Terms of Service

Terms of Service

These Terms of Service (“Terms”) apply to your access and use of the OnDeWei platform and services. By using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use the Service.

1. Introduction

1. Please read these Terms of Service carefully. By using the Service as defined in Clause 2, you agree that you have read and understood the terms in these Terms of Service which are applicable to you. The Terms of Service constitute a legally binding agreement between you and OnDeWei while using the Service. Any disagreement or failure to agree to these Terms of Service will bar you from using the Service.
2. OnDeWei may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on the Application or any relevant communication channel. It is your responsibility to check these Terms of Service regularly. Continued use of the Service after such amendments, whether reviewed by you or not, will constitute acceptance of the amended Terms.
3. OnDeWei is an enterprise that provides a food ordering platform for consumers to procure Services provided by Riders through the Application.
4. OnDeWei’s role is merely to link up Consumers with assigned Riders.
5. OnDeWei is not responsible for any acts and/or omissions of any Riders while they are performing the Services or using information related to the Services.
6. Riders must bear all liability in relation to the Services. Riders are not and must not hold themselves out as an agent, employee or staff of OnDeWei; services provided by Riders must be deemed to be provided by the Riders directly.

2. Definitions

3. Representations and Warranties

By accessing the Application and using the Service, you represent, warrant and undertake that:

1. You have legal capacity under Malaysian law to enter into this Agreement and are at least eighteen (18) years old; you cannot enter into this Agreement if you are below eighteen (18) years old.
2. You will provide and maintain true, accurate, current, and complete information for the Service, and OnDeWei may rely on this information. If it is found to be false, inaccurate, misleading, or incomplete, OnDeWei may terminate this Agreement and your access to the Service at any time, with or without notice.
3. You will provide any requested proof of identity or other documents, permits, licenses, or approvals that OnDeWei may reasonably request.
4. Only one (1) account may be registered on a single device, except as otherwise permitted by OnDeWei.
5. You will use the Application, Application Platform, and Service only for their intended and lawful purposes.
6. You will keep your account password or any credentials we provide secure and confidential.
7. You will not authorize others to use your identity or account, and you may not assign or transfer your account to anyone else.
8. You will comply with all applicable laws when using the Application Platform or Service.
9. You agree to notify OnDeWei immediately of any unauthorized access to your account or other security breach.
10. You shall not interfere with, impair, or harm the Service or Platform in any way, including without limitation by:
    • Sending spam or unlawful content.
    • Transmitting harmful software or code.
    • Disrupting the Platform’s integrity or performance.
    • Attempting unauthorized access.
    • Impersonating others or misrepresenting affiliations.
    • Engaging in conduct that damages our reputation.
    • Using automated tools or scripts to overload, disrupt, or bypass the security or functionality of the Platform.
11. You must not commercially exploit any part of the Application without OnDeWei’s permission, including modifying, copying, reproducing, or distributing its content without written approval. Unauthorized actions such as compiling or republishing content for commercial use, mirroring or scraping data, and reverse engineering the Platform are strictly prohibited.
12. You will not use modified devices or applications to evade detection or facilitate fraud or disruption of the Application.
13. You will not use the Application to cause nuisance or behave inappropriately toward OnDeWei or any third party.
14. You will only use access points or data accounts you are authorized to use.
15. The Service is provided on a reasonable effort basis.
16. Your use of the Service is subject to OnDeWei’s Privacy Policy.
17. You agree to assist OnDeWei with any internal or external investigations as required by law.
18. You assume full responsibility and liability for any loss or damage suffered by you, OnDeWei, or any other party resulting from your breach of this Agreement.
19. You agree that OnDeWei may collect your mobile contacts (phone numbers) to enhance your Service experience, and you confirm you are authorized to provide such numbers.
20. You acknowledge that standard telecommunication charges may apply when using the Service or accessing the Application Platform.
21. OnDeWei may consider an account dormant if there has been no transaction for six (6) months and may deactivate or restrict access accordingly.

3.2 Rider Representations and Warranties

1. You hold a valid motorcycle license, road tax, and insurance policies as required by law where you provide the Service.
2. You must ensure your motorcycle license, road tax, and insurance policies remain valid for at least three (3) months before expiration.
3. You must maintain valid documentation while using the Service.
4. You are solely responsible for any and all claims, judgments, and liabilities resulting from accidents, loss, or damage (including personal injury, death, or property damage) arising from your performance of the Service.
5. You must obey all local laws related to providing the Service. OnDeWei may conduct background searches to ensure you are not involved in criminal activity.
6. You must not contact Consumers for any purpose other than completing the Service.
7. You must not attempt to access or exploit other users’ information, except as necessary to complete the Service.
8. Standard telecommunication charges for communications with Consumers are your responsibility.
9. You may not use the Service for data mining or any unauthorised purpose; violations may be treated as industrial espionage or sabotage.
10. OnDeWei may suspend or terminate your account at any time for any reason, including violations of these Terms.
11. OnDeWei may withhold or deny your application or compel you to undergo a health evaluation if it reasonably believes it is necessary for safety or compliance. Pending evaluation results, OnDeWei may suspend or terminate your account.

