1. Introduction
BrandK Marketing Sdn. Bhd. (“BrandK”, “we”, “our”, or “us”) provides BrandK POS, a point-of-sale system and
related business software for restaurants, cafes, retail stores and other businesses in Malaysia.
These Terms of Service (“Terms”) apply to the BrandK POS program, the BrandK POS Manager App, the BrandK
admin app and web services, and any hardware, installation, training and support we provide (together, the
“Services”). By signing a quotation or contract with us, or by using the Services, you agree to these Terms.
If your signed quotation, contract or service agreement with BrandK contains terms that differ from these
Terms, the signed document applies to the extent of the difference.
2. Eligibility and Registration
- The Services are intended for businesses. You must be a business, or a person authorised to act on
behalf of a business, to subscribe to the Services.
- To register, we may ask for business documents such as your SSM registration document and a copy of the
representative’s identity card, together with information needed to set up your store (such as your
store logo and menu or product price list).
- After installation, we issue an administrator account for your business. You are responsible for
creating and managing staff accounts and for keeping all user IDs and passwords confidential.
- You are responsible for all activity carried out under your accounts. Please contact us promptly if
you believe an account has been accessed without authorisation.
3. Description of Services
Depending on the plan and options you choose, the Services may include:
- POS software for ordering, payment, table management, kitchen printing, discounts and membership;
- sales reports, closing and settlement tools, and the admin app for owners and managers;
- staff management, attendance (including optional face recognition) and payroll tools;
- e-Invoice issuance through the MyInvois system from POS orders;
- optional services such as table ordering, QR ordering, queue management, multi-store management and
program customisation;
- hardware supply, installation, POS usage training, software updates and remote support.
The specific features, hardware and services included for your business are those set out in your
quotation or contract. We may add, change or improve features of the Services from time to time.
4. Subscription and Payment
BrandK POS is provided on a monthly subscription basis. Subscription fees are payable monthly in advance.
Our current standard monthly subscription fees are:
- KposCashier (Counter POS): RM 200 per month.
- KposCashier + Ordering POS: RM 300 per month.
- Where a signed quotation or service agreement specifies different fees or billing arrangements, the
signed agreement shall prevail.
- Subscription renewals are subject to agreement between BrandK and the customer. Cancellation and refund
conditions are governed by the applicable quotation or service agreement.
- No Sales and Service Tax (SST) is currently charged on the stated subscription fees. Any taxes required
by applicable law will be handled in accordance with the relevant legal requirements.
- Hardware, installation and optional services may incur additional charges as specified in the
customer’s quotation.
- Payment processing fees charged by third-party payment providers are subject to those providers’
applicable terms.
- BrandK may revise its standard subscription prices from time to time. Revised standard prices do not
automatically amend existing signed agreements.
5. Hardware and Installation
- Hardware such as POS terminals, printers, cash drawers, scanners, ordering tablets and routers is
supplied either by purchase or by rental. The supply method that applies to you is the one stated in
your quotation or agreement.
- Purchased hardware: ownership passes to you in accordance with the conditions in your
quotation or agreement.
- Rented hardware: ownership of the hardware, and your obligations to look after and
return it, are governed by your rental agreement.
- Hardware supplied by BrandK comes with a standard warranty period of 12 months. The warranty start date,
coverage and exclusions are as stated in your quotation or agreement.
- Installation is generally possible within 3 to 7 days after the contract, depending on the hardware
model. Installation fees may be free or charged depending on the POS model.
- Before installation, you must arrange an internet connection at your store and LAN cabling at the
printer locations. BrandK is not responsible for internet or cable installation; please contact your
internet provider or installation technician for this.
- Installation includes setting up the hardware and software, issuing your administrator account and
one day of POS usage training.
