DhuMall’s Terms of Service

The terms and conditions contained herein are Terms of Service (“TOS”) governing the use of https://dhumall.com, its domain, and sub-domains of https://dhumall.com  (“Site”) by you (“User”, “You” or “Your”). The Site is operated by Dhumall Sdn. Bhd. (“DhuMall”, “We”, “Our” or “Us”). By accessing and using the Site, or any services operated by DhuMall, its associates, and its sales team (“Services”), the User agrees to be legally bound by the TOS set out herein. Please read these terms carefully.

If you are a user of the Site on behalf of a company or other legal entity, you represent that you have the command to bind such entity, its affiliates, and all users who access our Site or Services through your account to these TOS, in which case the terms “User”, “You” or “Your” shall refer to such entity, its affiliates, and users associated with it. If you do not have such command, or if you do not agree with the TOS, you must not accept all the terms in this TOS and stop using the Site and Services.

This TOS contains various limitations on the services offered by DhuMall through the Site or Services as well as gives various powers and authority to DhuMall concerning online transactions effected using DhuMall’s transaction services offered through the Site or Services. This includes without limitation the power and authority to reject or cancel an online transaction, refund the funds to a buyer, or release the funds to a seller.

1. General

DhuMall provides an online platform that helps connect and support individuals and/or business entities who wish to purchase products and services (“Buyer”) and freelancers, companies, professionals, and professional bodies who wish to provide products and services (“Seller”) to search, bid, enter, and manage transactions of a product or service through the Site or Services.  A user may be both a Buyer and a Seller under this TOS. The Site contains elements that enable Buyer and Seller to do but are not limited to the following: –

1.1  Freelance Services: The Site enables freelancers to create profiles, publicize talent and capabilities, table quotations, negotiate with the Buyer, secure projects, bill, obtain reviews from the Buyer, and receive payment from Buyer.

1.2  Business Opportunities: The Site allows entrepreneurs and/or companies to set up various kinds of business opportunities, promote the opportunities and services, provide quotations, negotiate with the Buyer, close sales, invoice, and gain revenues from the Buyer.

1.3  Business Solutions: The Site facilitates professionals and professional bodies, including,
for example, lawyers and legal firms, corporate secretaries, accountants, and accounting companies, business consultants to contribute valuable advice, resources, insights,   business solutions, etc., extend quotations, accept payment, manage and complete the project.     

2. Provision of services

2.1 If you are a registered member of the Sites for services available as mentioned in 1.1, you are contracting with DhuMall.

2.2 If you are a registered member of the Sites for services available as mentioned in 1.2, you are contracting with DhuMall.

2.3 If you are a registered member of Sites for services available as mentioned in 1.3, you are contracting with DhuMall’s associate, Dhunicorn Sdn Bhd. (“Dhunicorn”).

2.4 You must register as a member of the Sites to access and use some or all the Services. In addition, we reserve the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users, or subject to other conditions that we may impose at our discretion.

2.5 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. We may in our sole discretion limit, deny, or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users. 

3. Changes to Terms

We reserve the right to change the terms in this TOS at our sole discretion under which https://dhumall.com is offered from time to time without notice. The most current version of the terms will supersede all previous versions. We encourage you to periodically review the TOS to stay informed of our updates. Continued use of the Site and Services after any such changes shall constitute your consent to such changes. Violation of any of the terms may result in the termination of your Account.

4. Your Account

By using this Site and Services, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer and mobile gadgets. You agree to accept responsibility for all activities under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third-party access to your account that results from theft or misappropriation of your account. We and our associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

5. Account Terms

5.1 You must not use the Site if you are under 13 years old.

5.2 If you are using the Site and are between the ages of thirteen (13) and eighteen (18) years of
age, you must have your parent’s or legal guardian’s permission to do so.

5.3 By using or engaging with the Site, you also acknowledge and agree that you are permitted by
your jurisdiction’s Applicable Law to use and/or engage with the Site.

5.4 You must provide your legal full name, a valid email address, and any other information
requested to sign-up for an Account.

