M3 Analytics APP TERMS ANDCONDITIONS IMPORTANT LEGAL NOTICE
This page sets out the terms and conditions ("/APP Terms") on which we, Merchant Mate Sdh Bhd (202001008655(1364975-A)) ("we", "us" or " M3 Analytics "), provide our services on M3 Analytics application through which you access our services. Please read these Terms carefully before using the App to communicate with your Loyalty Merchants.
We reserve the right to change these Terms from time to time by changing them on this page. We adviseyou to print a copy of these Terms for future reference. These Terms are only in the English language.
Use of your personal information submitted via the is governed by our Privacy Policy.
For the avoidance of doubt, please note that references to "" in these Terms include any current or future version of our M3 Analytics application through which you access our or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile , mobile application, affiliate or related for accessing our or services that may be developed from time to time).
By accessing any part of the app, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the immediately, and you will not be able to use the App .
TERMS AND CONDITIONS OF USE
INTRODUCTION AND OUR ROLE
Company details: Merchant Mate Sdn Bhd (202001008655(1364975-A)) is a company registered in Kuala Lumpur, Malaysia at SO 25-07Menara 1, KL Eco City, Kuala Lumpur 59200, Malaysia.
Service: Having subscribed to MerchantMate POS application (parent application), M3 Analytics app provide a media to read a range of reports and analytics concerning sales, inventory purchases and other performance analytics over a range of stores/location operated by the principal company. The sales figures start with Takings of the period and breaks down to the components such as Items and modifiers Sales, Taxes, Surcharge, Service Charge and tips and donation. If you operate an F&B Store, it lists performance figures such as Dine-In, Take Away or on-line sales and further throw the supporting parameters such as Average spending by each table and each bill. Articulately presented the trends of the selected period with bar, line and pie charts.
It further moves to analysis considering payment methods, prepaids, gift cards and store credits details. The sales for each items, categories, modifiers and accounting head classifications give the manager a view of what is selling more and where he or she needs to improve. Followed by sales analysis by customers and impact of promotions and it goes on. We also present data on reservations statistics in the last page
In addition, Inventory, Staffing, Loyalty programs, e-marketing, appointment are in the making and shall be listed soon
ACCESS AND TERMS
access: You can download the app, however in order you use the app you must be set up as a user on the principal app, Merchantmate.com
You will log into M3 Analytics using the same credential as you use for the Merchanmate web app. Hence you do not need to sept up user ID or password if you already have one for Merchantmate web application. However you must be an authorized user enabled to use the M3Analytics as set in MerchantMate
Location: M3 Analytics do not need the location services .
Photos: Your employer may have your photo in their database and that photo may be published as your profile photo. Should you not allow your photo to be published to your personal app, you may request your employer to block it.
Notifications: There are no notification service used in this app as it s just a reading reports functionality.
Acceptance of terms: By accessing any part of the app, you indicate that you accept these Terms. If you do not accept theseTerms, you should leave the App immediately.
Revision of terms: We may revise these Terms at any time. You should check the regularly to review the current Terms, because they are binding on you. You will be subject to the terms and conditions in force at the time that you place an Order through us.
Responsibility: You are responsible for making all arrangements necessary for you to have access exclusively yourself this being your personal app and be responsible for ensuring that no other person use the app on your behalf to provide any misleading information to your employer and other team members.
YOUR STATUS
Capacity and age: By using the app , you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old.
HOW TO ACCESS ANALAYTICS
After you load the App, you will be directed to home Dashboard
Store Selection: From the drop-down menu select one or several stores that you are interested in.
Period: select the period by day, week, month or year. You can also select a customized range from-to a particular date.
Comparison: The selected period performance can be compared with previous period or the same period as of the previous year as chosen
Scroll and Expand: Scroll down the report to the next page and you will be asked to open and load the page as per your needs. You can open any page any time using the right drop down menu
CUSTOMER CARE
General: Customer care is extremely important to us. However given the simplicity of the app, we have provided customer care email in the app, which is m3analytics@merchantmate.com Please register your complaint on this email and they will duly attended.
