DHUMALL TERMS & CONDITIONS

1) INTRODUCTION

• 1.1 DhuMall Sdn. Bhd. (Company No: 202101033607 (1433907-A)) (“ DhuMall ”, “ we ”, “ us ” or “ our ”) welcomes you to our Platform, https://shop.dhumall.com (“ Website ”) and DhuMall mobile device application (“ App ”) (hereinafter, the Website and the App collectively referred to as “ Platform ”). DhuMall is the owner and operator of the Platform that allows a Seller to advertise, list, offer, sell or make available any of the Products and/or services for their business to a Shopper who may purchase such Products on the Platform. DhuMall is merely an intermediary Platform and is not a party to the transaction between the Seller and Shopper.
• 1.2 Your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“ Services ”) is governed by the following terms and conditions (" Terms and Conditions "), the Terms of Service, the Policies and any other terms and conditions and policies posted on the Platform from time to time (collectively, “ All Terms ”). Before using this Platform and/or the Services, you must read carefully and accept All Terms and consent to the processing of your personal data as described in the Privacy Policy posted on the Platform which may be found at https://shop.dhumall.com/page/privacy-policy.
• 1.3 By accessing the Platform and/or using the Services, you agree to be bound by All Terms and any amendments to the foregoing published by us from time and time. If you do not agree to All Terms, please do not access and/or use the Platform and/or Services.
• 1.4 The terms of the Policies form an integral part of these Terms and Conditions and represent a legally binding agreement between the Members and DhuMall. For the avoidance of doubt, in the event of any inconsistency between the Terms and Conditions and any other terms and conditions or policies published by us, the terms and conditions in these Terms and Conditions shall prevail.
• 1.5 For the avoidance of doubt, a general reference to “ Terms and Conditions ” here in shall where applicable includes the terms and conditions in the Policies.
  
  

2) USE OF SERVICE AND THE PLATFORM

• 2.1 Service Provision: DhuMall offers e-commerce services to facilitate transactions between Shoppers and Sellers on the Platform. The parties involved in the transactions are solely responsible for them.
• 2.2 Agreement: By accessing, browsing, or using the Platform, you agree to All Terms unconditionally.
• 2.3 Non-Agreement: If you do not agree to any part of All Terms, you must not use our Services or Platform.
• 2.4 Minors: If you are under 18 or not of legal consent age in your country, you must get permission from your parent or legal guardian to create an account on the Platform. Without consent, you must stop using the Platform and Services.
• 2.5 Parents/Guardians: If you are a parent or legal guardian creating an account for a minor, you must agree to All Terms on behalf of the minor. You will be responsible for the account and the minor's actions, including any charges or purchases made.
• 2.6 At Your Own Risk: You use the Platform at your own risk. We are not responsible for any losses you may suffer and you agree to indemnify us against any such losses.
  
  

3) USE OF MEMBERS’ PERSONAL DATA

• 3.1 Privacy Policy: Before using our Platform and Services, you must read and consent to the processing of your personal data as described in the Privacy Policy. For details on how DhuMall uses and protects your data, refer to the Privacy Policy at https://shop.dhumall.com/page/privacy-policy.
• 3.2 Acceptance: By continuing to use the Platform and Services, you accept the terms of the Privacy Policy. If you disagree with how your personal data is used, do not use our Platform or Services.
  
  

4) AMENDMENT OF TERMS AND CONDITIONS

• 4.1 Modifications: DhuMall has the right to modify, amend, change, or add to these Terms and Conditions at any time. You will be notified of such changes via an announcement on the Platform. By continuing to use the Platform and Services, you agree to the modified Terms and Conditions. It is your responsibility to regularly check the Platform for updates to the Terms and Conditions and Policies.
• 4.2 Non-Agreement: If you do not agree to any changes, you must stop using the Platform. By accessing or using the Platform and Services, you accept the risk of any modifications.
• 4.3 Liability: DhuMall is not liable for any losses you suffer due to modified Terms and Conditions or your failure to stay updated on changes. You agree to hold us harmless and indemnify us from any such losses.
  
