Terms of use for diners

Last updated: [date]

These terms apply when you use the cooked app. cooked is run by [owner's full legal name], trading as cooked (SSM business registration No. [ ]), [business address] ("cooked", "we", "us"). By creating an account or claiming an offer, you agree to these terms and to our Privacy Notice (link to be added).

1. What cooked is

1.1 cooked lists off-peak discounts from restaurants and cafés ("venues"). You claim an offer in the app, walk in during the offer's time slot, and pay the discounted bill in the app.

1.2 The venue is the seller. The venue prepares and serves your food and drink and is responsible for its quality, safety, allergen information and halal status. cooked lists the offer and collects your payment on the venue's behalf. Paying cooked in the app counts as paying the venue for that bill.

1.3 cooked is not a booking service. A claim does not reserve a particular table. The venue has agreed to honour claims made while its offer is live (see section 12).

2. Who can use cooked

2.1 You must be 18 or older and able to enter into a contract under Malaysian law.

2.2 You may have one account only. You sign in with Apple, Google, or your email and a one-time code. Keep your sign-in secure. You are responsible for anything done through your account.

3. Offers

3.1 Each offer shows the venue, the discount and a time slot (for example "40% off, 2:00–5:00pm"). The discount applies to your whole printed bill, including food, drinks, service charge and SST. There is no minimum spend and no maximum discount.

3.1A Items already on discount. Some venues may exclude items they already sell at a discount, such as happy-hour drinks or set lunches. If you order any, the venue will give you two bills: one for the items the offer covers, which you pay in the app, and one for the excluded items, which you pay directly to the venue at its normal price. Type only the total of the first bill into the app.

3.2 Offers are limited and can be paused or changed by the venue at any time. A change does not affect an offer you have already claimed.

4. Claiming an offer

4.1 To claim, you need a saved credit or debit card. We use it for your payment and for any cancellation or no-show fee (section 6).

4.2 You choose your party size when you claim. You may hold up to 3 active claims at a time (claimed or checked in, not yet paid), and only one claim per offer. Paying, cancelling or missing a claim frees that spot.

4.3 You can't claim an offer after its time slot has ended.

5. Arriving and checking in

5.1 The offer's time slot is your arrival window. You must check in at the venue during that slot by tapping "I've arrived". Check-in won't open before the slot starts, and it closes when the slot ends.

5.2 Check-in uses your phone's location to confirm you are at the venue (within about 150 metres). You need to allow location access for this.

5.3 Getting to the venue in time is your responsibility. If you can't check in before the slot ends, the claim counts as a no-show (section 6).

6. Cancellations and no-shows

6.1 Free cancellation until 1 hour before the slot ends. For a 2:00–5:00pm slot, you can cancel for free until 4:00pm. The app shows this time when you claim.

6.2 There is no free cancellation if:

• the slot is 60 minutes long or shorter, or
• you claim after the free-cancellation time has passed.

The app tells you before you confirm such a claim.

6.3 If you cancel after the free-cancellation time, don't check in before the slot ends, or check in but don't pay in the app within 6 hours (7.1), we charge a fee of RM5 to your saved card. This fee is paid to cooked, not to the venue, and it reflects the table the venue held for you. No service fee is added to it, and vouchers can't be used to pay it.

6.4 If you think a fee was charged unfairly (for example, the venue was closed), contact us through the app within 7 days and we will review it.

7. Paying your bill

7.1 After checking in, eat as normal. When you are ready to pay, open your claim in the app, tap Pay bill and type the total printed on your bill exactly. The app shows the discount, any welcome reward or voucher, and the service fee, and charges the total to your card. Pay within 6 hours of checking in. We'll remind you 30 minutes before. If you haven't paid by then, the claim closes as unpaid and we charge the RM5 fee in section 6.3. If you paid the venue directly instead, the offer doesn't apply (7.4).

7.2 Show the PAID screen to staff. It shows the full bill amount and the date and time you paid, like a till receipt. Don't close the app until staff have checked it. Staff won't see your discount.

7.3 The app may check your location when you pay. It won't let you pay if you are clearly far from the venue.

7.4 If you can't pay in the app (for example, no signal or a declined card), you must pay the venue directly at its normal price, and the offer won't apply. cooked cannot refund the difference later.

7.5 Service fee. cooked charges a service fee of 3.25% of the amount you pay for your bill, after the discount and any welcome reward or voucher, with a minimum of RM1.90. It applies to bills only, not to cancellation or no-show fees. The fee is shown on the Pay screen before you confirm. It is charged together with your bill and goes to cooked, not to the venue. If your payment is corrected (section 8), the fee is recalculated on the correct amount. The fee is refunded only if your payment is refunded in full.

7.6 Card payments are processed by our payment partners (currently [Billplz Sdn Bhd]). We never store your full card details. We may change payment partner. If we do, we may ask you to confirm your card once, or, where our partners can do this securely, move your saved card to the new partner without you re-entering it.

8. Wrong amounts

8.1 If the amount you entered was wrong, report it straight away using "Wrong amount?" on the PAID screen or "Report a problem" on the claim.

8.2 We confirm the correct bill total with the venue. If you paid too much, we refund the difference to your card. If you paid too little, we will ask you to approve a charge for the difference. We will not charge you more without your approval.

8.3 Deliberately entering a lower amount than your bill is fraud. We may refuse future claims, close your account, recover the amount owed and report the matter to the police.

