Terms & Conditions

1. About these terms

These Terms & Conditions (the "Terms") govern your access to and use of the SantaiPOS website, back office, point-of-sale register and related services (together, the "Service"), provided by Merpati High Tech Enterprise (Registration No. 003460480-P) ("we", "us" or "our").

By creating an account, signing in with Google, or using the Service, you agree to these Terms, our Privacy Notice and our Cookie Policy. If you use the Service on behalf of a business, "you" means that business, and you confirm you are authorised to bind it. If you don't agree, please don't use the Service.

These Terms form a contract made by electronic means, which is valid and enforceable under the Electronic Commerce Act 2006 and the Contracts Act 1950.

2. Eligibility and your account

• You must be at least 18 years old (the age of majority under the Age of Majority Act 1971) and use the Service for business purposes.
• You must give accurate, current information when you register, and keep it up to date.
• You are responsible for keeping your password and devices secure, and for everything done under your account, including by staff you invite.
• Tell us straight away at [email protected] if you suspect unauthorised access to your account.

3. The Service

SantaiPOS lets you run sales at the counter, manage items and inventory, invite staff with roles, view reports, and accept QR payments. We may improve, change or discontinue features from time to time. If we remove a feature that is material to your paid plan, we will give you reasonable notice.

You are responsible for the equipment, internet connection and browser you use to access the Service, and for your own business obligations, such as issuing receipts, keeping accounting records, charging and reporting tax, and complying with laws that apply to your products and trade.

4. Free trial

Each new business may use the Service free of charge for 60 days with the limits of the Pro plan. No payment card is required to start a trial. When the trial ends, you need to choose a paid plan to keep selling. We may refuse or end a trial if we reasonably believe it is being abused, for example by repeatedly creating new businesses.

5. Plans, fees and payment

Our current plans are:

Staff who only sell at the register, with a username and PIN, aren't limited. Back-office managers are managers who can also sign in to the back office, besides the account owner.

You can add to a plan, by the month: extra outlets, which come with the plan's devices per outlet, on plans below 20 outlets ; and extra devices, which any of your outlets can use .

The price of your plan and of any extras depends on what your business needs. We agree it with you, in writing (for example by email or WhatsApp), before you pay, and it stays the same for the period you've paid for.

• Fees are charged in Ringgit Malaysia (RM), in advance, for the period you choose when you pay us.
• Fees are exclusive of Sales and Service Tax (SST) unless stated otherwise. Where SST applies under the Service Tax Act 2018, it will be added at the prevailing rate and shown on your invoice.
• You pay us directly, by a method we agree with you. Once we've received payment we set up your plan, and the Plan & billing page shows the date it's paid until. We will issue invoices, and e-Invoices where required by the Inland Revenue Board of Malaysia (LHDN).
• To change plan or add extras, contact us. If a smaller plan allows fewer outlets, devices or back-office managers than you're using, you'll need to archive outlets, disconnect devices or switch off managers' back-office sign-in before we move you to it.
• If your plan isn't renewed by its paid-until date, your account keeps working for 7 days. After that, we may restrict access until you renew; your records are kept.
• We may change our prices. We will tell you at least 30 days before a price change affects you, and the new price will apply from your next billing period after that notice. If you don't agree, you may cancel before it takes effect.

6. Cancellation and refunds

• You may stop at any time by not renewing. Your plan runs until its paid-until date, and you won't be charged again.
• Fees already paid are non-refundable, including for partial months or unused features, except where we are at fault (for example, a duplicate charge) or where a refund is required by law.

7. Accepting payments from your customers

QR payments (such as card, FPX and GrabPay) are provided through Stripe. To use them, you must create and maintain a Stripe account and agree to Stripe's own terms. You are the seller in every sale you make; we are not a party to transactions between you and your customers and are not responsible for chargebacks, refunds or disputes about your goods or services. Payment-processing fees and any platform fee are shown to you before you enable payments.