  

5) APPLICATION AND REGISTRATION AS MEMBER

5.1 Registration as Member

• 5.1.1 Account Registration: To use certain services or purchase products on the Platform, you must register an account as a member ("Member"). Registration is free unless otherwise specified by the Company.
• 5.1.2 Acceptance: By registering or creating an account, you agree to these Terms and Conditions, including All Terms.
• 5.1.3 License: DhuMall grants you a non-transferable and revocable license to access the Platform and use the services, subject to All Terms. Any breach of All Terms will result in the immediate revocation or suspension of this license without notice.
• 5.1.4 Rights: DhuMall reserves the right to restrict, suspend, or terminate your access to the Platform or services at its sole discretion if you breach any of All Terms.

5.2 Membership Categories

5.2.1 Membership of the Platform can fall under any one or more of the following categories: -

• (a) Shopper.
• (b) Seller who sells Products or provides services via the Platform.
• (c) Local entity which is incorporated and registered under Companies Act 2016; and/or
• (d) Foreign entity which is incorporated and registered outside Malaysia.

5.3 Application Requirements

5.3.1 Requirements to Become a Member:

• (a) For Companies/Businesses: You must be a legally incorporated entity with a business registration number and authorized to conduct business with DhuMall according to Malaysian laws.
• (b) For Individuals: You must provide all necessary information and documents required by DhuMall for membership application, including personal details and identification documents.

5.3.2 Accuracy of Information: You guarantee that all information provided during registration is true, accurate, current, and complete, and you will notify us immediately of any changes.

5.3.3 Indemnity: Upon successful registration, you agree to indemnify and hold us (including our officers, directors, employees, affiliates, agents, subsidiaries, joint ventures, and third-party service providers) harmless from any expense, loss, or damages arising from any inaccurate or false information provided by you.

5.3.4 Rights Reserved: DhuMall reserves the right to accept, reject, or suspend your membership application at our sole discretion in the following situations:

• (a) We cannot verify your identity with certainty.
• (b) The information you provide matches an existing membership account.
• (c) You provide false or incomplete information.
• (d) You are applying for a new account while another account is suspended.
• (e) You breach any of the Terms and Conditions or All Terms.
• (f) Any other reason deemed valid by DhuMall.

Our decision on membership applications is final and cannot be contested.

5.4 Completion of Registration

• 5.4.1 Membership Completion: You become a Member upon successful completion of the registration process determined by DhuMall. The registration process may require you to provide personal data, such as a recent photograph, bank account details, and other documents for verification.
• 5.4.2 Authorization: By providing your personal data and documents, you authorize DhuMall to use, process, and transfer your data to facilitate your use of the Platform and Services. You also agree that DhuMall can validate your identity with entities like your bank. DhuMall is entitled to collect, access, transfer, process, preserve, and disclose your personal data per the Privacy Policy at https://shop.dhumall.com/page/privacy-policy.
• 5.4.3 Email Address: Once your membership request is approved, you cannot change your email address as your account is linked to it. To change your email address, you must terminate your membership and create a new account with the new email address.

5.5 Protection of Account Details

• 5.5.1 Member Responsibility: You are responsible for keeping your account information and password confidential and up-to-date. You must also ensure that your account information is accurate and current. Notify us immediately of any unauthorized use or security breaches.
• 5.5.2 Legal Actions: If a legal dispute or law enforcement action is related to your account, DhuMall may terminate your account immediately with or without notice. DhuMall is not liable for any loss or damage from unauthorized account use or failure to comply with this section.
• 5.5.3 Account Security: You must not use anyone else's password or account, with or without their consent. DhuMall reserves the right to disable, terminate, or suspend any account at our discretion if you breach any of the Terms and Conditions. Our decision is final and conclusive.

5.6 Use of Platform and Services

• 5.6.1 Free Access: Access to the Platform is free.
• 5.6.2 Fees for Sellers: Certain services or functions for Sellers may require fees, as detailed in the Terms of Service, Policies, or other agreements between the Seller and DhuMall.
• 5.6.3 Fee Handling: Any fees will be charged, settled, and managed according to the Terms of Service, Policies, or agreements with DhuMall.
• 5.6.4 Seller Content: Products and promotional events on the Platform are provided by Sellers, not DhuMall. Content posted by users reflects their opinions, not DhuMall’s. DhuMall is not liable for any loss or damage from inaccurate, misleading, or fake information posted by Sellers or Shoppers.
• 5.6.5 Seller Responsibility: Sellers are solely responsible for their products' price, quality, safety, legality, and compliance with laws, including expiration dates. Sellers must ensure sufficient product quantity for promotional events.
• 5.6.6 Seller Terms: DhuMall is not responsible for additional terms or conditions imposed by Sellers. If a Seller fails to honor products without cause or against the law, the Shopper's recourse is against the Seller, not DhuMall. DhuMall reserves the right to cancel, terminate, or alter any products at any time.