3.3 Consumer Representations and Warranties

1. Your use of the Service is for your own personal use or, where permitted, for the benefit of an Unaccompanied Minor, in which case you assume primary responsibility for that Minor.
2. You will not use the Application or Service to cause nuisance, annoyance, or inconvenience, or to make fraudulent bookings.
3. You agree to provide accurate address information for the Service. If the address is inaccurate, the Rider may cancel your booking and you may be charged a Cancellation Fee.
4. You must not contact Riders for any purpose other than completing the Service.
5. You must not intentionally or unintentionally cause damage to the Rider or their property.

4. Compatibility

Different routers, browsers, and devices may have firmware or settings that are not compatible with the Application, Platform, or Software. While we continuously develop the Application, Platform, and Software to support commonly used devices and browsers, we do not warrant compatibility with any specific device or browser.

5. License Grant and Restrictions

OnDeWei grants you a revocable, non-exclusive, non-transferable, limited license to use and access the Application Platform for the Service, subject to these Terms. All rights not expressly granted are reserved by OnDeWei.

You must not:

• Post, distribute, or reproduce copyrighted material, trademarks, or proprietary information without prior consent.
• Remove any copyright, trademark, or proprietary notices from the Application or Platform.

6. Payments

All payments under this Agreement are in Malaysian Ringgit (RM).

OnDeWei may suspend processing transactions it reasonably believes are fraudulent, illegal, or involve criminal activity, or where you have breached these Terms. You agree not to hold OnDeWei liable for any withholding, delay, suspension, forfeiture, or cancellation of payments.

6.3 Payment Terms for Consumer

• OnDeWei charges a Service Fee for using the Service. This fee is not owed to Riders and is payable by Consumers immediately and is non-refundable.
• Consumers must pay for Services using the payment method selected at booking, which may include cash or automated payment methods. All payments are non-refundable and irrevocable.
• Automated payments may be made by credit/debit card, e-wallets, PayLater services, or other methods available through the Application.

6.4 Payment Terms for Rider

• The Rider payment structure is based on delivery destination, zone classification, and operational distance. OnDeWei may revise rates, incentives, or fees at its discretion with prior notice to Riders.
• Current rates (subject to change):
  • Kolej 9 or Kolej 13: RM 5.00 per delivery
  • Bangunan Pentadbiran: RM 4.00 per delivery
  • Same-zone deliveries:
    • Zone 1 (Kolej 1, 2, 6): RM 3.00
    • Zone 2 (Kolej 3, 4, 7): RM 2.00
    • Zone 3 (Kolej 5, 11, 12): RM 3.00
    • Kolej 8 and Kolej 10: RM 2.00
  • Cross-zone or non-kolej locations (cafeterias, library, sports centre, academic buildings, etc.): RM 4.00 per delivery
• Payments are made per successfully completed delivery and will be disbursed via the payment method provided during Rider registration. Riders must ensure payment details are accurate to avoid delays.

7. Cancellation

7.1 For Riders

• Consumers rely on you for delivery. High or frequent cancellations or ignoring bookings may impair the Consumer experience and impact OnDeWei’s reputation.
• Cancellations must be based on acceptable reasons displayed in the Application; OnDeWei may update these reasons at any time. Unacceptable cancellations or ignored bookings may result in restrictions on your access to the Service.

7.2 For Consumers

• You may cancel your request at any time before a Rider is matched to your Service.
• If you cancel, you may be charged a RM 5.00 Cancellation Fee.
• If you believe you were incorrectly charged, contact OnDeWei via the Help Centre. OnDeWei may grant refunds at its discretion.

8. Complaints

• Complaints between Riders and Consumers should be communicated directly between the parties.
• If the issue cannot be resolved, contact our Help Centre for further assistance.

9. Intellectual Property Ownership

• OnDeWei owns all rights, title, and interest in the Application, Service, and related intellectual property.
• This Agreement does not transfer any ownership rights to Consumers or Riders.
• OnDeWei’s name, logo, trademarks, and third-party provider logos are proprietary and not licensed for personal use.
• OnDeWei grants a non-exclusive, non-transferable license to use deliverables for internal business purposes only.

10. Taxes

• This Agreement is subject to all applicable taxes, duties, fees, charges and costs as required by law.
• You must comply with applicable laws and take steps to enable OnDeWei to claim any tax credits, rebates, or refunds as appropriate.
• If you are a Rider, you are responsible for paying any taxes or statutory contributions due in respect of payments received under this Agreement.

