Appendix D

  1. DEFINITIONS AND INTERPRETATION
    • Words and expressions used in this Appendix have the following meanings: –

“PIN Pad” means a device used by the wannaPay Holder to enter the PIN or other data as may be specified by wanna;

“Receipt” means a document in form and substance prescribed by wanna produced by a Terminal, to evidence transactions and such document may be in an electronic form;

“Terminal” means a mechanical/electronic or any other device which reads and/or records the data of the Machine-Readable Medium of wannaPay Accounts and wannaPay Transactions;

“Terminal Receipt” means a document in the form and substance prescribed by wanna produced by a Terminal to evidence a transaction; and

“Vendor” means a licensed and/or appointed merchant acquiring institution authorised by wanna to appoint and/or acquire merchants for accepting the wannaPay.

“Driver” means the party conducting the delivery of the Products ordered by the Customers through wannaFood.

“Merchant Outlet” means a party that carries out the business of selling food and beverages for wannaFood Services as can be amended and added from time to time based on the agreement of the Parties.

“Merchant SOP” means Standard Operating Procedures for Use of wannaFood Services for Merchants which can be amended from time to time at the sole discretion of wanna with or without any notification.

“Order” means the order of the Products made by the Customers on the wannaFood Platform.

“Parties” means, collectively, wanna and the Merchant and “Party” means either one of them.

“Products” means the food and/or beverages sold by the Merchant through wannaFood.

  1. EQUIPMENT AND WANNAPAY READERS
    • The Merchant must use all equipment supplied by wanna or vendor (including Terminals, PIN Pads) (collectively the “Equipment”) and Terminal Receipt in accordance with wanna’s operating instructions. The Equipment remains the property of wanna or vendor at all times and must be surrendered to wanna or vendor on-demand or termination of use by wanna. The Merchant must pay for the cost of repairs and replacement of spare parts for the Equipment arising from negligent damage, unauthorised use, abuse or misuse.
    • The Merchant must ensure that all Equipment are operational and ready for use and all installation fees for telecommunication facilities, electrical power points and telephone lines and any other operating and usage charges for the operation of the Equipment are to be provided by the Merchant at its own costs and expense.
  • The Merchant is solely responsible for the prevention of the theft, loss, negligent damage, unauthorized use, abuse or misuse of the Equipment and the Merchant must immediately notify wanna if any Equipment is lost, stolen or damaged. In the event any Equipment is lost or stolen, the Merchant shall pay up to RM 2,000.00 the prevailing cost of replacement of the Equipment to wanna.
  • The Merchant must inform wanna or vendor if there is any malfunction of the Equipment within one (1) Business Day after becoming aware of the malfunction. The Merchant must allow wanna’s authorized personnel to enter their premises to install, inspect, repair, service or remove the Equipment at any reasonable time. Once the installation, repair or service of the Equipment is completed, the Merchant must acknowledge its acceptance of the installation, repair or service in writing. wanna is not liable for the Merchant’s loss if there is any delay in the repair or replacement of the Equipment.
  • The Merchant must not move the Equipment to a different location without first obtaining wanna’s or vendor prior written consent.
  • The Equipment is for the Merchant’s exclusive use and the Merchant cannot allow any unauthorized person(s) to use or access to the Equipment or grant any third party any rights over the Equipment.
  • The Merchant must make sure that the Equipment is not tampered with (e.g. no illegal modification, reverse engineering to the Equipment, removal, hiding or altering any markings which indicate ownership of the Equipment).
  • The Merchant must: –
    1. comply with all requirements of the PCI-DSS and the wanna when carrying out wannaPay Transactions;
    2. be solely responsible for and shall bear all cost and expenses for the setting-up, maintenance, upgrading, security and integrity of the Merchant’s computer system, software and all costs thereof necessary for it to carry out transactions; and
    3. keep all systems and media containing any information or data (whether physical or electronic) relating to wannaPay Holder, wannaPay Accounts and transactions in a secure manner in no less than the standards prescribed by the PCI-DSS, such as without limitation encrypting transmission of wannaPay Holders’ data and sensitive information across public network, to prevent access by or disclosure to any unauthorized personnel. If any information or transaction data stored in any part of the Merchant’s system is lost, damaged, stolen, tampered or otherwise compromised, the Merchant must immediately report and give written notice of this to wanna once the Merchant becomes aware of it.
  • Where the Merchant has installed its own terminal (“Merchant’s Terminal”), the Merchant must ensure that the:-
    1. Merchant’s host system is able to process the wannaPay data;
    2. Merchant’s Terminal is installed and/or upgraded at the cost and expense of the Merchant in accordance with the standards specified by wanna;
    3. Merchant’s Terminal is maintained in good working condition at the cost and expense of the Merchant; and
    4. Merchant’s Terminal is operating properly at all times. If the Merchant’s Terminal malfunction, the Merchant immediately notify wanna and repair the Merchant’s Terminal at the Merchant’s own cost and expense.