LICENCE
Terms of permitted use: You are permitted to use the app and print and download extracts for your own personal non- commercial use on the following basis:
You must not misuse the app (including by hackingor "scraping").
Unless otherwise stated, the copyright and other intellectual property rights in the App and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the app other than in accordance withparagraph
7.1 is prohibited.
You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
You must ensure that our status as the author of the material on the app is always acknowledged.
You are not allowed to use any of the materials on the app or the itself for commercial purposes without obtaining a license from us to do so.
Limitation on use: Except as stated in paragraph 7.1, the app may not be used, and no part of the may be reproduced or stored in any other or included in any public or private electronic retrieval system or service, without our prior written permission.
Reservationof rights: Any rights not expressly granted in these app Terms are reserved.
SERVICE ACCESS
availability: While we try to ensure the app is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the is unavailable at any time or for any period.
Suspension of access: Access to the app may be suspended temporarily at any time and without notice.
Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the app ; any transmission is at yourown risk.
by law from all liability in relation to such disclosure.
LINKS TO AND FROM OTHER S
Third party s: Links to third party s on the app are provided solely for your convenience. If you use these links, you leave the app . We have not reviewed and do not control any of these third-party s (and are not responsible for these s or their content or availability).We do not endorse or make any representation about these s, their content, or the results from using such s or content. If you decide to access any of the third party s linked to the app, you do so entirely at your own risk.
DISCLAIMERS
information: We may make changes to the material on the app , or to the Service, Products and prices described on it, at anytime without notice.
11. LIABILITY
General: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liabilityfor fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law, including the Malaysian Consumer Law. Nothing in these Terms affects your statutory rights, including right relating to the consumer guarantees applicable to the supply of services under these Term.
Exclusion of liability: We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the (including the use, inability to use or theresults of use of the Service or the ) for:
any loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
Limitation of liability: For any employer of staff users , Our total liability to you in respect of all other losses arising under or in connection with the Service or the app , whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed $100 per Employer.
Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the app , including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
12.5 Indemnity: You agree to indemnify and hold M3Anlaytics and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms or the terms andpolicies it incorporates by reference, or your violation of any law or the rights of a third party.
TERMINATION
Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the appand the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
you have used the app in breach of paragraph 7.1 (License);
you have breached any other material terms of these Terms.
Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the app.
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the app, you accept that communication with us will be mainly electronic. We will contact you by email. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes inparticular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other naturaldisaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks; and
the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under these app Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
ADDITIONAL TERMS
Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these App Terms by this reference and is available here Privacy Policy
Severability: If any of these app Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire agreement: These app Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these app Terms will not be interpreted as a waiver of your or our rights or remedies.
Assignment: You may not transfer any of your rights or obligations under these App Terms without our prior written consent. We may transfer any of our rights or obligations under these app Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
Headings: The headings in these ap Terms are included for convenienceonly and shall not affect their interpretation.
GOVERNING LAW AND JURISDICTION
These app Terms shall be governed by and construed in accordance with the law of Malaysia. Disputes or claims arising in connection with these app Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Malaysia.
M3 AnalyticsPRIVACY POLICY
We are committed to protecting the privacy of all visitors who access the or Service through mobile application or other platform or device. Please read the following Privacy Policy which explains how we use and protect your information.
We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and Personal Data Protection Act 2010 in Malaysia. This policysets out how we collect and treat your personal information.
By visiting and/or using the Service on the app, you agree and, where required, you consent to thecollection, use, storage, disclosure and transfer of your information as set out in this policy.
We respect your right to privacy and is committed to safeguarding the privacy of our customers and app visitors.
INFORMATION THAT WE COLLECT FROM YOU
When you visit the app, you may be asked to provide information about yourself including your name, address, contact details (such as telephone and mobile numbers and e-mail address). We may also collect information about your usage of the app and Service and information about you from the materials (such as messages and reviews) you post to the and the e-mails or letters you send to us. Your telephone calls to us may also be recorded for training and quality purposes.