5.7 Suspension and Termination of Membership

• 5.7.1 Company Actions: DhuMall reserves the right to restrict your access, suspend, or terminate your account and services without prior notice in the following circumstances:
• 5.7.2 You breach any of All Terms.
• 5.7.3 You commit or attempt to commit any prohibited conduct as outlined in Article 7.1.
• 5.7.4 You commit or are suspected of committing any unlawful acts or breaching these Terms and Conditions.
• 5.7.5 Any other reasonable grounds or suspicions determined by DhuMall.

DhuMall's decisions are final and conclusive.

5.7.6 Member Termination: You may terminate your membership at any time by writing to support@dhumall.com, provided all ongoing transactions are completed or canceled.

5.7.7 Consequences: Terminating your membership will result in losing:

• (a) All benefits and credits offered by DhuMall.
• (b) Your shopping history.

DhuMall is not liable for any consequences, loss, or damage resulting from suspension or termination.

5.8 Rights of DhuMall upon Suspension/Termination of Membership

5.8 Rights Upon Suspension/Termination:

5.8.1 Actions by DhuMall: Upon suspension or termination of your membership, DhuMall may:

• (a) Cancel or reverse all transactions under your account, including delivery cancellations and refunds (if applicable).
• (b) Cancel, forfeit, or deduct any credits, points, and coupons ("Benefits") granted to your account.
• (c) Cancel, forfeit, or deduct other benefits granted to you.
• (d) Restrict or disallow the use of all or part of the services and the Platform.
• (e) Deny any new membership applications from you within one month of termination.
• (f) Disallow the use of your previous membership for any new accounts applied for by you.
• (g) Claim compensation or damages as per Article 5.9.

5.8.2 Notice: DhuMall will notify you of the actions above by phone or email. If you are unreachable or in case of an emergency, actions may be taken without further notice.

5.9 Compensation for Losses

5.9.1 Liability: If your actions, omissions, or failure to comply with All Terms cause any losses, damages, penalties, claims (criminal or civil), or liabilities to DhuMall, you will be solely responsible and must compensate us for all related costs and expenses. If third parties raise inquiries, complaints, or claims due to your actions, you are solely responsible for resolving them at your own cost and must indemnify and hold us harmless at all times.

5.10 Dormant Account

• 5.10.1 Definition: Your account will be considered dormant if you do not log in to the Platform for 6 months.
• 5.10.2 Notification: If your account is deemed dormant, DhuMall may send you an email notification. DhuMall reserves the right to suspend or deactivate your account.
• 5.10.3 Seller Accounts: If you are a Seller, DhuMall may remove your product listings from your Seller Store on the Platform. DhuMall is not liable for any loss or damage resulting from your failure to comply with this article.

5.11 Reactivation of Account

• 5.11.1 Procedures: To resume using the Services on our Platform after your account is deemed dormant or suspended, you must follow the steps and procedures determined by DhuMall to authenticate and verify your identity.
  
  

6) RELATIONSHIP OF PARTIES

6.1 Role of Company

• 6.1.1 Platform Operation: DhuMall operates and manages the Platform to enable safe transactions between Shoppers and Sellers. DhuMall does not own or control any products offered by Sellers, except those sold by DhuMall.
• 6.1.2 Purchases: When you buy a product listed on the Platform, you are buying from an independent Seller, not DhuMall, unless DhuMall is specifically named as the Seller.
• 6.1.3 Contracts: The contract for any transaction via the Platform is directly between the Seller and the Shopper. DhuMall is not a party to these contracts and has no obligations in connection with them. The Seller and Shopper are responsible for the sales contract, product listings, and warranty of purchase.
  
