1. Introduction

1.1 The following terms and conditions apply to Merchant’s use of the Services. This terms of service (“Terms of Service”) is a contract between ReserveDaily Sdn. Bhd. (“ReserveDaily”) and you (“you”, “your”, “Merchant”) who registered a Merchant Account with us and it governs your use of all Services (defined below). Please read the following Terms of Service carefully so that you are aware of your legal rights and obligations with respect to ReserveDaily and our affiliates and subsidiaries (individually and collectively, “Company”, “we”, “us” or “our”). BY USING THE SERVICES OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE. We have the right to revise these Terms of Service at any time without providing notice to you. Your use of the Services shall be deemed irrevocable acceptance of these Terms of Service and any such revisions.

Merchants are responsible for reviewing the Merchant Terms of Service periodically to stay updated on any changes to the platform. We are not liable for any consequences arising from a merchant’s failure to stay informed of updates.

  1. Interpretation

2.1 In this Terms of Service, the following words will have the meanings assigned to them in this clause, except where inconsistent with the context:

  • “Platform” refers to the web and mobile applications operated by ReserveDaily or its affiliates, as updated from time to time, for the provision of services.;
  • “Merchant Account” means Merchant’s registered account(s) with ReserveDaily;
  • “Merchant Product/Service” means any product or service offered by Merchant to its customers and which is ordered, purchased or otherwise provided to a customer pursuant to a Transaction;
  • “Merchant Registration Form” means the registration form completed and signed by Merchant for the Services;
  • “Merchant Price” means the price the Merchant sells and publishes their products or services;
  • “ReserveDaily Agent Price” means the price ReserveDaily pays for the service booked via our platform on behalf of the customer;
  • “ReserveDaily Min. Publish” means the price ReserveDaily can publish at a minimum;
  • “Services” means electronic solutions via the internet and all other products and services offered by ReserveDaily through any other means;
  • “Transaction” means any transaction between Merchant and its customer using the Services for the purchase of goods and/or services from Merchant.

2.2 Headings are for convenience only and shall not affect the construction or interpretation of this Terms of Service.

3. Services

3.1 Merchant acknowledges and agrees that:

(a) ReserveDaily operates as a platform that markets the Merchant’s services via its website, social media, events, and other relevant marketing channels. In certain cases, ReserveDaily may enter into a separate agreement with the Merchant to act as a distributor or intermediary for specific products or services. However:

  • (i) ReserveDaily primarily functions as a payment intermediary and does not, under any circumstances, act as a seller, purchaser, dealer, retailer, auctioneer, supplier, distributor (unless otherwise agreed in a separate agreement), manufacturer, broker, agent, or merchant of the Merchant’s products or services.
  • (ii) ReserveDaily makes no representations or warranties regarding the quality, safety, or legality of any Merchant product/service and does not guarantee the identity of customers or their completion of transactions.

(b) Any dispute related to a Merchant’s product or service is solely between the Merchant and the customer. ReserveDaily shall not be liable for any disputes, including but not limited to issues regarding performance, liability, delivery, quality, or use of the Merchant’s product/service. ReserveDaily may, on a case-by-case basis and at the customer’s expense, assist the customer in requesting a refund from the Merchant. The Merchant is responsible for verifying transactions and ensuring their legitimacy.

(c) ReserveDaily’s services, including its payment gateway, facilitate payments from customers to Merchants. Funds collected from customers and received by ReserveDaily will be settled and transferred to the Merchant’s account based on an agreed timeframe (daily, weekly, biweekly, or monthly), after deducting applicable fees, taxes, and/or duties. The Merchant is responsible for any associated costs, expenses, fees, and bank charges related to the settlement and transfer.

(d) Customer Information Sharing: ReserveDaily may share customer details with the Merchant strictly for service booking purposes in accordance with applicable data protection laws. However, the Merchant shall not misuse, sell, or distribute such information beyond its intended use.

