Who this agreement is between
This Vendor Agreement (the 'Agreement') is between Yes Can Do Sdn Bhd (registration no. 202101022325 (1422625-W)), doing business as tapow.my ('Tapow', 'we', 'us'), and the business that applies to sell on the tapow.my platform (the 'Vendor', 'you').
You accept this Agreement by confirming acceptance when you submit a vendor application at tapow.my/apply, or by continuing to sell on the platform after we notify you that this Agreement applies. The date and time of your acceptance is recorded with your application. This Agreement takes effect for you when we approve your application and your venue goes live.
Our customer-facing Terms & Conditions, Privacy Policy, and Refund Policy are part of the platform's operation and this Agreement assumes them. Where this Agreement and the Terms conflict on a Vendor matter, this Agreement prevails.
Status: this Agreement is in effect. If any clause changes, we will notify all Vendors per Section 14 before the change takes effect, and we will never apply a change retroactively to orders already placed.
The relationship
You are the seller of record. Every order placed through the platform is a sale by you to the customer. You are responsible for the food and drink you sell: its preparation, quality, safety, and the accuracy of how it is described.
We are your platform and limited payment collection agent. We provide the ordering technology (web ordering, WhatsApp ordering, the vendor dashboard, kitchen ticket printing), collect payment from customers on your behalf, and arrange delivery through third-party couriers. Payment by a customer to us discharges the customer's payment obligation to you for that order; our corresponding obligation is to pay you your share per Section 07.
What we are not. Nothing in this Agreement creates a partnership, joint venture, franchise, or employment relationship between us. You do not have authority to act on our behalf, and outside the limited payment collection agency above, we do not act on yours. You remain free to sell through any other channel, including other platforms.
Joining tapow.my
To sell on tapow.my you must:
- Be a business registered in Malaysia (SSM registration, or company registration under the Companies Act 2016) and provide your registration number and certificate;
- Provide accurate business, contact, location, and payout bank details in your application, and keep them current while you sell on the platform (bank detail changes are handled person-to-person through our support line, on purpose);
- Hold and maintain every licence, permit, and registration your business needs to operate and to sell the items you list; and
- Be represented by someone with authority to bind the business to this Agreement.
We may approve or decline applications at our discretion, and we may ask for additional verification at any time. We are required by consumer protection regulations to keep records of the businesses selling on the platform, including registration details and transaction records, for at least three years; our Privacy Policy covers how vendor data is handled.
Your store on tapow.my
Your content. You control your menu, item prices, options, photos, descriptions, opening hours, and closures through the vendor dashboard (or with our team's help). You warrant that everything you publish is accurate, lawful, yours to use, and not misleading, including any dietary, allergen, or halal claims, which are made by you and not verified by us.
Keep it current. Update your menu and availability so customers cannot order what you cannot make. Mark items sold out (the dashboard's snooze/86 tools) rather than letting orders fail; if an item in a paid order cannot be made, the item is refunded to the customer per the Refund Policy.
Listing. We decide how and where venues appear on discovery surfaces. We may unlist a venue that is not ready to take orders (for example: no reachable phone, empty menu, repeated fulfilment failures) until the issue is fixed.
Pricing parity is not required. You set your prices on tapow.my; we do not require them to match your other channels.
Orders & fulfilment
Auto-accept. Orders are paid before they reach you and are committed at payment: there is no accept/reject step. Your kitchen ticket prints (or appears on your dashboard) the moment the order lands, and you agree to prepare orders promptly during your stated opening hours.
If you cannot fulfil. If you cannot make an item, remove it from the order and the customer is refunded for it. If you cannot fulfil an order at all, cancel it as early as possible; the customer receives a full refund. Repeated cancellations and fulfilment failures can lead to unlisting or suspension under Section 12.
Delivery handover. For delivery orders, hand the complete, properly packed order to the courier we dispatch. Packaging that survives delivery is your responsibility; the journey itself is the courier's.
Pickup handover. For pickup orders, hand the order to the customer who presents the matching order number/name.
Equipment. We supply no hardware. Kitchen ticket printing runs on your own printer (or a device we help you configure); keeping your tablet, phone, printer, and internet working is your responsibility, and orders keep landing (and remain payable by you to fulfil) while your hardware is down unless you pause the store.
Pausing. You can pause orders or close early from the dashboard at any time; be honest with it rather than letting orders land you cannot cook.
Food safety & compliance
You are solely responsible for complying with all laws applicable to your business, including food safety and hygiene law (Food Act 1983 and regulations), licensing, labour, and halal certification law where you make halal claims. You agree to:
- Prepare, store, and pack food safely and in compliance with applicable law;
- Only make halal, dietary, or allergen claims you can substantiate;
- Notify us promptly if a licence or registration relevant to your listing is suspended, revoked, or lapses, or if a food safety incident involves an order from the platform; and
- Cooperate with any regulator inquiry involving platform orders.