The Merchant is solely responsible for all loss or damage arising from the inaccuracy of any data or information transmitted to and/or from the Merchant’s Terminal.

  • In an emergency, wanna may, without having to give notice or reason, deactivate the Merchant’s Terminal from wanna’s system. If no prior notice was given, wanna will use its best efforts to notify the Merchant as soon as practicable after the deactivation.
  • At any time upon wanna’s request, the Merchant must allow wanna or its contractors to inspect the Merchant’s Terminal.
  1. WANNAFOOD SERVICES
    • Merchant acknowledges and agrees that the wannaFood Services provided by wanna are limited to
      1. referring Customers to Merchant;
      2. accepting Orders and receiving payments from Customers on Merchant’s behalf; and
      3. including communicating Orders and disbursing payments from Customers to Merchant. wanna may carry out changes to wannaFood Services, or suspend the wannaFood Services, without notice at its sole and absolute discretion.
  • wanna shall present on wannaFood the range of Products offered by the Merchant, to the extent that it has been communicated to wanna and it meets the criteria determined solely by wanna and communicated to Merchant.
  • Merchant shall provide wanna with all information necessary for wanna to present the Products offerings on wannaFood, including menus, Products, availability of Products at any Merchant Outlets, operating hours and location of Merchant Outlets, logo, images, prices, and company identity as required by wanna (“Necessary Information”). For the avoidance of doubt, in the event that the Merchant fails to provide wanna with the Necessary Information, wanna shall be entitled to use any information available to wanna, including any images relating to the product on the wannaFood. Any changes to such information must be communicated by Merchant to wanna at the latest seven (7) business days before the changes take effect.
  • The Merchant is required to verify the information published by wanna and immediately point out any mistakes or inaccuracies. For the avoidance of doubt, the Merchant’s menu, Products, logo, images, prices, company identity and other relevant information of the Merchant may be published on the wannaFood Platform and other media (including but not limited to Twitter, Facebook and Google AdWords campaign).
  • Merchant is required to ensure the price is lower across the different apps for a standard reference or must be consistently identical to the prices offered by merchants in their instore menu, whichever lower is applied.
  • The Merchant will process orders with all reasonable care and as soon as they are submitted by the Customer. The Merchant is required to keep its advertised food, beverage, and/or retail and/or wholesale products available to the best of its ability.
  • wanna makes no representations or warranties and does not ensure the quality, safety and/or legality of any Products. wanna does not guarantee the identity of any Customers or ensure that a Customer will complete a Transaction.
  • The Merchant acknowledges and agrees that the actual contract for the sale of the Products is directly between Merchant and the Customers, and wanna is not a party to such contracts and accepts no responsibility, liability, or obligations in connection with any such contract and any dispute arising out of any Product is between the Merchant and the relevant Customers only.
  • wanna reserves the right to suspend a specific Transaction and/or a wannaPay Account and/or the wannaFood Services if wanna believes that any of the following circumstances has occurred:
  1. where wanna believes it is necessary or desirable to protect the security of the Customer Account and/or the Merchant Wallet and/or the wannaFood Services;
  2. wanna believes it is necessary or desirable to protect the security of the Customer Account and/or the wannaFood Services;
  3. if the Merchant engages in prohibited activities as specified in the Merchant SOP or any other policies of wanna or any Applicable Law; or
  4. otherwise in connection with wanna’s compliance with any Applicable Law.
  1. OBLIGATIONS
    • The Merchant shall register as a merchant using the wannaFood Merchant Registration Form or in any other manner to be determined by wanna. The Merchant shall integrate the wannaFood Services into the Merchant Outlet and operate the same in accordance with wanna’s instructions and policies (as may be amended from time to time).
  • The Merchant shall not permit any Transaction of any Products or items that are prohibited and restricted under Applicable Law or wanna’s policies.
  • The Merchant shall at all times have all relevant licenses and permits to conduct the Merchant’s business, including any food safety laws and regulations. The Merchant must notify wanna immediately, if the Merchant is aware of any violations of its business or its business is found to be in violation of any Applicable Laws by the relevant authorities.
  • The Merchant represents and warrants that:
    1. the information published on wannaFood Platform relating to the Products offerings satisfy all legal requirements, including all information relevant to the protection and welfare of Customers and any laws and regulations related to sales of food;
    2. the information provided by the Merchant does not violate any third party’s Intellectual Property Rights;
    3. the Products provided, prepared and sold to Customers are of merchantable quality and safe for consumption, and their storage, production and preparation comply and will comply with all relevant retail, restaurant, and food safety regulations and the quality or criteria set by Shopee and any Applicable Laws;
    4. It will not ask for data and/or information from Customers or other parties through any means on behalf of wanna without prior written approval from wanna.
