These Terms of Service ("Terms") govern your access to and use of the website, products, and services provided by Shiok POS ("we", "us", or "our"). By accessing or using our Services, you agree to these Terms and to any policies referenced here, including our Privacy Policy, Refund Policy, Shipping Policy, and Cancellation Policy.
If you are using the Services on behalf of an organisation, you confirm that you are authorised to accept these Terms on its behalf and that the organisation accepts responsibility for your use.
1. Definitions
- Services means our websites, software, point of sale systems, dashboards, and related support.
- Hardware means any devices or accessories purchased from Shiok POS.
- Software means any Shiok POS applications, firmware, or cloud features that we make available.
- You and your mean the customer or user of the Services.
- Order means a confirmed purchase of Hardware, Software, or Services.
2. Eligibility and Accounts
You must be at least 18 years old to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must provide accurate and up-to-date information.
3. Orders, Pricing, and Payment
3.1 Placing orders. An Order is accepted when we issue an order confirmation. We may decline an order before acceptance.
3.2 Prices and taxes. Prices are shown in Malaysian Ringgit (RM). Prices are exclusive of taxes and shipping unless stated otherwise. You are responsible for any applicable taxes and duties.
3.3 Payment terms. We will send you a secure payment link (for card, SPayLater, or online banking) or our bank account details once your order is confirmed. Payment is due as stated on your payment link or invoice. Late payments may incur reasonable administration charges or interest permitted by law. We may suspend Services for non-payment.
3.4 Title and risk. Risk in Hardware passes to you on delivery. Title passes when we receive full payment.
4. Delivery, Returns, and Refunds
4.1 Delivery. Delivery dates are estimates. We will use reasonable efforts to meet them. See our Shipping Policy for details.
4.2 Returns and refunds. Returns are governed by our Refund Policy, which forms part of these Terms. If there is any conflict, these Terms prevail to the extent permitted by law.
5. Software Licence and Updates
5.1 Licence. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to install and use the Software for your lawful business purposes.
5.2 Restrictions. You must not copy, modify, reverse engineer, decompile, or create derivative works from the Software except where permitted by law.
5.3 Updates. We may provide updates or patches that you must install to continue using the Services safely and effectively. Updates may change features or functionality.
6. Acceptable Use
You must use the Services lawfully and responsibly. You must not:
- breach any applicable law or regulation;
- infringe intellectual property or privacy rights;
- upload malicious code or attempt to gain unauthorised access;
- use the Services to process illegal transactions or for deceptive or fraudulent activity;
- interfere with the normal operation of the Services or with other users.
We may suspend or terminate access if we reasonably believe a breach has occurred.
7. Third-Party Services
The Services may interoperate with third-party products or services including payment gateways, analytics, or logistics providers. Your use of third-party services is subject to their terms and privacy notices. We are not responsible for third-party services and do not control their availability or performance.
8. Data Protection and Privacy
We process personal data in accordance with Malaysia's Personal Data Protection Act 2010 and our Privacy Policy, which forms part of these Terms. You must ensure that your collection and use of customer data complies with applicable laws and that any necessary notices and consents are in place. If you process personal data on our systems, you agree to use the Services only for lawful purposes and to implement reasonable security measures on your side.
9. Intellectual Property
All intellectual property rights in the Services and Software are owned by Shiok POS or its licensors. Except for the limited licence in clause 5, no rights are assigned or transferred. You grant us a non-exclusive licence to use any feedback you provide to improve our products and services.
10. Warranties
10.1 Hardware. Hardware is supplied with the warranties stated in the product documentation or as required by law. Your statutory rights under Malaysian law remain unaffected.
10.2 Software and Services. The Software and Services are provided with reasonable care and skill. We do not warrant that they will be uninterrupted or error-free.
10.3 Exclusions. To the fullest extent permitted by law, all other warranties, conditions, and representations are excluded.
11. Limitation of Liability
11.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited or excluded by law.
11.2 Subject to clause 11.1, we are not liable for loss of profit, revenue, business, contracts, data, goodwill, or for any indirect or consequential loss.
11.3 Subject to clauses 11.1 and 11.2, our total liability arising out of or in connection with the Services or these Terms is limited to the total fees paid by you to Shiok POS for the Services that gave rise to the claim in the twelve months preceding the event giving rise to liability.
12. Security
We implement reasonable technical and organisational measures to secure the Services. You are responsible for securing your accounts, devices, and network. You must notify us promptly if you become aware of unauthorised access or a security incident that affects the Services.
13. Suspension and Termination
We may suspend or terminate your access to the Services if you materially breach these Terms, if required by law, or if there is a risk to the security or integrity of the Services. You may stop using the Services at any time. Termination does not affect rights and obligations that have accrued.
14. Force Majeure
We are not responsible for delays or failures caused by events beyond our reasonable control, including natural disasters, power failures, network or telecommunications outages, labour disputes, or acts of government.
15. Changes to the Services and to These Terms
We may make changes to the Services to improve performance, enhance security, or comply with law. We may update these Terms from time to time. The updated Terms will be posted on this page with a revised "Last updated" date. If you continue to use the Services after the changes take effect, you are deemed to accept the updated Terms.
16. Notices
We will send notices by email to the address associated with your account or by posting on our website. You may send legal notices to contact@shiokpos.com or to any other address that we specify in writing.
17. Governing Law and Dispute Resolution
These Terms are governed by the laws of Malaysia. The courts of Malaysia will have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms. Consumers may also have rights to bring claims in local consumer tribunals where applicable.
18. General
18.1 Severability. If any provision is found invalid or unenforceable, the remainder will continue in effect.
18.2 No waiver. A failure to enforce a right is not a waiver of that right.
18.3 Assignment. You may not assign or transfer your rights or obligations without our prior written consent. We may assign our rights and obligations as part of a corporate reorganisation or transaction.
18.4 Entire agreement. These Terms, together with the policies referenced here, form the entire agreement between you and Shiok POS regarding the Services and supersede any prior terms.
18.5 Order of precedence. If there is a conflict between an Order and these Terms, the Order prevails for that conflict.
19. Contact Us
For questions about these Terms, please contact us at contact@shiokpos.com or via our Contact Us page.