  1. Obligations

4.1 Merchant shall open and maintain a Merchant Account by registering as a merchant with ReserveDaily. Merchant shall integrate the Services into its operations and operate the same in accordance with ReserveDaily’s instructions. Merchant shall be responsible for maintaining adequate security and control of any and all identifications, passwords, personal identification numbers (PINs), or any other codes that Merchant uses to access the Services.

4.2 Merchant shall not receive payments as consideration for delivery of restricted items including but not limited to:

  • Adult media and/or services, escort or prostitution services;
  • Body parts including organs or other body parts;
  • Copyright unlocking devices;
  • Drugs and drug paraphernalia;
  • Drug test circumvention aids;
  • Hacking and cracking materials;
  • Illegal goods;
  • Offensive goods;
  • Weapons includiwng firearms, ammunition, knives, gun parts, and other armaments;
  • Any products or services subject to UN Security Council’s sanctions;

4.3 Merchant shall cooperate with ReserveDaily at Merchant’s cost to investigate any suspicious illegal, fraudulent, or improper activity related to any Transactions.

4.4 At any time, for the purpose of complying with applicable law, Merchant shall provide ReserveDaily with such information as ReserveDaily may request, including information about Merchant’s business. Merchant shall inform ReserveDaily in writing of any material changes to its business including business model, goods and/or services, shop name, website, or payment method, no later than thirty (30) days prior to such changes.

5A. Merchant Responsibilities and Commercial Terms

5A.1 The Merchant shall:

  • Provide accurate, complete, and up-to-date information about their services, availability, pricing, and any other relevant service terms.
  • Specify any minimum order quantity (MOQ) and special pricing for OEM products, where applicable, including any distinct commission structures.
  • Deliver the confirmed services promptly and professionally to customers referred by ReserveDaily.
  • Logistics and Product Delivery: All logistics and product delivery responsibilities will be directly handled by the Merchant. The Merchant is fully responsible for the timely delivery of goods and services to customers.
  • Offer a preferential agent rate as outlined in Appendix A.

5B. Payment Terms

5B.1 Commission Structure: ReserveDaily will purchase the Merchant’s services on behalf of customers and deduct a commission as specified in a separate agreement or as predefined based on the product category or inputted amount in the Merchant Registration Form. The commission percentage will be defined per the terms agreed upon or preset for the specific category.

 

5B.2 The remaining balance (after commission deduction) will be transferred to the Merchant within 14 calendar days of receiving full customer payment.

 

5B.3 For urgent service fulfilment, payment will be initiated within 7 calendar days upon receipt of a valid invoice from the Merchant.

 

5B.4 The Merchant shall provide an invoice for each booking made through the ReserveDaily platform.

5C. Commission, Booking Policy & Repeated Client Purchases

5C.1 Repeated Client Purchases: All subsequent or repeat visits by customers initially referred by ReserveDaily shall continue to be attributed to ReserveDaily. The Merchant agrees to:

  • Submit periodic reports detailing repeated transactions.
  • Remit the agreed commission (as stated in Appendix A) to ReserveDaily for each such transaction.
  • Allow ReserveDaily to invoice for any such repeat booking commissions if not reported directly by the Merchant.

5C.2 Upselling: If ReserveDaily successfully upsells or facilitates additional services or upgrades beyond the original booking, the commission on the upsold amount will be calculated based on the agreed rate outlined in Appendix A.

5C.3 Booking Attribution and Policy:

  • If a client referred by ReserveDaily expresses interest in additional treatments, products, or services, the Merchant shall direct the client to the ReserveDaily website or application to complete the booking.
  • In cases where the client chooses to book directly with the Merchant despite this guidance, the Merchant agrees to remit the agreed commission for such direct bookings to ReserveDaily.
  • ReserveDaily reserves the right to issue an invoice for commissions on any such direct bookings identified through internal audits or customer disclosures.