8. Your data

• You own the business data you put into the Service, such as items, prices, sales and staff records ("Your Data"). You grant us a limited licence to host, process and display Your Data only to provide and improve the Service.
• Where Your Data includes personal data about your staff or customers, you are the data user responsible for it under the Personal Data Protection Act 2010 ("PDPA"), including giving any required notices and obtaining consent. We process that personal data on your behalf, only on your instructions, and keep it secure as a data processor under the PDPA.
• Personal data about you as our customer is handled as described in our Privacy Notice.
• You may export your records while your account is active. After your account is closed, we keep Your Data for 30 days so you can recover or export it, then delete or anonymise it, except where we must keep records by law.

9. Acceptable use

You agree not to:

• use the Service for anything unlawful, fraudulent, or in breach of the Communications and Multimedia Act 1998 or any other law of Malaysia;
• sell goods or services that are prohibited by Malaysian law or by our payment provider;
• access or try to access another business's data, or bypass any security or usage limit;
• copy, reverse engineer, resell or sublicense the Service, except as the law expressly allows;
• upload malware or interfere with the Service, or overload it with automated requests;
• use the Service to send spam or to collect personal data unlawfully.

10. Intellectual property

The Service, including its software, design, logos and content (other than Your Data), belongs to us or our licensors and is protected by the Copyright Act 1987 and other intellectual property laws. Subject to these Terms, we give you a non-exclusive, non-transferable right to use the Service for your business during your subscription. If you send us feedback, we may use it without obligation to you.

11. Availability and support

We aim to keep the Service available at all times but cannot guarantee it will be uninterrupted or error-free. We may carry out planned maintenance, and will try to schedule it outside peak trading hours. Support is provided by email at [email protected].

12. Warranties and consumer law

We will provide the Service with reasonable care and skill. Apart from that, and to the extent permitted by law, the Service is provided "as is" and "as available", and we do not give any other warranty, express or implied.

The Service is supplied for business purposes. Accordingly, to the extent permitted by section 2(2) of the Consumer Protection Act 1999, the provisions of that Act do not apply. Nothing in these Terms excludes or limits any right or remedy that cannot lawfully be excluded or limited.

13. Limitation of liability

• We are not liable for any loss of profits, revenue, business, goodwill or data, or for any indirect or consequential loss.
• Our total liability to you for all claims in any 12-month period is limited to the fees you paid us in that period.
• Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or any other liability that cannot be limited by law.

14. Indemnity

You agree to compensate us for reasonable losses, costs and claims arising from your breach of these Terms, from Your Data, or from your dealings with your customers, except to the extent caused by us.

15. Suspension and termination

We may suspend or close your account, with notice where practicable, if you seriously or repeatedly breach these Terms, don't pay fees when due, or if we must do so to comply with the law or a lawful request from an authority. You may close your account at any time by cancelling your subscription and emailing [email protected]. Sections 8, 10, 12, 13, 14 and 18 continue after termination.

16. Changes to these terms

We may update these Terms from time to time. For material changes, we will notify you by email or in the Service at least 30 days before they take effect. If you continue to use the Service after that date, the updated Terms apply. If you don't agree, you may cancel before they take effect.

17. Notices and electronic communications

You agree to receive notices, invoices and other communications from us electronically, by email to the address on your account or in the Service. Notices to us should be sent to [email protected].

18. Governing law and disputes

These Terms are governed by the laws of Malaysia. If a dispute arises, we will first try in good faith to settle it by discussion within 30 days. If it cannot be settled, it will be subject to the exclusive jurisdiction of the courts of Malaysia.

19. General

• Entire agreement. These Terms, together with the Privacy Notice and Cookie Policy, are the whole agreement between you and us about the Service.
• Severability. If any part of these Terms is found unenforceable, the rest remains in force.
• Assignment. You may not transfer your rights under these Terms without our consent. We may transfer them as part of a reorganisation or sale of our business, with notice to you.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
• Language. If these Terms are translated into Bahasa Malaysia or another language, the English version prevails if there is any inconsistency, to the extent permitted by law.

20. Contact us