Fees
Our commission on your sales through the platform:
- Delivery orders: 10% of the food subtotal (after your discounts, before customer-side fees and taxes).
- Pickup orders: 5% of the food subtotal (after your discounts, before customer-side fees and taxes).
The commission rate in effect when an order is placed is the rate for that order; a rate change never applies retroactively.
What never touches your money:
- The RM1.00 platform fee customers pay per order is charged by us to the customer, not to you.
- The delivery fee customers pay on delivery orders funds the courier, not us. The exception is when no rider can be assigned and you choose to deliver the order yourself: then the delivery fee is yours to keep.
- Card and payment processing costs are absorbed by us.
There is no signup fee, no monthly fee, and no hardware cost. Promotions and discounts you run are funded by you and come off your food sales before commission is calculated. That includes free-delivery promotions: if you run one, the courier still gets paid and the cost comes off your food sales, so treat it as a discount of that size rather than a free giveaway.
Changing the rates. We may change commission rates or introduce new fees only with at least 30 days' written notice (WhatsApp or email). If you do not accept a change, you may terminate this Agreement under Section 12 before it takes effect; continuing to sell after the effective date constitutes acceptance.
Payouts
We collect customer payments on your behalf and pay you weekly:
- A payout cycle runs Monday to Sunday.
- Your payout for a cycle is: food sales, minus your discounts, minus our commission, minus refunds allocated to you (per Section 08), plus any SST collected on your orders where you are SST-registered.
- Payouts are transferred by DuitNow to the bank account on your application, expected on the Monday after the cycle ends. Before your first payout we confirm your bank details with you directly.
We prepare and send each transfer by hand today rather than through an automated payout system, which is why we confirm your details with you first and why the timing above is our commitment rather than a machine's promise. If a transfer is going to be late, we tell you.
The dashboard's Payouts view shows the running cycle and past weeks with per-order detail and CSV export. Those figures are estimates built from your order records, and they do not yet reflect the SST line or the refund and commission treatment in Section 08; the bank transfer and your bank statement are authoritative. If you dispute a payout, tell us within 30 days of the transfer and we will reconcile it with you at order level.
We may withhold or offset amounts we reasonably believe relate to fraud, chargebacks under investigation, or sums you owe us under this Agreement, and will tell you when we do.
Refunds between us
Customer refunds are issued to the customer's original payment method per the Refund Policy. As between you and us, each refund is funded in full by whichever party caused it. Refunds are not split by percentage; the full refund amount lands in one bucket:
- You fund refunds caused in the kitchen: wrong or missing items, quality problems, items unavailable after payment, and orders your venue cancels. These are deducted from your payout in the cycle the refund is processed.
- We fund refunds caused by the platform or payment processing: app or system errors, double charges, pricing bugs, and payments landing on cancelled or superseded links. These never touch your payout.
- We fund refunds caused by couriers (failed delivery, spillage, lost orders): we refund the customer upfront and pursue recovery from the courier ourselves. You are never out of pocket for a courier failure. During the pilot period, if a rider problem wastes food you have already cooked, we also reimburse your food cost for that order, up to RM150 per incident, on request through our WhatsApp line.
Where the cause of a refund is genuinely unclear, we decide the allocation in good faith, and we absorb the ambiguous cases. The same applies to refunds we choose to give as goodwill where neither of us was at fault, for example where a customer gave the wrong address: those come out of our side, not your payout.
Commission on refunded orders. If an order is refunded in full, we charge no commission on it; any commission already deducted for that order is credited back in your next payout. On a partial refund, commission applies only to the portion of the food subtotal you retain.
In all cases: refunds on discounted orders are calculated on the amount the customer actually paid, and the customer-side platform fee and delivery fee on a fully refunded order are never charged to you.
Being straight with you about the tooling: your dashboard records each refund and its reason, but it does not yet tag which side we allocated it to, and its payout estimate does not yet apply the commission reversal above. Until that is built, we apply this section by hand when we prepare your transfer, and the amount we actually transfer is what governs. If a payout ever looks wrong against this section, message us and we will walk through the order list with you and correct it.
Taxes
You are responsible for your own taxes, including income tax and SST. If you are SST-registered, provide your SST registration number (at application or in Manager Settings); the platform then charges customers 6% SST on your orders. That SST is yours: we collect it on your behalf and pass it to you in full, and you account for it to the authorities. We never take commission on it. It is tracked as its own line in your reports and payout exports rather than folded into your food sales, so read it alongside the payout figure. If you are not SST-registered, no SST is charged on your orders. You warrant your SST registration status is accurately reflected on the platform at all times. Where e-invoicing obligations (MyInvois) apply to your sales, complying with them is your responsibility; we provide order records to help.