5C.4 The Merchant shall direct all returning or previously referred clients to make their subsequent bookings exclusively via ReserveDaily.com or its official channels.

5C.5 Commission payments for repeat purchases shall be settled within 14 calendar days from the confirmed booking date.

  1. Fees and Taxes

6.1 The fees payable by Merchant for the Services are as set out in the Merchant Registration Form, which shall form part of these Terms of Service. Unless otherwise indicated, fees are quoted in Malaysian currency and are exclusive of GST.

6.2 ReserveDaily may vary the fees, or advise Merchant of any additional fees, applicable to these Terms of Service at any time by posting a notice on the ReserveDaily website or Application and/or by sending Merchant a notice via email or postal mail.

6.3 Any applicable taxes, duties, and/or fees shall be borne by Merchant, and Merchant hereby authorizes ReserveDaily to deduct such taxes, duties, and/or fees as required by law.

6.4 It is Merchant’s sole responsibility to determine which, if any, taxes and/or duties apply to the payments received and to report and remit the correct tax to the competent tax authority.

  1. Intellectual Property

7.1 ReserveDaily and/or its licensors reserve and shall retain its entire right, title, and interest in all copyrights, trademarks, and other intellectual property rights therein and relating thereto, except as expressly granted to Merchant in these Terms of Service.

7.2 Merchant grants ReserveDaily a worldwide, non-exclusive, royalty-free, non-transferable license to copy, use, and display any logo, trademark, trade name, or other intellectual property owned by, or licensed to Merchant for the purpose of (i) identifying Merchant as a merchant that accepts the Services as a payment form; and (ii) any other use to which Merchant specifically consents. Merchant hereby warrants and represents that it owns or has the right to use and sublicense any intellectual property which it uses or licenses for use to ReserveDaily.

7.3 “ReserveDaily” and all other URLs, logos, trademarks, and intellectual property related to the Services are either trademarks or registered trademarks of ReserveDaily or its licensors. Merchant shall not copy, imitate, or use them without ReserveDaily’s prior written consent. In addition, Merchant shall not copy, modify, or amend any of the Services or intellectual property related to the Services. All right, title, and interest in and to the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of ReserveDaily and/or its licensors.

7.4 With regard to the intellectual property owned or licensed by Card or Payment Schemes, Merchant shall follow instructions given by the relevant Card or Payment Scheme. Merchant shall not use such intellectual property in a way that is or may be detrimental to the business or brand of the relevant Card or Payment Scheme.

  1. No Warranty

8.1 THE SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. RESERVE DAILY, AND ANY OF ITS SUBSIDIARIES AND AFFILIATES, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RESERVE DAILY DOES NOT HAVE ANY CONTROL OVER THE GOODS AND/OR SERVICES THAT ARE PAID FOR WITH THE SERVICES. RESERVE DAILY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO ANY PART OF THE SERVICES, AND OPERATION OF THE SERVICES MAY BE TEMPORARILY SUSPENDED FOR MAINTENANCE OR UPGRADE OR INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF RESERVE DAILY’S CONTROL. RESERVE DAILY MAKES NO WARRANTY ON THE SOLVENCY OF COMPANY OR AS A RESULT OF THE INSOLVENCY OR CEASING TO TRADE OF ANY AUTHORIZED INSTITUTION WITH WHICH THE MONEY IS HELD. RESERVE DAILY WILL MAKE REASONABLE EFFORTS TO ENSURE THAT THE SERVICES ARE PROCESSED IN A TIMELY MANNER BUT RESERVE DAILY MAKES NO REPRESENTATIONS AND WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING.