  

7) USE OF PLATFORM AND SERVICES

7.1 Compliance

7.1.1 Responsibilities:

• (a) Compliance with Law: You are responsible for your actions on the Platform and must comply with all applicable laws and regulations. Do not engage in illegal activities, including:
  • (i) Fraudulent, deceptive, false, misleading, or unconscionable conduct, such as using someone else's identity, credit card, or bank account.
  • (ii) Sending unsolicited or unauthorized electronic commercial messages or engaging in spamming activities.
  • (iii) Using DhuMall's services to promote pyramid schemes.
• (b) Compliance with Terms: You must comply with All Terms published by DhuMall.
• (c) Uploading and Use of Content: Do not upload, post, or promote any content without our consent that is false, misleading, unlawful, offensive, or infringes on intellectual property rights.
• (d) Resale of Services and Content: Do not copy, modify, distribute, or resell DhuMall’s services or content for commercial purposes without our consent.
• (e) Use of Personal Data: Do not collect, post, or share personal information about other members or third parties without their consent.
• (f) Abusive Behavior: Do not engage in fraudulent or deceptive behavior, unauthorized account transfer, direct dealing transactions outside the Platform, exploiting benefits, price manipulation, or undermining feedback systems.
• (g) Disruption of Platform: Do not distribute viruses, undermine system integrity, monitor or crawl data without permission, engage in network attacks, or interfere with the proper functioning of the Platform.
• (h) Good Faith Conduct: Conduct yourself in accordance with good public order and morals. Do not raise complaints without reasonable grounds, repeatedly cancel or return non-defective products without justification, or engage in behavior that violates public order.

7.1.2 Enforcement: DhuMall may remove or delete your postings, restrict your access, or terminate your account without notice if you breach any of the above conditions.

7.1.3 Reporting: Report any requests or encouragement to engage in direct dealing transactions to us. DhuMall is not liable for any issues or losses from such transactions.

7.2 Liability for Third Party Websites

7.2.1 Third-Party Content: DhuMall is not liable for any information provided by its partners, third-party references, or links posted on the Website. You visit such third-party sites at your own risk..

7.3 Suspension of Services

7.3.1 Service Disruption: DhuMall cannot guarantee continuous or secure access to our Services. The operation of the Platform may be disrupted by factors within or outside our control. We may restrict or temporarily suspend services due to:

• (a) Regular maintenance.
• (b) Power or communication outages.
• (c) Technical problems with third-party suppliers or partners.
• (d) Natural disasters, terrorism, or other force majeure events.
• (e) Any other reasons deemed necessary by DhuMall.

We will post a notice on the Platform regarding service suspension as soon as reasonably practicable.

7.3.2 Liability: DhuMall is not liable for any damages or losses suffered by you or any third party due to the restriction or temporary suspension of services as per these Terms and Conditions.

7.3.3 No Warranties: DhuMall makes no representations or warranties regarding the systems operated by DhuMall or any provided software and hardware. We are not liable for any loss of money, goodwill, reputation, or any special, indirect, or consequential damages incurred by Sellers, Shoppers, or third parties due to the use of the Platform or service disruptions.
 

8) SALE AND PURCHASE OF PRODUCTS

8.1 No Representation

• 8.1.1 Independence: Shoppers and Sellers are independent individuals or businesses and are not associated with DhuMall. DhuMall is not an agent for Shoppers or Sellers and does not hold any interests or ownership of the products listed on the Platform, except for products sold directly by DhuMall.
• 8.1.2 Liabilities: As a Shopper or Seller, you are solely responsible for all liabilities (criminal or civil) related to transactions between you and other Members, the products purchased or sold, and any personal information exchanged. DhuMall is not liable for any losses, damages, liabilities, or misrepresentations incurred during transactions on the Platform.

8.2 No Guarantee

• 8.2.1 DhuMall Efforts: DhuMall will make reasonable efforts to ensure the good behavior of Members and the accuracy of information on the Platform. However, DhuMall does not guarantee the truth, accuracy, or error-free nature of product listings, descriptions, details, information, or prices posted by Sellers or third parties. DhuMall is not responsible for:
• (a) The existence, quality, safety, or legality of any product listed.
  • (b) The intent or ability of Shoppers or Sellers to sell or purchase products.
  • (c) Whether a product infringes third-party intellectual property rights.
  • (d) The truthfulness, accuracy, or legality of information posted by Sellers or Members.
  • (e) The completion of all transactions.
• 8.2.2 Liabilities and Risks: Liabilities and risks related to transactions between Shoppers and Sellers are borne by the parties involved.
• 8.2.3 Due Diligence: Before proceeding with any transaction, you are responsible for assessing the authenticity of statements, product descriptions, Seller representations, and whether the product meets your specifications.
• 8.2.4 Minors: Minors (under 18) must have consent from their parents or legal guardians to enter transactions. Transactions without such consent may be canceled and deemed void. Parents or guardians are responsible for transactions and any resulting liabilities.
• 8.2.5 Disputes: If you have a dispute, complaint, or claim regarding a product, you must initiate a claim against the relevant Seller. DhuMall is not responsible for any transaction, arrangement, or agreement between Sellers and Shoppers on the Platform.

