Terms of Use
1
Introduction
1.1 Welcome to the DEHOUZE website, DEHOUZE mobile app whether available on Android or iOS, DEHOUZE social media accounts and/or mobile communications (“Platform”). These terms of use (“Terms of Use”) govern your access and use of the Platform (“Services”), use and/or purchase of any services made available by us on the Platform (“Solutions”) which are provided by independent third parties who provide the Solutions through the Services (“Service Providers”). Before using the Services and/or the Solutions, you must read carefully and accept these Terms of Use and all other terms and conditions and such policies pertaining to the use of the Platform and/or the Services as may be published on the Platform and/or by notification to you (collectively referred to as “DEHOUZE Terms and Conditions”) and you must consent to the processing of your personal data as described in the DEHOUZE privacy policy set out at www.dehouze.com (“Privacy Policy”).
1.2 By accessing the Platform, using the Services and/or Solutions, you agree to be bound by DEHOUZE Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to DEHOUZE Terms and Conditions and the Privacy Policy, do not access and/or use this Platform, Services and/or Solutions.
1.3 The Terms of Use stated herein constitutes a legal agreement between you and DEHOUZE PLATFORM SDN BHD [Registration No. 202201028856 (1474553-D)] a company incorporated in Malaysia of Sunsuria Forum @ 7th Avenue Block E221, Jalan Setia Dagang Al U13/AL Setia Alam 40170 Shah Alam Selangor, Malaysia (“DEHOUZE”, “we”, “us” or “our”).
1.4 By accessing the Platform, using the Services and/or Solutions, you agree to be bound by DEHOUZE Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to DEHOUZE Terms and Conditions and the Privacy Policy, do not access and/or use this Platform, Services and/or Solutions.
1.5 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.
1.6 DEHOUZE may provide any such services including but not limited to cleaning or otherwise. Unless specifically stated that the services on the Platform are provided by DEHOUZE, DEHOUZE acts as a platform provider for potential customers who are seeking for certain Solutions listed on our Platform and we are here to facilitate, link and/or match such potential customers with our independent third party Service Providers.
1.7 To the fullest extent permitted by law, if any clause of these terms and conditions is invalid or unenforceable in any jurisdiction, it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability, and that fact does not affect the validity or enforceability of that clause in another jurisdiction or the enforceability of the remaining clauses.
1.8 DEHOUZE is a technology company which provides a platform for users to obtain services provided by third party Service Providers. DEHOUZE’s role is merely to link the user with such Service Provider. DEHOUZE is not responsible for the acts and/or omissions of any third party Service Provider, and any liability in relation to such services shall be borne by the third party Service Provider. Third party Service Providers shall not represent to be an agent, employee or staff of DEHOUZE and the solutions provided by third party Service Providers shall not be deemed to be provided by DEHOUZE.
2
Use of The Platform and/or Services
2.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to DEHOUZE Terms and Conditions, for the purpose of booking and/or purchasing services made available to you on our Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these DEHOUZE Terms and Conditions shall result in the immediate revocation of the license granted herein without notice to you.
2.2 Content provided on this Platform is solely for informational purposes. Submissions, reviews and/or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. DEHOUZE shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.5 We reserve the right, but shall not be obliged to:
(a) we may, at our sole and absolute discretion, investigate any violation of these DEHOUZE Terms and Conditions contained herein and may take any action we deem appropriate;
(b) prevent, restrict and/or refuse access and/or sale to any user of the Platform, Services and/or Solutions;
(c) report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or;
(d) to request any information and data from you in connection with your use of the Services, Solutions, and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
3
Third Party Interactions
3.1 During use of the Services and/or Solutions, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform. Any such communication or agreement is strictly between you and the applicable third party and DEHOUZE shall have no liability or obligation for any such communication or agreement. Neither DEHOUZE nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform, and in no event shall DEHOUZE or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers.
3.2 Certain third party providers of goods and/or services may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and DEHOUZE is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.
3.3 You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. DEHOUZE is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.
4
User Submissions
4.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may remove or edit any Submissions that we deem necessary.
5
Trademarks and Copyrights
5.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
5.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained therein.
6
Limitation of Responsibility and Liability
6.1 The Platform and all data and/or information contained therein and/or the Services and Solutions are provided on an “as is” and “as available” basis without any warranties, claims or representations made by DEHOUZE of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose.
6.2 Without limiting the foregoing, DEHOUZE does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
6.3 DEHOUZE and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Platform, Services and/or Solutions;
(b) reliance on any data or information made available through the Platform – you should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
6.4 Unless specifically stated otherwise, any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform, Services and/or Solutions is entirely at your own risk and we shall not be liable therefore.
7
Applicable Law and Jurisdiction
7.1 These Terms of Use and/or other DEHOUZE Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.
8
Arbitration
8.1 Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other DEHOUZE Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.
8.2 Notwithstanding the foregoing, DEHOUZE reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
9
Termination
9.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other DEHOUZE Terms and Conditions. Upon any termination of these Terms of Use and/or other DEHOUZE Terms and Conditions, you shall immediately cease all access to and use of the Platform, Services and/or Solutions and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that DEHOUZE shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform, Services and/or Solutions or with any terms, conditions, rules, policies, guidelines, or practices of DEHOUZE, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform, Services and/or Solutions.