8.2 ReserveDaily shall not be liable for any of the following:

(a) a hardware, software, mobile device, and/or internet connection is not functioning properly;

(b) any suspension or refusal to accept payments which ReserveDaily reasonably believes to be made fraudulently or without proper authorization;

(c) the payment instructions received contain incorrect or improperly formatted information; or

(d) unforeseen circumstances preventing the proper performance despite any reasonable precautions taken by ReserveDaily. Such circumstances may include but are not limited to acts of God, power outages, fire, flood, theft, equipment/device breakdowns, hacking attacks, internal mechanical or system failures, civil disturbance, war as well as downtimes of the Application.

  1. Merchant’s Representations & Warranties

9.1 Merchant represents and warrants that:

(a) the entry into these Terms of Service and the performance thereof by Merchant has been duly authorized and constitutes a valid and binding agreement of Merchant, enforceable against it in accordance with the terms thereof;

(b) all information furnished to ReserveDaily is true, accurate, and not misleading;

(c) all formal consents, waivers, approvals, authorizations, exemptions, registrations, licenses, or declarations of or by or filing with, any authority or contracting party which are required to be made or obtained by Merchant in connection with the entry into these Terms of Service and the performance of the same, have been duly obtained; and

(d) the entry, delivery, and performance of these Terms of Service by Merchant will not violate or conflict in any material respect with any law, rule, regulation, code, ordinance, judgment, order, writ, injunction, decree, or other requirement of any court/tribunal or of any governmental body or agency thereof applicable to Merchant and/or the sale of the Merchant Product/Service.

  1. Privacy

10.1 Merchant acknowledges that when Merchant downloads, installs, or uses the Services, ReserveDaily may use automatic means (including, for example, cookies and web beacons) to collect information about Merchant’s device and about Merchant’s use of the Services. Merchant also may be required to provide certain information as a condition to downloading, installing, or using the Services or certain of its features or functionality. All information collected by ReserveDaily through or in connection with the Services is subject to ReserveDaily’s Privacy Policy. By downloading, installing, using, and providing information to or through the Services, Merchant consents to all actions taken by ReserveDaily with respect to the Merchant’s information in compliance with the Privacy Policy.

  1. Termination

11.1 ReserveDaily may terminate its provision of the Services immediately:

(a) if Merchant files a petition for bankruptcy, becomes insolvent, or makes any arrangement or composition with or assignment for the benefits of its creditors, or a receiver is appointed for Merchant or its business, or Merchant goes into liquidation either voluntarily (otherwise than for reconstruction or merger) or compulsorily;

(b) upon the occurrence of a material breach of these Terms of Service by Merchant or if such breach is capable of remedy, is not remedied within the time specified by ReserveDaily; or

(c) Merchant violates or fails to comply with any applicable law, regulation, or any order by a competent court or government authority;

10.2 Either Party may terminate the Services by giving the other Party thirty (30) days’ prior written notice.

  1. Contacting Us

If you have complaints, feedback, or believe a User or Merchant on our Platform is violating these Terms of Service, please contact us:

(a) using our feedback function located under settings on the Platform;

(b) through the channels at the bottom of the page.

Please send all legal notices to book@reservedaily.com and address it to the “General Counsel.”

  1. Liability

13.1 In no event shall either Party be liable for indirect, incidental, special, punitive, or consequential damages, including loss of use, loss of profits, or interruption of business, however caused or on any theory of liability.

13.2 ReserveDaily’s liability to Merchant for any and all losses arising out of or in connection with these Terms of Service shall in no event exceed the fees received by ReserveDaily from Merchant in the three (3) months prior to the event giving rise to such liability.

  1. Indemnity

14.1 Merchant shall fully indemnify and hold ReserveDaily, its parents, subsidiaries, affiliates, suppliers, and agents, and their respective officers, directors, and employees (the “Indemnified

Party”), harmless from any loss, liability, costs, and expenses (including full reimbursement of any legal and professional costs) which the Indemnified Party suffers or incurs as a result of, or in connection with, any claim made or threatened by a third party relating to any Merchant Product/Service and/or any breach of these Terms of Service and/or use of the Services by Merchant.