8.3 Placing of Order

• 8.3.1 Order and Payment: As a Shopper, if you place an order and the Seller accepts it, you must make payment as instructed. A sales contract is formed between you and the Seller upon successful payment, subject to:
  • (a) The transaction being lawful and compliant with these Terms.
  • (b) The product description not being materially changed by the Seller.
  • (c) No significant errors in the product listing that affect the terms of the sale.
• 8.3.2 Cancellation by Shopper: You can cancel an order anytime before the Seller accepts it.
• 8.3.3 Seller Notification: The Platform will notify Sellers of all orders. Once the Seller accepts an order, the status will be marked as "Processing."
• 8.3.4 Unconfirmed Orders: If the Seller fails to confirm the order within the specified time and you have already paid, you can request a cancellation and refund, subject to DhuMall's cancellation, exchange, returns, and refunds policy and Article 11 of these Terms.

8.4 Offer and Acceptance

• 8.4.1 Invitation to Treat: Any information on the Platform, including prices and details posted by Sellers, is an invitation for Shoppers to make an offer to buy. It is not a binding offer.
• 8.4.2 Shopper's Offer: When you place an order and make payment, you are making an offer to buy the product from the Seller based on the product information available at the time.
• 8.4.3 Seller's Acceptance: A Seller is only legally bound to supply products when they confirm acceptance of your offer via the Platform. An order is considered accepted and binding when its status is updated to "Processing."
• 8.4.4 Right to Cancel for Errors: In case of any technical or operational errors affecting product details or pricing, DhuMall reserves the right to correct the error or cancel the transaction.
• 8.4.5 Compensation: If a transaction is canceled due to errors, your remedy as a Shopper is a refund of the amount paid. You are not entitled to further compensation or insist on completing the transaction.

8.5 Purchase and Payment for Products

• 8.5.1 Review Product Details: Shoppers should read and understand the product details, including price, additional charges, and terms before purchasing.
• 8.5.2 Payment Methods: Payment for products can be made via: (a) Credit card (b) Debit card (c) Online banking (d) Touch ‘n Go
• 8.5.3 Processing Issues: DhuMall will notify you if we cannot process your request. This may occur if: (a) The product is out of stock. (b) The payment is not authorized. (c) There is an error in the product description. (d) You have not complied with All Terms.
• 8.5.4 Direct Dealing Transactions: Transactions completed outside the Platform or using offline methods not specified above are considered "direct dealing transactions," and DhuMall is not liable for them.
• 8.5.5 Cancellation and Refunds: Refunds will be handled according to the Cancellation, Exchange, Returns, and Refunds Policy.
• 8.5.6 Payment Deadline: Payment must be made within 24 hours of order submission, or the order will be automatically canceled.
• 8.5.7 Release of Payment: Payments will be collected by DhuMall or its authorized agents. Payment will be released to the Seller when: (a) The product is successfully sold. (b) The Shopper confirms delivery, or there is no dispute three days after confirmation of delivery.

All conditions must be met for a transaction to be deemed "successful." DhuMall determines what constitutes a successful transaction.

• 8.5.8 Liability: DhuMall is not liable for any loss or damages arising from product information, the Seller's inability to process purchases, or incorrect payment information provided by the Shopper.
• 8.5.9 Valid Payment Methods: You must use legally available payment methods and not use payment methods under another party's name. DhuMall reserves the right to review and suspend transactions for investigation.
• 8.5.10 Accurate Information: Shoppers must provide accurate and up-to-date personal information and are responsible for any damages or losses from fraudulent actions.
  
  

9) PAYMENT PROTECTION SERVICES

9.1 Purpose and Mechanism

• 9.1.1 Escrow Service: DhuMall provides Payment Protection Services to ensure a safe environment for e-commerce transactions. Payments made by Shoppers are held by DhuMall and only released to Sellers upon confirmation of product delivery and fulfillment of other criteria. This service is free for all products purchased on the Platform.
• 9.1.2 Refund Conditions: Under Payment Protection Services, you may contact DhuMall for a refund if you: (a) Do not receive the product within the stated time period. (b) Receive a defective product or one that significantly does not match the description.