11. Confidentiality

1. All information disclosed in relation to this Agreement will be treated as confidential unless:
   • It is or becomes public through no fault of the recipient;
   • It was known to the recipient prior to disclosure;
   • It was received lawfully from a third party without duty of confidentiality; or
   • It is required to be disclosed by law.
2. You must keep confidential information secure and only use it to access and use the Service.
3. You must not disclose confidential information without OnDeWei's prior written consent.
4. The confidentiality obligations survive termination of this Agreement until the information becomes public through no breach by the recipient.

12. Termination

1. OnDeWei may suspend, restrict, or terminate your access at any time for breaches of these Terms or any harmful conduct.
2. You may terminate by deactivating your account or ceasing use of the Application Platform.
3. Termination does not affect rights or obligations accrued prior to termination, including payments, dispute resolution, and surviving clauses.

13. Data Privacy and Personal Data Protection Policy

OnDeWei collects and processes Personal Data in accordance with its Privacy Policy, which forms part of this Agreement by reference.

• You consent to OnDeWei and its affiliates collecting, using, processing, and disclosing your Personal Data as described in the Privacy Policy.
• You acknowledge that OnDeWei may disclose Personal Data of other individuals to you as necessary, and you agree to use such data only for the purpose for which it was shared.

14. Indemnification

1. You must indemnify, defend, and hold OnDeWei harmless from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from third-party claims related to your use of the Service or breach of these Terms.
2. OnDeWei must indemnify, defend, and hold you harmless from claims arising from the Service, except to the extent caused by your negligence or breach.
3. Neither party may compromise or settle claims without the other party’s consent.
4. Indemnification obligations survive termination of this Agreement.

15. Disclaimer of Warranties

1. The Application, content, and services are provided "as is" with no warranties. OnDeWei makes no representations about accuracy, completeness, or timeliness, and is not liable for any losses arising from use of the Service.
2. OnDeWei makes no representation or warranty about Services provided by Riders. You bear all risk arising from Rider-provided Services and release OnDeWei from liability.

16. Internet Delays

The Service is subject to Internet limitations, delays, and issues. OnDeWei is not responsible for delays, delivery failures, or losses due to such problems.

17. Limitation of Liability

1. Neither party is liable for indirect, incidental, special, or consequential damages arising from this Agreement, including lost profits or service interruptions.
2. OnDeWei is not involved in disputes between Consumers and Riders, nor does it manage payments between them. Users are responsible for their decisions and waive claims against OnDeWei.
3. OnDeWei is not responsible for food or delivery quality; you use the Service at your own risk.

18. Notice

OnDeWei may provide notice via the Application, email, or registered mail. Notices are deemed given 48 hours after mailing or 1 hour after email. You may give notice to OnDeWei by courier or registered mail to the contact details provided in the Application.

19. Assignment

You may not assign this Agreement without OnDeWei’s written consent. OnDeWei may assign this Agreement without your consent. Any unauthorized assignment is void.

20. Dispute Resolution

1. Disputes must first be resolved through good faith negotiation within thirty (30) days.
2. If unresolved, disputes are referred to arbitration at the Asian International Arbitration Centre (AIAC).
3. The seat of arbitration is Kuala Lumpur, Malaysia, and proceedings will be conducted in English.
4. The tribunal will consist of three arbitrators, with each party selecting one arbitrator and jointly selecting the third.
5. The arbitrator’s award is final and binding.
6. Each party bears its own legal fees and shares arbitration costs equally.
7. Arbitration does not waive performance obligations under this Agreement.
8. If arbitration fails, disputes may be referred to Malaysian courts with exclusive jurisdiction.

21. Relationship

Nothing in these Terms creates an agency, partnership, or joint venture with OnDeWei.

22. Severability

1. If any part of this Agreement is invalid or unenforceable, it will be treated as removed, but the rest remains in effect.
2. The parties will replace any invalid provision with a valid one reflecting the original intent as closely as possible.

23. No Waiver

Failure to enforce any right or provision does not waive that right or provision.

24. Entire Agreement

1. This Agreement is the complete and exclusive agreement between the parties regarding its subject matter.
2. It supersedes all prior agreements, understandings, and representations related to the subject matter.
3. The parties confirm they are not relying on any representations not expressly set out in this Agreement.

25. Modification of Application

1. OnDeWei may modify, suspend, or terminate the Application or its availability at any time without notice.
2. OnDeWei may interrupt operation to perform maintenance, correct errors, or implement changes.
3. OnDeWei may vary or remove Application content (pricing, promotions, product availability) at any time.

If any content contains errors, OnDeWei may correct them, update information, or cancel affected orders at any time, even after an order is placed.

26. No Third Party Rights or Assignment

This Agreement does not confer any rights to third parties who are not parties to this Agreement.