  1. Other Programmes and Services

15.1 You agree that if you are whitelisted by the Company to be eligible for any other programmes or services offered by the Company, you are deemed to have agreed to the terms of service governing such programmes or services, and your continued participation in such programmes or services shall constitute your acceptance of the terms of service therein. You may notify us if you do not wish to participate in such programmes or services.

  1. Force Majeure

16.1 Neither Party shall be liable to the other for loss or damage resulting from delay or failure to perform these Terms of Service, or any terms hereunder, either in whole or in part, when the same is due to causes beyond its reasonable control, including but not limited to civil war, insurrections, strikes, riots, fires, floods, explosions, earthquakes, serious accidents, acts of God, government regulations, epidemics, quarantine, or labour trouble resulting in cessation, slowdown, or interruption of work. In the event of the same, the Parties’ obligations herein and the delivery dates shall be extended for the periods of such circumstances only so far as they affect the performance of these Terms of Service.

16.2 The Party affected shall as soon as possible notify the other Party in writing of the commencement and (if applicable) end of said circumstances.

  1. Relationship

17.1 The Parties are independent contracting parties, and nothing in these Terms of Service will make any Party the employee, partner, agent, legal representative, trustee, or joint venturer of the other for any purpose whatsoever, nor does it grant either Party any authority to assume or to create any obligation on behalf of or in the name of the other.

  1. Assignment

18.1 ReserveDaily may assign any of its rights or obligations under these Terms of Service without the prior written consent of Merchant. For the purpose of this clause, assignment will include any assignment by operation of law and change in control of a Party.

18.2 Merchant may not assign any of its rights under these Terms of Service to any person without the prior written consent of ReserveDaily.

18.3 Merchant may not allow, permit, or let another person or merchant(s) use the Services without the prior written consent of ReserveDaily.

  1. Entire Agreement

19.1 These Terms of Service constitute the entire agreement between the Parties concerning the subject matter of these Terms of Service and supersede all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the Parties.

  1. Governing Laws

20.1 These Terms of Service shall be governed by and construed under the laws of Malaysia. Any dispute, controversy, claim, or difference of any kind whatsoever arising between the Parties under these Terms of Service shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre in Kuala Lumpur, Malaysia, in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. There will be one (1) arbitrator, and the language of the arbitration shall be English. Both Parties agree that Part III of the Arbitration Act 2005 shall not apply to this Agreement or the arbitration proceedings arising out of this Agreement.

  1. Partial Invalidity

21.1 In the event of the invalidity of any part or provision of these Terms of Service, such invalidity must not affect the enforceability of any other part or provision of these Terms of Service.

  1. Waiver

21.1 A Party’s failure to exercise or delay in exercising a right or power does not operate as a waiver of that right or power and does not preclude the future exercise of that right or power.

  1. Introduction
    1.1 The following terms and conditions apply to Merchant’s use of the Services. This terms of service (“Terms of Service”) is a contract between ReserveDaily Sdn. Bhd. (“ReserveDaily”) and you (“you”, “your”, “Merchant”) who registered a Merchant Account with us and it governs your use of all Services (defined below). Please read the following Terms of Service carefully so that you are aware of your legal rights and obligations with

    respect to ReserveDaily and our affiliates and subsidiaries (individually and collectively, “Company”, “we”, “us” or “our”). BY USING THE SERVICES OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE. We have the right to revise these Terms of Service at any time without providing notice to you. Your use of the Services shall be deemed irrevocable acceptance of these Terms of Service and any such revisions. We have the right to revise these ReserveDaily Terms of Service by providing 21 days’ notice to you. Your continued use of the Services, this Platform, or your registration of an Account, shall be deemed irrevocable acceptance of these Terms of Service and any such revisions.