Customer data
Fulfilling orders means you receive customer personal data: names, order contents, and for delivery, addresses and phone numbers. You agree to:
- Use that data only to fulfil and support the order it came with;
- Not copy it off the platform, build marketing lists from it, sell it, or contact customers for any purpose beyond the order;
- Protect it from unauthorised access while it is in your hands (including printed kitchen tickets); and
- Notify us within 24 hours if you become aware of loss, theft, or unauthorised access to customer data received through the platform.
Both parties will comply with the Personal Data Protection Act 2010 in respect of personal data processed under this Agreement. Our Privacy Policy describes the platform's processing, including of your vendor data.
Branding & content
You retain ownership of your business name, logo, menu content, and photos. You grant us a non-exclusive, royalty-free licence to host, display, reproduce, and adapt them (for example, resizing photos or rendering your menu into coded menu cards) on the platform and in promoting the platform and your venue on it, for the duration of this Agreement. We will not use your brand to endorse anything unrelated without your consent.
The tapow.my brand, software, dashboards, and all platform data structures remain our property. Order records are platform records: you have access to your own orders and reports (including exports) during and, on request within a reasonable period, after the Agreement.
Term, suspension & ending
Term. This Agreement runs from your venue going live until terminated.
Termination for convenience. Either party may terminate with 30 days' written notice (WhatsApp or email suffices). There is no exit fee.
Suspension. We may suspend or unlist your venue immediately, with notice to you, where we reasonably believe there is: a food safety risk; fraud or misuse of the platform; loss of a required licence or registration; repeated serious fulfilment failures; or a legal or regulatory requirement to do so. We lift suspensions promptly when the cause is resolved.
Termination for cause. Either party may terminate immediately if the other materially breaches this Agreement and fails to cure the breach within 14 days of written notice, or immediately without a cure period for fraud or unlawful conduct.
Effect of ending. On termination: your venue is unlisted; orders already paid are fulfilled or refunded per the Refund Policy; and all amounts you have earned, less amounts properly deducted under this Agreement, are paid out on the normal payout schedule (or sooner at our discretion). Sections that by nature survive (payment reconciliation, data obligations, liability, disputes) survive termination. We retain vendor records as required by law (see Section 02).
Liability & indemnity
Your indemnity. You will indemnify us against third-party claims (including customer and regulator claims) arising from the food and drink you sell, your content and claims about it, your breach of this Agreement, or your violation of law, including reasonable legal costs.
Our responsibility. We are responsible for operating the platform with reasonable skill and care and for paying you per Section 07. We are not liable for courier conduct beyond arranging dispatch with reasonable care, or for customer behaviour.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE TO THE OTHER FOR INDIRECT OR CONSEQUENTIAL LOSS, INCLUDING LOST PROFITS OR REVENUE. OUR TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT (OTHER THAN OUR OBLIGATION TO PAY OUT AMOUNTS COLLECTED ON YOUR BEHALF, WHICH IS NOT CAPPED) IS LIMITED TO THE TOTAL COMMISSION WE EARNED FROM YOUR VENUE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.
Changes to this agreement
We may amend this Agreement with at least 30 days' written notice to you (WhatsApp or email), stating what is changing and when. If you do not accept an amendment, you may terminate under Section 12 before its effective date. Continuing to sell on the platform after the effective date constitutes acceptance. Amendments never apply retroactively to orders already placed.
General
This Agreement, together with the platform policies it references (Terms, Privacy Policy, Refund Policy), is the entire agreement between the parties on its subject matter and supersedes prior discussions. Neither party may assign this Agreement without the other's consent, except that we may assign to an affiliate or in connection with a merger or sale of the business. A failure to enforce a right is not a waiver of it. If any provision is unenforceable, the rest remains in effect. Neither party is liable for delay or failure caused by events beyond its reasonable control. Notices may be given by WhatsApp to the numbers on record, by email, or in writing to the addresses on record, and are effective when received. Electronic acceptance (including the application checkbox) is valid and binding consistent with the Electronic Commerce Act 2006.
Governing law & disputes
This Agreement is governed by the laws of Malaysia. The parties will first attempt in good faith to resolve any dispute arising out of or in connection with this Agreement through negotiation for at least 30 days from written notice of the dispute. Any dispute not resolved by negotiation is subject to the exclusive jurisdiction of the courts of Malaysia.
Contact
Taman Danau Desa, Kuala Lumpur 58100, Malaysia