6. Customer Responsibilities
You agree that you will:
- provide accurate business information and keep it up to date;
- use the Services only for lawful business purposes and in accordance with these Terms;
- check the accuracy of your menu, prices, tax settings, discounts and other data you enter into the
Services;
- remain solely responsible for your sales records, tax reporting and filing (including SST, if
applicable), and e-Invoice obligations to the Inland Revenue Board of Malaysia (LHDN) and other
authorities;
- maintain a stable internet connection, power supply and network equipment at your store;
- not copy, modify, reverse engineer, resell or interfere with the Services or attempt to gain
unauthorised access to our systems; and
- obtain any consent required from your own customers and staff for personal data you enter into the
Services.
7. Data and Privacy
- Business data means the operational records you create in the Services, such as menus,
prices, orders, payments, settlements and reports. Personal data means information about
identifiable individuals that you enter or collect through the Services, such as staff details and
attendance records, and customer membership, reservation, delivery and e-Invoice buyer details.
- Your rights in your business data, and our right to use it, are as set out in your agreement and
applicable law. BrandK processes business data and personal data on your behalf in order to provide,
operate, secure and support the Services. We do not sell this data.
- When you use features that connect to other services, such as e-Invoice submission to LHDN MyInvois,
payment providers, delivery platforms, messaging services or shopping mall sales reporting, the data
needed for that feature is sent to the relevant service.
- You are responsible for informing your staff and customers, and for obtaining any consent required
under the Personal Data Protection Act 2010 (Malaysia), for the personal data you enter, including face
recognition data if you enable that feature.
- Data is transmitted to our servers over encrypted connections (HTTPS), and access to your data in the
Services requires an authorised user account.
- Retention of your data, and access to it after the Services end, are handled as described in Section
10.
- Further details are set out in our Privacy Policy. Requests to delete a BrandK
membership app account can be made as described on our Delete Account
page.
8. Service Availability
- We aim to keep the Services available and working properly, but we do not guarantee that they will be
uninterrupted or error-free.
- The Services may be temporarily unavailable during maintenance, updates, or because of failures of
internet connections, third-party services, hardware or other events outside our reasonable control.
- Some functions, such as synchronising sales to the server, sending e-Invoices, remote support and the
admin app, require an internet connection.
- Software updates and remote support are provided free of charge during your subscription. Support is
provided remotely, including through WhatsApp and remote access tools.
9. Intellectual Property
The BrandK POS software, apps, websites, designs, logos and documentation are owned by BrandK Marketing
Sdn. Bhd. or its licensors and are protected by intellectual property laws. Subject to these Terms and
payment of applicable fees, we grant you a non-exclusive, non-transferable right to use the Services for
your own business operations during your subscription. No other rights are granted to you.
10. Suspension and Termination
- Customers may request cancellation of their subscription at any time. The effective termination date,
outstanding fees and any applicable refund conditions are governed by the relevant quotation or service
agreement.
- BrandK may suspend or restrict access to the Services in accordance with the applicable agreement,
including circumstances involving overdue payments, misuse or security risks.
- Following termination, access to business records and data export may be provided for a limited
period in accordance with the applicable agreement and BrandK’s data retention procedures.
- Customers should contact BrandK to arrange access to or export of relevant business records before the
applicable access period expires.
11. Limitation of Liability
- The Services depend on factors outside BrandK’s control, including internet and power supply at your
premises, third-party payment providers and delivery platforms, and government systems such as
MyInvois. BrandK is not responsible for interruptions or losses to the extent they are caused by such
external factors.
- BrandK is not responsible for errors that result from incorrect data entered by you or your staff, or
from hardware that is misused or modified without our approval.
- Any further limitation of liability is as set out in your signed quotation or service agreement.
- Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under the
laws of Malaysia, including liability for fraud, wilful misconduct or gross negligence, or any rights you
may have under the Consumer Protection Act 1999 where it applies.
12. Changes to Terms
We may update these Terms from time to time. The date at the top of this page shows when they were last
changed. We will notify customers of significant changes through the Services, our website or by direct
contact. Continued use of the Services after changes take effect means you accept the updated Terms.
13. Governing Law
These Terms are governed by the laws of Malaysia. Any dispute arising from these Terms or the Services
that cannot be resolved by discussion is subject to the jurisdiction of the courts of Malaysia.