  1. Interpretation
    2.1 In this Terms of Service, the following words will have the meanings assigned to them in this clause, except where inconsistent with the context: • “Application” means the mobile application operated by ReserveDaily or its affiliate (as amended from time to time) for the provision of Services; • “Card or Payment Scheme” means any card payment systems (such as VISA, MasterCard, American Express or others) or bank payment scheme (such as direct banking system, direct debit system or bank transfer system); • “Merchant Account” means Merchant’s registered electronic money account(s) held with ReserveDaily or bank account designated by Merchant (as the case may be); • “Merchant Product/Service” means any product or service offered by Merchant to its customers and which is ordered, purchased or otherwise provided to a customer pursuant to a Transaction; • “Merchant Registration Form” means the registration form completed and signed by Merchant for the Services; • “Merchant Price” means the price the Merchant sells and publishes their products or services; • “ReserveDaily Agent Price” means the price ReserveDaily pays for the service booked via our platform on behalf of the customer; • “ReserveDaily Min. Publish” means the price ReserveDaily can publish at a minimum; • “Services” means electronic payment solutions via the internet and all other products and services offered by ReserveDaily through any other means; • “Transaction” means any transaction between Merchant and its customer using the Services for the purchase of goods and/or services from Merchant.
    2.2 Headings are for convenience only and shall not affect the construction or interpretation of this Terms of Service.
  1. Purpose
    This Agreement allows ReserveDaily to promote and sell the Merchant’s services through its platform.
  1. Term
    This Agreement shall remain in effect for a period of one (1) year, commencing on the date provided in Appendix A, unless terminated earlier in accordance with this Agreement. Either party may renew the Agreement upon mutual written consent before the expiration date.
  1. Responsibilities
    ReserveDaily shall: • Market the Merchant’s services via its website, social media, events, and other relevant marketing channels. • Share customer details with the Merchant for service bookings. The Merchant shall: • Provide accurate and up-to-date service information. • Specify MOQ & special pricing for OEM products, including separate commission structures. • Deliver services to customers referred by ReserveDaily. • Offer a special agent rate as detailed in Appendix A.
  1. Services
    6.1 Merchant acknowledges and agrees that: (a) ReserveDaily operates solely as a payment intermediary and: • (i) under no circumstances acts as a seller, purchaser, dealer, middleman, retailer, auctioneer, supplier, distributor, manufacturer, broker, agent, or merchant of Merchant Product/Service; • (ii) makes no representations or warranties and does not ensure the quality, safety, and/or legality of any Merchant Product/Service. ReserveDaily does not guarantee the identity of any customers or ensure that a customer will complete a Transaction; (b) any dispute arising out of any Merchant Product/Service is between the sender and receiver of the funds and/or the supplier and receiver of the goods or services. Any Transaction in relation to the Merchant Product/Service shall only obligate the Merchant. ReserveDaily shall not be a party to any dispute including but not limited to disputes over performance and liability issues relating to the delivery, quality, quantity, or use of the Merchant Product/Service.
  1. Payment Terms
    Commission Structure: ReserveDaily will purchase the Merchant’s services on behalf of customers and deduct a commission as specified in a separate agreement or as predefined based on the product category or inputted amount in the Merchant Registration Form. The commission percentage will be defined per the terms agreed upon or preset for the specific category.
  • The remaining balance will be transferred to the Merchant within 14 days of receiving full customer payment.
  • For urgent fulfilment, payment will be made within 7 days upon receipt of a valid invoice.
  • The Merchant must provide an invoice for each booking.
  1. Non-Solicitation
    In the event of termination, the Merchant and its affiliates agree not to directly or indirectly contact, solicit, or engage with any clients listed and submitted by ReserveDaily for a period of twelve (12) months.
  1. Dispute Resolution
    Any disputes arising under this Agreement shall first be resolved through good-faith negotiations. If unresolved within 30 days, either party may seek resolution through arbitration under Malaysian law.
  1. Governing Law
    This Agreement shall be governed by and construed in accordance with Malaysian law.