  • The Merchant guarantees that the retail products, and/or food and/or beverages, and/or wholesale products provided, prepared and sold to Customer, are in good quality and safe for consumption. In the event any retail products, and/or food and/or beverages of Merchant are spoiled, defected, broken, or which results in food poisoning, allergies or other effects that will harm or disappointed by Customer, wanna makes no representations or warranties and does not ensure the quality, safety and/or legality of any Products. wanna does not guarantee the identity of any Customers or ensure that a Customer will complete a Transaction.
  • The Merchant guarantees that the retail products, food and/or beverages offered are of high quality and their storage, production and preparation comply with all relevant retail, restaurant and food safety regulations. If any violations are found by the relevant authorities, the Merchant must notify wanna immediately.
  • The Merchant shall not:
    1. perform any actions that may cause damages and/or disruptions to wanna or wannaFood Platform’s system; or
    2. perform any actions that aim to duplicate, replicate and/or steal the information and/or data of wannaFood Services, wanna and/or the Customers.
  • The Merchant shall agree to carry out promotional or marketing activities to support the provision of wannaFood Services as agreed with wanna from time to time and shall be provided in a separate document.
  1. FEES AND TAXES
    • In consideration of wanna’s provision of Services under this Agreement, the Merchant shall pay wanna a service fee. The Service Fee shall be charged on each of the Net Sales based on a successful Transaction recorded in the wanna system. The Service Fee shall be exclusive of any service and sales tax (SST) and the Merchant shall be responsible for any taxes charged by wanna for the Service Fee.
  • wanna may, at its sole discretion, amend the Service Fee or any other applicable fee or include any additional fee at any time by written notice to the Merchant.
  • The Merchant shall be responsible for all taxes, duties, fees and other charges arising out of, or associated with, the supply of the Products or its business (“Taxes”) and undertakes to pay all such Taxes in a timely manner.
  • The Merchant agrees to pay any and all costs and expenses in connection with any payment obligation to wanna (including but not limited to promo and campaign) in the manner as wanna may specify from time to time (including but not limited to deduct from your daily transaction), which are intended to make payments for such payment obligation to wanna.
  1. APPLICATION FOR RETURN AND/OR REFUND
    • ERRORS ON FOOD ORDER
      1. If you received food that is different from your receipt, we sincerely apologize. Please call the merchant or our Customer Services as soon as you notice that there was an error in your order.
    • call merchant, to request the merchant to replace the correct order.
    • call Customer Service, we will issue a cancel payment on the order with an error and recharge the corrected amount.
  • INCOMPLETE ON FOOD ORDER
    1. In the rare occasion that you do not receive food that is on your receipt, we will make it up to you. Please call us as soon as you notice that any food items were not received in your order. You may cancel the missed food without any question, and we will refund the amount to wanna Wallet.
  • DISSATISFACTION ON FOOD
    1. Our merchant cooks the food fresh to order with fresh ingredients. We take great care in all the dishes we make. Refunds and/or replacement food are available upon request for orders in which the food is wrong, omitted and other similar circumstances. Refunds are not typically provided for food that a guest simply does not like.
  • CANCEL ORDER
    1. You’ll not be able to cancel your order after placing it, this is because the merchant would have started preparing your food after they have accepted your order.
    2. If you’ve entered the wrong address and the change in address isn’t too far, please contact the driver to ask he/she is willing to accommodate the change in address.
    3. Otherwise, if you really need to cancel your order, you can contact our Customer Service to help you cancel the booking.
  • PICK-UP ORDERS
    1. Our merchant strives to prepare and package the pick-up items to preserve the high-quality food. To help ensure this, please arrive at the scheduled time confirmed by the wanna to ensure your order is pick-up at the best quality with respect to temperature and freshness. If the customer arrives after the pick-up time, no refund issued.
  1. TRANSACTION CHARGES
    • We charge for all successful transactions completed by the Buyer on the wannaFood (“Transaction Charges”). The Transaction Charges is borne by the Sellers and is calculated, rounded up to the nearest cent as below:
      1. 15% for wannaFood orders.

For an item is the Buyer’s Purchase Monies for the transactions and any voucher applied to such item by the Buyer.

  • Following the successful completion of a transaction, we shall deduct the Transaction Charges from the Buyer’s Purchase Monies and remit the balance to Seller. We shall issue receipts or tax invoices for the Transaction Charges paid by you on request
  1. SETTLEMENT
    • wannaFood – Settlement Schedule (Include Saturday, Sunday, and Public Holidays): D+1
      1. D: acknowledgement goods deliver to the buyer by the rider; or
      2. acknowledgement goods being pick-up from the buyer by the seller.
  1. APPENDIX B TO BE READ WITH MERCHANT SERVICES TERMS AND CONDITIONS
    • This Appendix D is to be read together with wanna’s Merchant Services Terms and Conditions. Where there is inconsistency, Appendix B shall override the Merchant Services Terms and Conditions, in so far as it relates to the wannaFood Transaction.

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