Term of Service

This agreement contains the terms and conditions of service between the User and https://dhumall.com.

Welcome to https://dhumall.com! https://dhumall.com (the “Site”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein this Terms of Service (the “TOS”). The Site is operated by Dhunicorn Sdn. Bhd. (“Dhunicorn”). By using the Site, or any services operated by Dhunicorn (“Services”), you are agreeing to be bound by all such terms. 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 “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.

The Site is an e-commerce platform known as “DhuMall” offered by Dhunicorn to sell its products and services.

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

General Terms

  1. Changes to Terms
    Dhunicorn reserves the right, in its sole discretion, to change the terms in this TOS 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. Dhunicorn encourages you to periodically review the terms 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. You agree to use the Site and Services at your own risk.

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

  3. Account Terms
    1. You must not use the Site if you are under 13 years or older.
    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.
    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.
    4. You must provide your legal full name, a valid email address, and any other information requested to sign-up for an Account.
    5. You undertake to keep Dhunicorn informed of your most updated email address by email to support@dhunicorn.com.
    6. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
    7. You are responsible for maintaining the security of your account and password. Dhunicorn cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
    8. You agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Dhunicorn’s provision of the products and services from the Site. If you fail to do so results in delay in providing any of the information required by Dhunicorn to process the activation of the products and services from the Site for you, Dhunicorn shall not be obliged to extend the relevant service period or liable for any loss or damages arising from such delay.
    9. DhuMall is only available to registered account holders of the Sites. If your subscription to the paid or free membership of the Sites expires or is terminated early for any reason, you are not eligible to use the Site or Services through Dhunicorn. In the event that you have a valid account under this TOS at the point at which your paid or free membership registration on the Sites is terminated, Dhunicorn shall have the full discretion and authority to refund to the buyer and/or release to the account holder or part of the funds under the terms of this TOS Dhunicorn considers appropriate in its sole discretion. The buyer and you are required to provide a valid bank account subject to verification and confirmation by Dhunicorn.
    10. The payment processing system may not be used for some of the services rendered by Dhunicorn. These services cannot be charged through the payment processing system of the Site and shall be dealt with separately by support@dhumall.com.
    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).
    12. You are solely responsible for properly cancelling your account. An email request to cancel your account must be sent to support@dhumall.com.

  4. International Users
    The Site is controlled, operated and administered by Dhunicorn. 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.

  5. Payment
    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.
    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.
    3. All transactions must enter a valid credit card. And, if you opted to payment by credit card, you authorize DHUNICORN to charge the fees and other amounts automatically to your credit card.

  6. Refunds
    1. All sales are final and refunds will not be issued unless a purchase is refundable under the product description from the Site. Services rendered from the Site are non-refundable outside of these parameters.
    2. There will be no refunds or credits for partial use of service.
    3. All amount charged are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

  7. Cancellation and Termination
    1. You are solely responsible for properly cancelling your purchase. An email request to cancel your purchase must be sent to support@dhumall.com.
    2. In order to prevent fraud or accidental cancellations, 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.
    3. If you cancel the service before the end of your tenure of usage, your cancellation will take effect immediately.
    4. Dhunicorn, in its sole discretion, has 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.
    5. If a credit card dispute is opened for a payment made for services your paid for from the Site or Services, your account may be terminated immediately, access to the Site or Services will be cancelled.
    6. 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 credit card facility has provided due notification that the credit card dispute has been resolved in full, and has provided Dhunicorn unrestricted access to the disputed funds.
      b. The Merchant Provider of credit card facility has provided due notification that the credit card dispute has been resolved in full, and has provided Dhunicorn unrestricted access to the disputed funds.

  8. Fulfilment and Tenure of Usage of Service
    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 such email address provided by you upon registration for the Site or at the payment gateway of the Site.
    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.

  9. 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.

  10. 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 DHUNICORN and its licensors. Except as specifically authorized in writing by DHUNICORN, 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 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 DHUNICORN, 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:

    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 the 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;
    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 DHUNICORN’s prior written consent;
    3. Allow any further processing or Confidential Information through any outsourced service or application competitive with DHUNICORN and not approved by DHUNICORN; or
    4. Attempt to derive any of DHUNICORN’s product naming conventions or methods for deriving any DHUNICORN product codes or DHUNICORN product names.

  11. Limitation of Warranties, Liability and Waiver
    1. Technical inaccuracies or typographical errors may be present in the information featured on the Site. The products, information, materials and services Dhunicorn provided on the Site are on an “AS IS” basis that is without separate or additional conditions, warranties or terms. Likewise, Dhunicorn disclaims 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.
    2. In conjunction with the Limitation of Warranties as explained in 11.1 above, you expressly understand and agree that any claim against Dhunicorn shall be limited to the amount you paid, if any, for use of the Site or Services.
    3. Under no circumstances will Dhunicorn 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 service;
      b. DhuMall content;
      c. Your use of, inability to use, or the performance of the service;
      d. Any action taken in connection with an investigation by Dhunicorn parties or law enforcement authorities regarding your or any other party’s use of the service;
      e. Any action taken in connection with copyright or other intellectual property owners;
      f. Any errors or omissions in the service’s 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, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Dhunicorn 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 Dhunicorn be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 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.

  12. Indemnification
    You agree to defend (at Dhunicorn's request), indemnify and hold Dhunicorn 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 Dhunicorn in the defence of any claim. Dhunicorn reserves 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 Dhunicorn.

  13. 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 Terms of Use constitute the entire agreement between you and Dhunicorn and governs your use of the service from the Site and Services, superseding any prior agreements between you and Dhunicorn. 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 Dhunicorn. Any purported assignment or delegation by you without the appropriate prior written consent of Dhunicorn will be null and void. Dhunicorn 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.

  14. Force Majeure
    Under no circumstances shall Dhunicorn 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.

  15. General Provisions
    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.
    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.
    3. Dhunicorn 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 Dhunicorn). You may not assign, in whole or part, this TOS to any person or entity without prior consent from Dhunicorn.
    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.