9.2 Cessation of Payment Protection Services

• 9.2.1 Protection Period: Shopper protection under Payment Protection Services is valid until the product is successfully delivered and accepted, which is before the "Purchase Confirmed" status is updated.
• 9.2.2 Order Confirmation: Confirmation can occur through: (a) Shopper's Purchase Confirmation: Confirm via “My Account > Orders” by clicking "Confirmed Received." (b) Automatic Shipment Received: DhuMall will automatically confirm receipt if no action is taken by you.
• 9.2.3 End of Protection: Once the status changes to "Shipment Received," Payment Protection Services will no longer apply, and payment will be released to the Seller.
• 9.2.4 Post-Protection Requests: Any cancellation or refund requests after protection ends must be made directly to the Seller, subject to their approval and conditions.

9.3 No Representation

• 9.3.1 Independence: The provision of Payment Protection Services does not make DhuMall a representative of Sellers or Shoppers, nor does it mean DhuMall is acting as a proxy for any party in fulfilling their transaction obligations.
  
  

10) DELIVERY OF PRODUCTS

10.1 General

• 10.1.1 Delivery Policy: Delivery of products is subject to a separate delivery policy and procedures determined and published by DhuMall.

10.2 Proper Delivery Address

• 10.2.1 Delivery Address: Products will be delivered to the address specified in your order.
• 10.2.2 Incorrect Details: You bear the risk for products wrongly delivered due to incorrect address, phone number, or contact person details provided by you.

10.3 Failure to Deliver by Seller

• 10.3.1 Seller's Obligation: If the Seller fails to deliver the product within the specified period without proper justification, you may request a cancellation of the transaction.
• 10.3.2 Refund: DhuMall will refund any payment made in accordance with the Cancellation, Exchange, Return, and Refunds Policy in force at that time.
  
  

11) CANCELLATION, RETURNS, EXCHANGE AND REFUNDS

• 11.1 Policy Reference: For detailed information regarding the obligations of Sellers and Shoppers concerning cancellation, exchange, returns, and refunds, please refer to the Cancellation, Exchange, Return, and Refunds Policy at https://shop.dhumall.com/page/return-refund-policy.
• 11.2 Policy Integration: The Cancellation, Exchange, Return, and Refunds Policy should be read in conjunction with the Terms of Service, these Terms and Conditions, and other relevant Policies in force.
  
  

12) PROMOTIONAL EVENTS

• 12.1 Promotions: DhuMall may periodically offer various promotions, events, and activities to encourage and sustain Shopper interest in products listed on the Platform ("Promotion").
• 12.2 Promotion Policy: Promotions are subject to a separate promotion policy and procedures determined by DhuMall ("Respective Promotion Policy").
• 12.3 Rights Reserved: DhuMall reserves the right to introduce, modify, withdraw, suspend, or cancel Promotions at its discretion. Shoppers should review and understand the separate terms governing each Promotion. DhuMall may provide prior notice to Shoppers regarding any changes to Promotions or their terms and conditions.
  
  

13) FEEDBACK AND REVIEW SYSTEM

13.1 Submission of Feedback

• 13.1.1 Entitlement to Feedback: Shoppers can provide feedback or reviews for products purchased and user experiences on the Platform. Feedback is welcomed to help improve service quality.
• 13.1.2 Submission Method: Reviews or feedback can be submitted via writing, image, and/or video clip through the Platform's feedback mechanism. Feedback contributes to the Seller's rating on the Platform.
• 13.1.3 Responsibility: Reviews are publicly available, and you are solely responsible for your feedback. Ensure reviews are fair, based on personal experience, and not unlawful, defamatory, or untrue.

13.2 Right to Remove Feedback

• 13.2.1 Removal Rights: DhuMall reserves the right to remove any review or feedback that violates All Terms, is malicious, defamatory, derogatory, or violates applicable laws, without prior notice.
• 13.2.2 Negative Feedback: DhuMall may maintain negative feedback unless the Seller proves it contains mistakes, omissions, falsehoods, defamation, obscenity, pornography, profanity, breaches of law, or interferes with third-party rights.
  
  

14) DISPUTES BETWEEN SHOPPER AND SELLER

14.1 Discussions in Good Faith

• 14.1.1 Resolve Disputes: If you have a dispute with another Member or Seller, first attempt to resolve it with them in good faith.