5.5 You undertake to inform us of your most updated email address by emailing support@dhumall.com.

5.6 Your login may only be used by one person – a single login shared by multiple people is not
permitted.

5.7 You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

5.8 You agree to provide all necessary information, materials, and approval, and render all reasonable assistance and cooperation necessary for our provision of the products and services from the Site.  If you fail to do so results in a delay in providing any of the information required by us to process the activation of the products and services from the Site for you, we shall not be obliged to extend the relevant service period or liable for any loss or damages arising from such delay.

5.9 The Site is only available to registered account holders of the Site. If you are subscription-based and your subscription to the paid or free membership of the Site expires or is terminated early for any reason, you are not eligible to use the Site or Services through us.  If you have a valid account under this TOS at the point at which your paid or free membership registration on the Site is terminated, we shall have the full discretion and authority to refund to the buyer and/or release it to the account holder or part of the funds under the terms of this TOS we consider appropriate in our sole discretion.   The buyer and/or you are required to provide a valid bank account subject to verification and confirmation by us.

5.10 The payment processing system may not be used for some of the services rendered by us. These services cannot be charged through the payment processing system of the Site and shall be dealt with separately by support@dhumall.com.

5.11 You may not use the Site and Services for any illegal or unauthorized purpose. You must not, in the use of the Site and Services, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

5.12 You are solely responsible for properly canceling your account. An email request to cancel your account must be sent to support@dhumall.com.

5.13 We, in our sole discretion, have the right to refuse the use of this Site or Services to current or future users of the Site and Services, for any reason at any time. Reasons for this may include but are not limited to using the Site or Services for illegal purposes.

6. International Users

The Site is controlled, operated, and administered by DhuMall. If you access the Site from your current location, you are responsible for compliance with all local laws. You agree that you will not use DhuMall content accessed through https://dhumall.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

7. Orders and Billings

You acknowledge and agree that by clicking submit at the end of the checkout process, you agree to accept and pay for the item or items ordered.

All orders, whether initial or additional, are subject to acceptance by and shall only become effective upon confirmation by DhuMall or Dhunicorn, which reserves the right to accept, refuse or cancel any order you place with us at any time without prior notice. We may, in our sole discretion, refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, errors in product or pricing information, or problems identified through our efforts to avoid fraud and/or account abuse. This shall include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You must provide truthful and accurate billing information. Providing any untruthful or inaccurate information may result in order cancellation.

8. Payment

8.1 Payment may be made electronically, via electronic funds transfer, direct depositor, or by other electronic means. You agree to pay the full transaction price listed through our online transaction gateway from the Site unless another option is made available on the Sites. 

8.2 All transaction prices are exclusive of all taxes that may be levied by the jurisdiction of your current location, and you must pay any applicable taxes or levies, whether domestic or foreign.

8.3 All transactions must enter a valid credit card. And, if you opted to pay by credit card, you authorize Dhunicorn to charge the fees and other amounts automatically to your credit card.

The payment clause here refers to the payment by the Buyer. Clauses related to the payment to the Seller are available at www.dhumall.com/payment.

9. Cancellation and Termination

You can cancel your items or orders by submitting a cancellation request. Cancellation works differently for different types of items or orders: –

9.1 Paid local tangible items or orders (without pre-order)

You can cancel items or orders that haven’t entered the shipping process yet. You are not allowed to cancel your order once the shipment is underway.

9.2 Paid local tangible items or orders (pre-order)

Pre-paid orders are not eligible for a refund on cancellation. In case you wish to modify or cancel a prepaid order, a gift voucher equivalent to the amount will be issued which you can use against future orders.

9.3 Auto-renewable Subscription

If you purchase a subscription through the Site, your subscription will continue for each subscription period until you cancel. You will be charged each subscription period for the cost of the applicable products or services. You may make changes to or cancel your subscription at any time as per clause 9.4 below. If you cancel before the next recurring payment is charged, then your subscription will terminate automatically, and we will not charge your payment provider for any subsequent subscription period. However, if you cancel the service before the end of your tenure of usage, your cancellation will take effect immediately. You agree that we may terminate or suspend your subscription for any reason at any time in our sole discretion.

9.4 You are solely responsible for properly cancelling your purchase. An email request to cancel your subscription must be sent to support@dhumall.com.

9.5 In order to prevent fraud or accidental cancellations, the additional security information may be required to protect you from falsified cancellations. And until such security information can be provided to verify your identity, your account and the service will remain active.

