Terms of Services

Effective starting 21st July 2021

Last updated: 15th August 2026

These Terms of Services (Terms) govern your access to and use of Orderla.co, Orderla Commerce, Orderla FOS, and related websites, dashboards, APIs, and mobile applications (together, the Services).

In these Terms, we, us or our means IREKA SOFT ENTERPRISE, owner of Orderla.co. You means the person or organisation using the Services.

By creating an account, accessing, or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. The Services

Orderla provides software for merchants to take orders, manage catalogues, process payments, run loyalty and membership programmes, and operate related storefronts, ordering forms, and food-ordering workflows.

We may add, change, or discontinue features from time to time. We do not guarantee that any particular feature will remain available.

You are responsible for obtaining and maintaining the devices, internet access, and third-party accounts needed to use the Services.

2. Accounts

You must provide accurate information when you register and keep it up to date.

You are responsible for:

1. maintaining the confidentiality of your login credentials,
2. all activity that occurs under your account, including activity by staff or collaborators you invite, and
3. notifying us promptly if you suspect unauthorised access.

We may refuse, suspend, or close an account if we reasonably believe these Terms have been breached, the account is used for fraud or abuse, or we are required to do so by law.

If you use the Services on behalf of a business, you confirm that you have authority to bind that business to these Terms.

3. Merchant stores and customer data

If you operate a store, webstore, form, or F&B outlet on the Services, you are the merchant. You are responsible for:

1. the products, prices, descriptions, images, and other content you publish,
2. fulfilling orders, refunds, exchanges, shipping, and customer support,
3. taxes, licences, and any industry rules that apply to your business,
4. the privacy notices, policies, and consents you present to your customers, and
5. personal data you collect from your customers through the Services.

We provide the platform. We are not a party to the contract between you and your customers, except where we act as a technical service provider (for example, to process a payment through a payment partner).

Your customers’ use of a storefront or ordering app may also be subject to your own store policies.

4. Acceptable use

You must not:

1. use the Services for unlawful, fraudulent, or harmful activity,
2. upload malware, scrape the Services in an abusive way, or attempt to bypass security or access controls,
3. infringe another person’s intellectual property, privacy, or other rights,
4. send spam or unsolicited marketing except as permitted by law and by the relevant messaging or WhatsApp provider rules,
5. resell, sublicense, or provide the Services to third parties as your own product without our written consent, or
6. use the Services in a way that interferes with other users or our infrastructure.

We may remove content or restrict access where we reasonably believe this section has been breached.

5. Subscriptions, fees, and payments

Paid plans, usage charges, and add-ons are billed according to the pricing shown at signup or in your dashboard, unless we agree otherwise in writing.

Fees are generally non-refundable except where required by law or where we state otherwise.

If payment fails, we may suspend the Services until the outstanding amount is paid. You remain responsible for fees incurred up to the date of cancellation or suspension.

Payment processing for your customers (for example card, e-wallet, or other gateways) is provided by third-party payment partners. Those partners have their own terms. We are not responsible for a payment partner’s outage, reversal, chargeback, or account hold.

6. Your content

You retain ownership of content you upload to the Services, including product information, images, logos, and customer records you collect (Your Content).

You grant us a limited licence to host, store, back up, display, and process Your Content only as needed to provide, maintain, and improve the Services, and to comply with law.

You represent that you have the rights needed to upload Your Content and to grant this licence.

We may create anonymised or aggregated statistics from use of the Services (for example overall GMV or order volumes). That aggregated information is not personal information and may be used to operate and describe the Services.

7. Our intellectual property

The Services, including software, design, trademarks, and documentation, are owned by us or our licensors. These Terms do not transfer any ownership to you.

You may not copy, reverse engineer, or create derivative works from the Services except as allowed by law.

8. Third-party services

The Services may connect to third parties such as payment gateways, shipping providers, WhatsApp or messaging platforms, analytics, hosting, and app stores.

Your use of those services is subject to their terms. We are not responsible for third-party products, outages, or changes they make to their APIs or policies.

9. Mobile applications and location

Some features, including Orderla FOS mobile apps, may request device permissions such as location, camera, or notifications.

Location data is used to support features such as nearby merchants, pickup or delivery, and related estimates. You can control location access in your device settings. Disabling a permission may limit parts of the Services.

Further detail is in our Privacy Policy.

10. Availability and support

We aim to keep the Services available, but we do not warrant uninterrupted or error-free operation. Planned maintenance, failures of hosting or internet providers, and events outside our reasonable control may cause downtime.

We may provide support through the channels we publish from time to time. We do not guarantee a particular response time unless we have a separate written agreement with you.

11. Disclaimer

The Services are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will meet your revenue, uptime, or business targets.

12. Limitation of liability

To the fullest extent permitted by law:

1. we are not liable for indirect, incidental, special, consequential, or punitive losses, or for lost profits, lost sales, lost data, or business interruption, even if we were advised of the possibility; and
2. our total liability arising out of or relating to the Services is limited to the fees you paid us for the Services in the three (3) months before the claim.

Nothing in these Terms excludes liability that cannot be excluded under Malaysian law, including for fraud or for death or personal injury caused by negligence.

13. Indemnity

You will indemnify and hold us harmless from claims, losses, and reasonable costs arising from:

1. Your Content,
2. your store, products, orders, or dealings with your customers,
3. your breach of these Terms, or
4. your violation of law or third-party rights.

14. Suspension and termination

You may stop using the Services and close your account at any time, subject to any outstanding fees.

We may suspend or terminate access immediately if you breach these Terms, if required by law, or if continuing to provide the Services would create a legal or security risk.

After termination, your right to use the Services ends. We may delete or retain data as described in the Privacy Policy and as required for legal, billing, or security purposes. You are responsible for exporting any data you need before closure, where export is available.

15. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the “Last updated” date.

If a change is material, we may also notify you using the contact details on your account. Continued use of the Services after the updated Terms take effect constitutes acceptance.

16. Governing law

These Terms are governed by the laws of Malaysia. The courts of Malaysia have exclusive jurisdiction over disputes arising from these Terms or the Services, without prejudice to any non-excludable consumer rights.

17. General

If a provision of these Terms is held unenforceable, the remaining provisions remain in effect.

These Terms are the entire agreement between you and us for the Services, and replace prior terms for the same subject, except for a separate written contract that expressly overrides these Terms.

You may not assign these Terms without our consent. We may assign them in connection with a reorganisation, sale, or transfer of the Services.

Contact

If you have questions about these Terms, please contact us through orderla.co.

Related: Privacy Policy