14.2 Referral of Dispute to DhuMall

• 14.2.1 Unresolved Disputes: If you cannot resolve the dispute, you can submit it to DhuMall for final determination and resolution.
• 14.2.2 DhuMall's Authority: You agree that DhuMall has full authority to make a final decision on the dispute.

14.3 Decision by DhuMall

• 14.3.1 Review Process: DhuMall will review all evidence from both parties and issue a final decision without bias, considering industry principles and the interests of both parties.
• 14.3.2 Compliance: You agree to abide by DhuMall's decision and follow all directions. DhuMall may:
  • (a) Cancel any transaction on the Platform.
  • (b) Release funds held under the Payment Protection Services to either party.
  • (c) Suspend or remove accounts.
  • (d) Remove product listings.
  • (e) Remove unlawful content from Seller stores.
  • (f) Revise account ratings.
  • (g) Cancel, forfeit, or deduct Coupons, Credits, and Points.
  • (h) Take necessary actions to enforce the decision.
• 14.3.3 Facilitator Role: DhuMall is not a judicial or arbitration institution but a facilitator for dispute resolution. You agree not to hold DhuMall liable and waive any claims against DhuMall regarding the decision.
  
  

15) INTELLECTUAL PROPERTY RIGHTS

15.1 Site Contents: DhuMall owns or is the lawful licensee of all rights and interests in the Platform and its contents ("Site Contents"). All rights are reserved unless otherwise stated.

15.2 Trademarks: "DHUMALL" and related icons and logos are registered trademarks or service marks owned or licensed by DhuMall. Unauthorized use is prohibited.

15.3 Infringements: Contact DhuMall if your copyright or other intellectual property is infringed. DhuMall may take down the product listing or suspend sales until the claim is resolved.

15.4 Compliance: Ensure all content you provide on the Platform does not infringe on any intellectual property rights. Use such rights with the necessary consent or approval from the rights' owner.

15.5 Ownership of Media: DhuMall owns the intellectual property rights to any photographs or videos of products arranged by or taken by DhuMall as part of its services.

15.6 Affiliates: Information about products for sale may be disclosed to DhuMall's affiliated third parties to boost sales, subject to the Terms of Service and these Terms and Conditions.

15.7 Indemnity: You agree to indemnify DhuMall and its directors and employees against claims arising from your use of intellectual property rights or violation of intellectual property laws.

15.8 Third-Party Claims: If you receive claims that your postings infringe on third-party rights, you should exempt DhuMall, its directors, employees, and the Platform from such claims.

15.9 Complaints: Notify DhuMall of any claims of intellectual property infringement. You are responsible for compensating DhuMall for any losses arising from your use of intellectual property rights.

15.10 Usage: By posting content on the Platform, you grant DhuMall a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, publish, and distribute the content worldwide.
 

16) LIABILITY

16.1 Disputes: If you have a dispute with a Member regarding products purchased on the Platform, you must release and indemnify DhuMall from all claims, demands, liabilities, and damages connected with the dispute.

16.2 No Guarantees: DhuMall does not guarantee the quality, safety, merchantability, legality, or accuracy of products and content listed by Sellers on the Platform.

16.3 Access: DhuMall cannot guarantee continuous or secure access to the Platform and services, which may be affected by factors outside DhuMall's control.

16.4 No Warranty: All materials, information, and content on the Platform are provided "as is" without any warranties or conditions, express or implied.

16.5 Responsibility: DhuMall assumes no responsibility for errors, inaccuracies, or omissions in the information on the Platform. You are responsible for evaluating the accuracy and usefulness of any information.

16.6 No Liability: DhuMall is not liable for any loss, damage, injury, or expense arising from the supply or use of products. DhuMall is not liable for special, indirect, incidental, or consequential damages.

16.7 Unauthorized Access: DhuMall is not responsible for unauthorized access to or alteration of your data, any threatening or illegal content from others, or any content from third parties on the Platform. DhuMall is not liable for any special, incidental, indirect, consequential, or punitive damages.
 

17) NO WARRANTIES

17.1 Responsibility for Content: DhuMall is not responsible for other Members' content, actions, inactions, or products listed by Members.

17.2 Private Transactions: Transactions between you and Members are private contractual arrangements, and DhuMall is not a party to these transactions. DhuMall is only responsible for operating and managing the Platform.

17.3 No Guarantee: DhuMall does not guarantee the quality, safety, legality, or accuracy of products or content listed by Members, nor the ability of Members to complete transactions.