9. Welcome reward

9.1 New diners get one welcome reward. It makes one claim of your choice 50% off your printed bill. The venue's discount applies as normal, and cooked adds the rest, up to RM20.

9.2 You choose when to use it. It is not applied automatically. To use it, activate it on one of your active claims, from My claims or from the claim's screen. You can only use it on an offer under 50% off, because at 50% or more it adds nothing.

9.3 Until that claim is paid, you can move the reward to another claim or remove it. If you cancel the claim, or it becomes a no-show, the reward goes back to you.

9.4 The reward:

• is limited to one per person. We may refuse it if your card, device or details have already been used for a welcome reward;
• expires 30 days after you create your account;
• can't be used together with a voucher on the same bill;
• cannot be exchanged for cash or transferred.

9.5 If a payment that used the reward is corrected (section 8), the reward is recalculated on the correct total, and cooked's share stays capped at RM20.

9.6 We may change or end the welcome reward at any time. This won't affect a reward already used on a payment. If we believe the reward is being abused (for example, through multiple accounts), we may cancel it and charge the amount it saved you to your card.

10. Vouchers

10.1 We may sometimes give you a voucher, for example as an apology. A voucher takes a fixed amount (for example RM5 off) off one bill.

10.2 A voucher:

• is not applied automatically. You choose which claim to use it on by activating it in the app, and you can move or remove it until that claim is paid. If you cancel the claim, or it becomes a no-show, the voucher goes back to you;
• can't be used on the same bill as your welcome reward or another voucher;
• comes off your bill before the service fee is worked out;
• is used up in one go. If it's worth more than your bill, the rest is lost;
• can't pay a cancellation or no-show fee;
• is free, has no cash value, can't be transferred, and expires on the date shown in the app.

10.3 You can't add your own money to cooked.

11. Refunds and complaints

11.1 Complaints about food, drink or service go to the venue first. The venue is responsible for what it serves.

11.2 We refund you if:

• you were charged twice or charged the wrong amount (section 8);
• the venue was closed during the slot, or refused to honour your checked-in claim. We also waive any fee and may give you a voucher;
• the law requires a refund.

11.3 Refunds go back to the card you paid with. Your bank may take [5–14] business days to show them.

11.4 Contact us through the app or at [support email].

12. Venues

12.1 Venues have agreed with cooked to honour claims, include their whole menu in offers, and charge you no more than their normal dine-in prices.

12.2 Menu, photos, prices, opening hours, halal status and allergen information come from the venue. We take reasonable care, but we can't guarantee they are accurate. If you have an allergy or dietary requirement, tell the venue's staff before you order.

13. Your conduct

13.1 Please treat venue staff with respect. We may close your account or refuse future claims if you:

• abuse staff, or behave unlawfully or dangerously at a venue;
• misuse the app, for example with false locations, fake PAID screens or multiple accounts;
• have repeated no-shows or chargebacks without good reason.

14. Your personal data

14.1 We handle your personal data as described in our Privacy Notice, under the Personal Data Protection Act 2010. When you claim an offer, we share your claim code, party size and claim status with the venue so that it can serve you. We don't ask for your name, and venues never see your email. We share your payment details only with our payment partners. If cooked moves to a new company or is sold (section 17.2), your personal data moves with it, under the same protections.

15. Our responsibility to you

15.1 Nothing in these terms limits rights you have under the Consumer Protection Act 1999 or any other law that can't be excluded.

15.2 Within those limits:

• the app is provided "as available". It may sometimes be unavailable or have errors;
• we are not responsible for the food, drink or service a venue provides (section 1.2), or for losses caused by events outside our reasonable control;
• our total liability to you for any claim about a transaction is limited to the amount you paid in the app for that transaction, plus any fee we charged you.

16. Ending your account

16.1 You can delete your account at any time in the app. Fees owed before deletion still apply.

16.2 We may suspend or close your account if you break these terms. Where we reasonably can, we will tell you why.

17. Changes to these terms

17.1 We may update these terms. If a change is significant, we will tell you in the app or by email at least [14] days before it takes effect. If you keep using cooked after that, you accept the new terms.

17.2 Moving cooked to a company. cooked is currently run by a sole proprietor. We may transfer cooked, these terms and your account, including your saved payment details (through our payment partners), to a company we set up to run cooked (for example Cooked Technologies Sdn. Bhd.) or to a buyer of the business. We'll tell you before it happens, and your rights under these terms won't be reduced.

18. Law and disputes

18.1 These terms are governed by the laws of Malaysia. If we can't resolve a complaint with you, you may take it to the Tribunal for Consumer Claims Malaysia or to the courts of Malaysia.

18.2 These terms are written in English. If we provide a translation, the English version prevails if the two differ.

For the lawyer reviewing this draft:

• Party and clause 17.2: cooked starts as a sole proprietorship and moves to Cooked Technologies Sdn. Bhd. later. Check that clause 17.2 lets the account, saved cards and data move without fresh consent from each diner (PDPA, card-scheme rules on stored cards).
• Clause 1.2 (payment collection on the venue's behalf): check that cooked's role as the venue's limited payment collection agent is consistent with Bank Negara's payment rules and with Billplz's merchant terms.
• Clause 6.3 (no-show fee): check it's enforceable as a reasonable pre-estimate rather than a penalty (Contracts Act 1950, s.75).
• Section 15: check it complies with the unfair-terms rules in Part IIIA of the Consumer Protection Act 1999.
• Privacy Notice: still to be written, in English and Bahasa Malaysia, as PDPA requires.