time while your subscription is active. On termination, your data is retained for 30 days and then scheduled for deletion. Export before you cancel — we do not guarantee availability after that window.

• We target 99.5% monthly uptime on shared infrastructure and 99.9% on dedicated plans, measured excluding scheduled maintenance and events beyond our reasonable control.
• Scheduled maintenance is announced at least 48 hours in advance where practicable. Emergency security patching may be applied without notice.
• Support runs 10:00–19:00 MYT, Monday to Friday, excluding Malaysian public holidays, at support@o2o.my.
• Where an uptime target is missed, service credits are the sole and exclusive remedy, applied against a future invoice on written request within 30 days of the incident.

You may cancel at any time from the admin portal or by writing to us. Cancellation takes effect at the end of the current billing period; fees already paid are not refunded.

We may suspend or terminate your access:

• Immediately, where you breach the acceptable use section, or where continued access poses a security, legal, or reputational risk.
• On 14 days' written notice, where fees remain unpaid after the due date.
• On 30 days' written notice, where we discontinue the Service or a plan you are on.

We will give notice before suspending for non-payment wherever it is safe and lawful to do so. Sections covering fees already incurred, intellectual property, warranties, liability, indemnity, and governing law survive termination.

We warrant that we will provide the Service with reasonable skill and care. Beyond that, and to the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that it will meet a requirement we have not agreed to in writing. Nothing in these Terms excludes a right you have under Malaysian consumer law that cannot lawfully be excluded.

These limits do not apply to liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or to any other liability that cannot lawfully be limited.

You will indemnify and hold O2O harmless against claims, damages, losses, and reasonable legal costs arising from your use of the Service, the goods or services you sell, your content, your breach of these Terms, or your breach of any law or third-party right. We will notify you promptly of any such claim and give you reasonable co-operation in defending it.

We may update these Terms as the Service or the law changes. The date at the top of this page reflects the current version. Where a change is material, we will give at least 30 days’ notice by email or through the admin portal. Continuing to use the Service after a change takes effect means you accept it; if you do not, you may cancel before that date.

These Terms are governed by the laws of Malaysia. The parties will first attempt to resolve any dispute by good-faith negotiation between senior representatives. Failing that within 30 days, the dispute will be referred to mediation administered by the Asian International Arbitration Centre (AIAC) in Kuala Lumpur.

Where a dispute remains unresolved, the courts of Selangor and Kuala Lumpur, Malaysia have exclusive jurisdiction. Nothing prevents either party from seeking urgent injunctive relief from any court of competent jurisdiction.

If any provision of these Terms is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it.