17.4 Ownership of Products: DhuMall does not hold legal ownership of products and is not involved in the transfer of ownership from Seller to Shopper. Ownership transfers upon the physical receipt of the product.

17.5 Disputes: If you have a dispute with another Member, you release and indemnify DhuMall from all claims, demands, and damages arising from the dispute.

17.6 Exclusion of Warranties: DhuMall excludes all implied warranties, terms, and conditions. DhuMall is not liable for any special, indirect, or consequential damages from your use of the Platform and Services.

17.7 No Warranty: All materials, information, and content on the Platform are provided "as is" without any warranties. DhuMall is not responsible for errors or omissions and is not liable for any loss or damage caused by reliance on the information.
 

18) ACCESS AND INTERFERENCE

18.1 Automated Access: The Platform has robot exclusion headers. You agree not to use any automated means, such as robots or scrapers, to access the Platform without DhuMall's prior written permission.

18.2 Prohibited Actions: You agree not to:

• 18.2.1 Load: Take any action that imposes or may impose an unreasonable or disproportionately large load on the Platform's infrastructure.
• 18.2.2 Content Use: Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Platform without DhuMall's permission, except for your own information and reference.
• 18.2.3 Interference: Interfere with or attempt to interfere with the proper working of the Platform or any activities conducted on it.
• 18.2.4 Bypass: Bypass DhuMall’s robot exclusion headers or any other measures to prevent or restrict access to the Platform.
  
  

19) GENERAL

19.1 Governing Law: These Terms and Conditions are governed by the laws of Malaysia. Any disputes will be settled by private and confidential arbitration in Malaysia, except for protecting intellectual property rights through the courts.

19.2 Notices: Any communication to DhuMall must be made in writing and delivered personally or sent by prepaid registered post to:

DhuMall Sdn. Bhd.
K03-12-11, Tower 3, UOA Business Park,
Jalan Pengaturcara U1/51, Kawasan Perindustrian Temasya,
40150 Shah Alam, Selangor, Malaysia.

19.3 No Assignment: DhuMall can assign or transfer the Terms and Conditions by providing written notice to you. You cannot assign these Terms and Conditions to anyone.

19.4 Force Majeure: DhuMall is not liable for any failure to perform obligations due to events beyond its control, such as strikes, industrial disputes, fire, floods, government actions, war, national emergencies, or Acts of God.

19.5 Severability: If any part of these Terms is found to be illegal or unenforceable, the remaining Terms will continue in force.

19.6 Waiver: If DhuMall fails to enforce any rights under these Terms, it does not waive the right to enforce them in the future.

Last updated 20/1/2025

APENDIX 1

DEFINITIONS

Applicable Laws: All applicable laws, regulations, rules, orders, judgments, and decisions by authorities or courts that a person is subject to.

Business Day: A day when banks are open for business in Kuala Lumpur, excluding weekends and public holidays.

Intellectual Property Rights: Rights related to copyrights, trade secrets, trademarks, patents, and other intellectual property, whether registered or not, including any applications for protection.

Member: A registered user of the Platform, either as a Shopper or Seller, who agrees to all terms and conditions and can buy or sell products on the Platform.

Order: A request to purchase products or services placed by a Shopper via the Platform.

Payment Protection Services: An escrow service provided by DhuMall to protect Shoppers' payments until delivery is confirmed.

Platform: The online marketplace operated by DhuMall, enabling transactions between registered Members, located at shop.dhumall.com.

Policies: Collective term for the Privacy Policy, Cancellation, Exchange, Returns and Refunds Policy, and other policies posted on the Platform.

Privacy Policy: DhuMall’s policy on the collection, use, and management of personal data on the Platform.

Products: Items or services listed for sale by Sellers on the Platform.

Seller Center: A virtual store on the Platform where Sellers can list products for sale.

Seller: A Member who sells products through the Platform, which can be a natural person, a local entity registered under the Companies Act 2016, or a foreign entity registered outside Malaysia.

Services: Services offered by DhuMall through the Platform, which may include third-party services like payment gateways and logistics.

Shopper: A Member purchasing products or services from a Seller via the Platform.

Terms and Conditions: The rules governing membership of the Platform, including eligibility, available services, member benefits, and member obligations.

Terms of Service: The general terms outlining the rights and obligations of Sellers on the Platform.

Transaction: A sale and purchase transaction of products between a Shopper and a Seller conducted via the Platform.