9.6 If your order is cancelled after your credit card (or other payment accounts) has been charged, we will issue a credit to your credit card (or other applicable payment accounts) in the amount of the charge. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

9.7 If a credit card dispute is opened for a payment made for services you paid for from the Site or Services, your account may be terminated immediately, and access to the Site or Services will be cancelled.

9.8 In the event of a credit card dispute, access to the service that you paid for will only be restored once one of the following occurs:

a. The Merchant Provider of the credit card facility has provided due notice that the credit card dispute has been resolved in full, and has provided us unrestricted access to the disputed funds.

b. The full amount of the disputed credit card, plus any other fees due, plus any additional fees incurred using the services paid for from the Site as a result of the credit card dispute has been paid in full.  

10. Returns

We are committed to bringing you the most innovative products of premium quality. If you have any concerns over our products or services or missing or damaged orders, we welcome you to contact us at support@dhumall.com before returning any items. We strive to revert to you within 2 business days.

10.1 Return of eligible products

If there’s no alternative we can offer you, please return the products subject to the following conditions: –

10.1.1 The product must be returned to us within 14 days of receiving your purchase.

10.1.2 The product must be in original and new condition. We reserve the right to limit or deny returns, and to apply a nominal restocking/handling charge on any cancelled order or merchandise returned within 14 calendar days of purchase.

10.1.3 If the product received is defective or was damaged during shipment, please take a picture of the product upon opening the packaging. The picture together with your invoice must be sent to support@dhumall.com immediately for a resolution.

10.1.4 Kindly ensure that you will carefully package your returns along with the original packaging and receipt/invoice.  You are responsible for all shipping and handling charges for returned products. It is your responsibility to ensure that the returned products are in good condition.

10.1.5 Important Note: We reserve the right to limit or refuse a refund request if, after inspection, the returned products do not comply with this Return Policy or we find evidence of fraud, return abuse, or other manipulative behaviour that may compromise our Return Policy or Terms of Service.

10.2 No Return of non-eligible products or Services
Products designated as “Clearance Sale”, “Final Sale” or “As-is” and subscription-based products or services are strictly not returnable.

11. Refunds

11.1 All sales are final, and refunds will not be issued except for non-stock items.

11.2 We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at support@dhumall.com. You will be responsible for paying for your own shipping costs for exchanging your item.

11.3 No cash/credit card refund on any defective items. We will exchange only or provide you with gift vouchers.

11.4 There will be no refund for partial use of products or Services.

11.5 No refund if the product/parcel is returned to us as undeliverable. It is your responsibility to provide us with a valid, complete, and deliverable address to ensure prompt and accurate delivery of your shipment.

11.6 All promotional-priced and special offer items are non-returnable, non-refundable, and non-exchangeable. 

11.7 Strictly no refund of Services for 1.1, 1.2 & 1.3.

12. Fulfilment and Tenure of Usage of Service

12.1 Unless otherwise agreed by the parties, the service usage period for the services that you paid from the Site is located at the product description of the Site. Activation of the use of service shall be notified to you via email to the such email address provided by you upon registration for the Site or at the payment gateway of the Site.

12.2 You shall pay Dhunicorn for the products or services described from the Site and subject to the TOS set forth herein prior to the activation of the use of service.

13. Transfer of Ownership

Transferring of ownership and liability of your account for the service that you have paid for from the Site or Services is strictly prohibited.

14. Proprietary Rights and Content Ownership

Ownership of and all right, title and interest to everything on the Site or Services (including but not limited to, originals, translations, compilations, and partial copies, if any), and any enhancements or derivative works thereof and all related Intellectual Property Rights, shall remain solely in DhuMall and its licensors.  Except as specifically authorized in writing by DhuMall, reproduce, duplicate, copy, sell, resell, or exploit any portion of the content from the Site or Services, or any related materials in whole or in part or attempt to unlock, download, reverse assemble, reverse compile, run third-party software applications other than approved integrated applications or browsers upon, or disrupt the operation of any services from the Site or Services.  You will not and will ensure that any agent of you do not, delete or in any manner alter the copyright, trademark, and any other proprietary rights notices of DhuMall, if any, appearing on a service from the Site or Services, or related materials as delivered to you. Your use of the services from the Site or Services or related materials will be limited to the use described in the applicable product description and only in connection with and only so long as you are entitled to use a service from the Site or Services in accordance with this TOS. You agree not to:

