1.1  “Customer” means the person who purchases Solutions on the Platform;

1.2  “Conditions” means these terms and conditions of sale;

1.3  “Contract” means the contract formed when DEHOUZE accepts the order placed by Customer on the platform for the purchase of Solutions;

1.4  “DEHOUZE Terms and Conditions” means these Conditions and all other terms and conditions and policies pertaining to the use of the Platform and/or purchase of the Solutions;

1.5  “DEHOUZE Policies” means DEHOUZE policies pertaining to the Solutions as may be amended by DEHOUZE from time to time as found on the Platform;

1.6  “Platform” means the www.dehouze.com website and/or the DEHOUZE mobile app whether available on Android or iOS;

1.7  “Solutions” means the services made available for purchase by the Customer on the Platform;

1.8  “Service Fee” means the fee payable by the Customer for the purchase of the Solutions upon making the order/booking on the Platform;

1.9  “Service Providers” means the our third party independent service providers to fulfil the delivery and performance of the Services purchased by Customers on the Platform;

1.10  “Writing” includes electronic mail, post and any comparable means of communication.

2.1  The Platform provides a place and opportunity for the sale of Solutions and DEHOUZE shall use commercially reasonable effort to match and/or arrange for its third party Service Providers to deliver the Solutions. When a Customer places an order/booking on the Platform for purchase of the Services and DEHOUZE has accepted the same, this shall constitute a Contract entered into directly between DEHOUZE and the Customer and you irrevocably agree to be bound by the DEHOUZE Terms and Conditions.

 

2.2  While DEHOUZE endeavours to provide to an accurate description of the Solutions, neither DEHOUZE nor the Service Providers warrants that such description is accurate, current or free from error. In the event that the Services the Customer receives is fundamentally different from the Services as described on the Platform and which the Customer has ordered and verified by DEHOUZE that it is in fact fundamentally different, Clause 7 of these Conditions shall apply.

 

2.3  Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by DEHOUZE in its website shall be subject to correction without any liability on the part of DEHOUZE.

3.1  The Customer may purchase the Solutions by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to DEHOUZE’s acceptance in their sole discretion and each order accepted by DEHOUZE shall be deemed to be irrevocable and unconditional. DEHOUZE shall be entitled (but not obliged) to process such orders without further consent from the Customer. Nevertheless, you may request to cancel or amend the order which DEHOUZE shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

 

3.2   Order acceptance and completion of the Contract between the DEHOUZE and the Customer will only be completed upon DEHOUZE issuing a confirmation on the performance of the Solutions to the Customer. For the avoidance of doubt, DEHOUZE shall be entitled to refuse or cancel any order without giving any reasons for the same to the Customer prior to delivery and the performance of the Solutions and the Service Fee paid shall be refunded to the Customer in accordance to DEHOUZE’s refund policy. DEHOUZE shall furthermore be entitled to require the Customer to furnish DEHOUZE with contact and other verification information.

4.1  The price of the Service Fee shall be the price stated on the Platform at the time which the Customer places and completes the order/booking form on the Platform and shall be subject to the applicable DEHOUZE Policies. The Service Fee shall exclude any applicable sales and services tax, value added tax or similar tax which the Customer is liable to pay to DEHOUZE in addition to the price.

 

4.2  For the avoidance of doubt, the Customer shall be required to make full payment of the Service Fee in full prior to the delivery and/or performance of the Solutions by DEHOUZE and/or the third party Service Providers.

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4.3 Customers utilizing DEHOUZE services are solely responsible for any parking fees or related charges incurred during the use of our services. DEHOUZE does not assume liability for any expenses related to parking incurred by the customer.

 

4.4  In the event that the Solutions has been mispriced on the Platform, DEHOUZE reserves the right to terminate the Contract, in which DEHOUZE shall notify the Customer of such cancellation by giving a minimum of two (2) hours notice from the intended Solutions delivery and performance date and time.

5.1  The Customer shall be required to make payment for the Solutions using any payment gateway and/or e-wallet and/or such other payment method that DEHOUZE may elect to use on the Platform (“Payment Gateway”) by way of electronic fund transfer to DEHOUZE’s designated bank account (“DEHOUZE Account”) and/or cash deposit in DEHOUZE Account (collectively, “Authorised Payment Methods”). All payments shall be made to DEHOUZE via the Payment Gateway and the Customer acknowledges that DEHOUZE shall be entitled to collect payments from the Customer on behalf of the Service Providers. For the avoidance of doubt, any and all charges incurred as a result of using the Payment Gateway and/or electronic fund transfer to DEHOUZE Account shall be borne by the Customer.

 

5.2  The Payment Gateway supports the following payment methods and may be subject to the following terms as may be imposed by the Payment Gateway and DEHOUZE.

 

5.3  The Customer may not claim against DEHOUZE or any of its agents (which may include DEHOUZE), for any failure, disruption or error in connection with the Customer’s chosen payment method. DEHOUZE reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Customer or giving any reason.

 

5.4  If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to DEHOUZE, DEHOUZE shall be entitled to cancel the Contract or suspend delivery and performance of the Solutions until payment is made in full.

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5.5  (a) Subscribers may choose to cancel the monthly subscription with a 30-days notice.

(b) Unused subscription hours CANNOT be carried forward to the next month and will expire after one (1) month.

(c) Unused subscription hours are NON-transferable and NON-refundable.

 

5.6  (a) A refund will only be considered if DEHOUZE is unable to arrange a cleaner after the second attempt.