By accessing M3 Analytics information and/or the or Service using mobile digital routes such as (but not limited to) mobile, tablet or other devices/technology including mobile applications, then you should expect that our data collection and usage as set out in this Privacy Policy will apply in that context too. We may collect technical information from your mobile device or your use of the or the Service through a mobile device, for example, location data and certain characteristics of, and performance data about, your device, carrier/operating system including device and connection type, IP address, mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes or use of mobile vouchers. Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the app or Service through your mobile device(s) via any Olarme mobile application, through your mobile's browser or otherwise.
USE OF YOUR INFORMATION
Your information will enable us to provide you with access to the relevant parts of the app and services features.
We may use your information to contact you for your views on the Service and to notify you occasionally about important changes or developments to the app or the Service.
When you register with MySM3Analytics ScheduleMate, you consent to use your personal information for direct marketing purposes to communicate with you by phone, email or SMS and, if you use our mobile application, via push notification, to tell you about offers, updates and our products and services that may be of interest to you.
You may choose to stop receiving direct marketing communications from a channel at any time by using the unsubscribe mechanism in the marketing communication itself. To opt-out of communications via email click the "unsubscribe" link at the bottom of the email and to opt-out of communications by SMS reply with "STOP". You may also decline marketing messaging sent by push notifications by refusing the relevant permission to our app in your phone or tablet settings, however this will also prevent you from receiving order updates via push.
M3Analytics agrees not to share information with any third parties (including those in employment agencies, leisure, marketing and advertising sectors)
Please note that by submitting Reviews regarding the app , you consent to us to use such Reviews on the app and in any marketing or advertising materials. We will only identify you for this purpose by your first name and thecity in which you reside (and any other information that you may from time to time consent to us disclosing).
DISCLOSURE OF YOUR INFORMATION
The information you provide to us will be transferred to and stored on our servers which may be in or outside Southeast Asia, and may be accessed by or given to our trusted staff working outside Southeast Asia, who have signed the agreement not to disclose any information to any third party.
If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce the app Terms and any other agreement; or to protect our rights or the rights of Restaurants or other third parties. This includes exchanging information with other companies and other organizations for the purposes of fraud protection and prevention.
You reserve the right to advise us to delete your data from our server by contacting our Support Hot lines (call or chat or email) , however we would need the consent of your employer before doing so.
SECURITYAND DATA RETENTION
We take steps to protect your information from unauthorized access, modification or disclosure and against misuse, interference, loss, destruction and damage. Once your information is no longer required for any purpose for which it may be used or disclosed by us, and we are not required by law to retain theinformation, we will destroy the information or ensure that it is de-identified.
Where you have registered an account with MyshceduleMate and chosen a password which allows you to access certain parts of the app , you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorized transactions entered into using your name and password.
All user details captured by M3 Analyticsare stored securely at all times and will never be provided to any unauthorized third parties.
THIRDPARTY ANALYTICS AND ADVERTISING
We may collect personal information about you when you use the app . we may record certain information about your use of the app , such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer. We may use such information to improve our customer and merchant experiences. However no such information is shared with any third party.
ACCESSING AND UPDATING
You have the right to see the information we hold about you and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us using the contact details set out in paragraph 8 below, however if you are an employee, you need the permission of your employer prior to reaching out to us.
CHANGES TO OUR PRIVACYPOLICY
Any changes to our Privacy Policy will be posted to the app and, where appropriate, through e-mail notification. We encourage you to check out periodically to ensure that you are aware of our current Privacy Policy.
CONTACT
All comments, queries and requests relating to our use of your information are welcome. You can also lodge a complaint if you think we have breached the Personal Data Protection Act 2010 in relation to your personal information. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take. All correspondence should be addressed to Merchant Mate Sdh Bhd SO25-07 Menara1, KL Eco City Kuala Lumpur 59200, Malaysia . Alternatively, you can contact us by emailing M3Analytics@MerchantMate.com or by calling +60 3- 22011837 .
M3 Analyticsis owned and operated by Merchant Mate Sdh Bhd.