14.1 Provide access to the service from the Site or Services to any third party or person who is not an authorized user of such service from the Site or Services, and you shall ensure that any authorized links shall only be used by you and your authorized users solely for the purposes of and in accordance with the terms of this TOS;

14.2 Directly, or through any third party, sell, license, barter, trade, transfer, or otherwise make or allow access to the service from the Site or Services to any third party without DhuMall’s prior written consent;

14.3 Allow any further processing or Confidential Information through any outsourced service or application competitive with DhuMall and not approved by DhuMall; or

14.4 Attempt to derive any of DhuMall’s product naming conventions or methods for deriving any DhuMall product codes or DhuMall product names.

15. Limitation of Warranties, Liability, and Waiver

15.1 Technical inaccuracies or typographical errors may be present in the information featured on the Site. The products, information, materials, and services DhuMall and/or its associates provided on the Site are on an “AS IS” basis that is without separate or additional conditions, warranties, or terms. Likewise, DhuMall and/or its associates disclaim all other warranties, express or implied, including but without limitation, warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the Site and the information, content, and materials contained therein, to the maximum extent permitted by applicable law.

15.2 In conjunction with the Limitation of Warranties as explained in 13.1 above, you expressly understand and agree that any claim against DhuMall and/or its associates shall be limited to the amount you paid, if any, for use of the Site or Services.

15.3 Under no circumstances will DhuMall and/or its associates be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages) that are directly or indirectly related to:

a. The Site or the Services;

b. DhuMall content;

c. Your inability to use, or the performance of the Site or the Services;

d. Any action taken in connection with an investigation by DhuMall parties or law enforcement authorities regarding your or any other party’s use of the Site or the Services;

e. Any action taken in connection with copyright or other intellectual property owners;

f. Any errors or omissions in the Site or Services’ operation; or

g. Any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, the accuracy of results, or computer failure or malfunction, even if foreseeable or even if the DhuMall parties have been advised or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation whether caused in whole or in part by negligence, acts or god, telecommunications failure, or theft or destruction of the service). In no event will DhuMall and its associates be liable to you or anyone else for loss, damage, or injury, including, without limitation, death, or personal injury. By accessing the Site and Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive and release us, our directors, officers, associates, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

16. Indemnification

You agree to defend (at DhuMall’s and/or its associates’ request), indemnify and hold DhuMall and/or its associates harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your use of the service from the Site and Services): (i) your access to or use of the service from the Site and Services; (ii) your breach or alleged breach of these TOS; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by DhuMall and its associates in the defence of any claim. DhuMall and/or its associates reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of DhuMall and/or its associates.

17. Entire Agreement, Severability & No Waiver

This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. If you are using the service from the Site and Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These TOS constitute the entire agreement between you, DhuMall, and its associates and govern your use of the service from the Site and Services, superseding any prior agreements between you, DhuMall, and its associates. You will not assign the TOS or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of DhuMall or its associates. Any purported assignment or delegation by you without the appropriate prior written consent of DhuMall or its associates will be null and void. DhuMall and its associates may assign these TOS or any rights hereunder without your consent. If any provision of these TOS is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these TOS and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the TOS remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the TOS. These TOS do not confer any third-party beneficiary rights.

18. Force Majeure

Under no circumstances shall DhuMall or its associates be held liable for any delay or failure or disruption of the service from the Site and Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation, acts of God, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, terrorism, war, governmental actions, orders of domestic or foreign courts or tribunals.

19. General Provisions

19.1 This TOS shall be governed by the laws of Malaysia without regard to its conflict of law provisions. The parties to this TOS hereby submit to the exclusive jurisdiction of the courts of Malaysia.

19.2 If any provision of this TOS is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

19.3 DhuMall or its associates shall have the right to assign this TOS (including all of its rights, titles, benefits, interests, and obligations and duties in this TOS) to any person or entity (including any affiliates of DhuMall). You may not assign, in whole or part, this TOS to any person or entity without prior consent from DhuMall or its associates.

19.4 If there is any conflict between the English version and another language version of this TOS, the English version shall prevail. Any non-English language version of this TOS is provided for reference purposes only.

Updated on September 3rd 2022.

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