(b) In the event of an eligible refund, a 10% administration charge will be deducted from the total refund amount.

(c) Refunds will be processed and completed within 7 business days of receiving the refund request, excluding weekends and public holidays.

(d) All refunds shall be made via bank transfer and/or via a refund to the credit card used by the Customer when paying the Service Fees. DEHOUZE offers no guarantee of any nature for the timeliness of the refunds and the processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by the Customer. All refunds are conditional upon DEHOUZE’s acceptance in writing. DEHOUZE reserve the right to modify the mechanism of processing refunds at any time without notice.

 

5.7  All payments for the purchased Solutions must be made to DEHOUZE using the Authorised Payment Methods only. DEHOUZE shall not be held responsible for any losses which may arise from payments made directly to Service Providers or through payment methods apart from the Authorised Payment Methods.

6.1  Delivery and performance of the Solutions shall be at the address specified by the Customer in its order (“Location”).

 

6.2  DEHOUZE shall have the right at any time to sub-contract all or any of its obligations for the delivery and performance of the Solutions to any other party as DEHOUZE may from time to time decide without giving notice of the same to the Customer.

 

6.3  In the event the third party Service Providers has failed, refused and/or neglected to deliver the Services on the date and time selected by the Customer, through no fault of the Customer as confirmed by DEHOUZE, the Customer shall, by serving written notice to DEHOUZE, be entitled to reschedule the delivery and performance of the Solutions or opt for a full refund of the Service Fees paid in accordance with Clause 5 above.

 

6.4  The Customer hereby agrees that in the event the Customer is not at the Location and/or fails to provide access into the Location on the date and time selected by the Customer in its order, the third party Service Providers may, at their discretion wait for no longer than twenty (20) minutes failing which the Services are deemed cancelled and the Service Fees paid shall be forfeited by DEHOUZE absolutely without any refund given to you.

7.1  You may make a cancellation request in writing to DEHOUZE up to 48 hours prior to the time and date for the delivery and performance of the Solutions. DEHOUZE shall use commercially reasonable efforts to accommodate the Customer’s cancellation request. In the event the cancellation request is accepted, DEHOUZE shall refund the Service Fees paid in accordance with Clause 5 above.

 

7.2  The Customer hereby agrees that in the event a cancellation request is made in writing to DEHOUZE less than 48 hours prior to the time and date for the delivery and performance of the Solutions, such request shall be deemed late cancellation notice and DEHOUZE reserves the right to forfeit absolutely the Service Fees paid by the Customer.

 

7.3  In the event the Customer intends to reschedule the appointment made, the Customer may submit a request in writing to DEHOUZE only up to 48 hours prior to the time and date for delivery and performance of the Solutions. DEHOUZE makes no guarantees and/or promises on the availability for such rescheduling and it’s subject always to availability of Service Providers.

8.1  Subject as expressly provided in these Conditions, all other warranties or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

 

8.2  No condition is made or to be implied nor is any warranty given or to be implied as to the suitability of the Solutions.

 

8.3  Any description of the Solutions is given by way of description only and the use of such description shall not constitute a sale by description.

9.1  DEHOUZE shall be under no liability in respect of any damage to the Location arising from and/or caused by the Customer and/or invitees, agents and/or licensees of the Customer for wilful damage, negligence, poor condition of the Location and/or unreasonable request given by the Customer that may cause such damage to the Customer’s property.

 

9.2  DEHOUZE shall not be liable for any missing and/or damaged and/or wear and tear items in the Location howsoever arising, and such liability shall fall with the third Party Service Providers unless a police report has been lodged by the Customer and conclusive investigation as confirmed by the police has determined that such missing and/or damaged items in the Location is solely attributable to the third party Service Providers and DEHOUZE shall reasonably endeavour to assist the Customer and the police to locate such perpetrator.

 

9.3  In no event shall DEHOUZE be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Customer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if DEHOUZE had been advised by the Customer of the possibility of incurring the same.

 

9.4  Notwithstanding any other provision of these Conditions, you agree that DEHOUZE’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of Solutions under each Contract, shall not exceed the sums that you have paid to DEHOUZE under such Contract but in any event shall be limited to a maximum cumulative liability of RM250-00.

 

9.5  If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

 

9.6  No action shall be brought against DEHOUZE later than one (1) month after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware.

10.1   Neither DEHOUZE nor the third party Service Providers shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or performance and delivery of the Services if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond DEHOUZE's or third party Service Providers’ reasonable control.

 

10.2   Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to DEHOUZE, to its registered office or principal place of business and if to the Customer, to the address stipulated in the relevant order.

 

10.3   No waiver by DEHOUZE of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, DEHOUZE’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

 

10.4   If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

 

10.5   No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties.

 

10.6   The Contract shall be governed by the laws of Malaysia.

 

10.7   Any such actions brought against DEHOUZE for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.

 

10.8   Notwithstanding Clause 10.7 above, DEHOUZE shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

 

10.9   DEHOUZE may, through the Platform or by such other method of notification as DEHOUZE may designate, vary the terms and conditions of these Conditions and such variation to take effect on the date DEHOUZE specifies through the above means. If the Customer uses the Platform after such date, the Customer is deemed to have accepted such variation.

 

10.10  Any typographical, clerical or other error or omission in any acceptance, invoice or other document on DEHOUZE’s part shall be subject to correction without any liability on DEHOUZE’s part.

 

10.11  These Conditions shall constitute the entire agreement between the Customer and DEHOUZE relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

 

10.12  DEHOUZE reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as DEHOUZE deems appropriate.