Welcome to https://ihotbiz.dhumall.com (“Our Site”). We provide website features and other services (“Services”) to you when you visit Our Site. By using the Services in any way, you are agreeing to comply with the Terms of Use (“TOU”). We reserve the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of Our Site.
Please read these conditions carefully.
We offer a wide range of DhuMall services, and sometimes additional terms may apply. When you use a DhuMall service (for example, Business Opportunities Services -iHotBiz, Business Solution Services, Freelancer Services, Education and Training, Buy Wholesale, or Product Sourcing - iGlobalSuccess) you also will be subject to the guidelines, terms, and agreements applicable to that DhuMall services. If those conditions of use are inconsistent with the TOU hereof, the TOU hereof will control.
1. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of Our Site and/or Services requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter the TOU at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
3. ELIGIBILITY FOR USE
We reserve some parts of Our Site and/or Services exclusively for professional purchasers, sellers, collectors, and resellers of products and services who are acceptable to us at our sole discretion. Although we attempt to limit the use of these parts of Our Site and/or Services to such purchasers, sellers, collectors, and resellers of products and services, nothing herein shall create any right of action against us for failing to adequately screen potential users or prevent the use of Our Site and/or Services by users who are not professional purchasers, sellers, collectors, and resellers of products or services.
4. CONTENT
You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from Our Site and/or Services are the sole responsibility of the person/representative of the company from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email, or otherwise make available via Our Site and/or Services. Likewise, if you request our assistance to post Content, or if you imply consent that we may post Content on your behalf, either by written or oral means, or you fail to inform us that Content should be removed, you are equally responsible for the Content. You waive any and all claims against us of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on Our Site and/or Services. You understand that we do not control and are not responsible for personal Content made available through Our Site and/or Services and that by using Our Site and/or Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post Content to Our Site and/or Services, you authorize and direct us to make such copies thereof as Our Site deem necessary in order to facilitate the posting and storage of the Content on Our Site and/or Services. By posting Content to any part of Our Site and/or Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose on or in connection with Our Site and/or Services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, Our Site and Content available through Services may contain links to other websites, which are completely independent of Our Site. We make no representation or warranty as to the accuracy, completeness, or authenticity of the information contained on any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on the said Content, and that under no circumstances will we be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via Our Site and/or Services. You acknowledge that we do not pre-screen or approve Content, but that we shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via Our Site and/or Services, for violating the letter or spirit of the TOU or for any other reason.
However, all contents and codes are copyright of us. All Rights Reserved. We reserve the right at our sole discretion to refuse any advertising or submitted information.
5. THIRD-PARTY CONTENT, SITES, AND SERVICES
Our Site and Content available through the Services may contain features and functionalities that may link you or provide you with access to third-party content, which is completely independent of us, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through Our Site and/or Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety, or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. Our Site and/or Services are designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. It is not possible for us to verify information provided by the seller of any item.
For any investment listed on Our Site and/or Services, it is up to the prospective buyer and user to thoroughly investigate any listing or company, obtain the appropriate disclosure documents and seek expert consultation prior to making any investment decisions. We strongly recommend professional representation by an attorney, accountant, and tax advisor prior to entering into any sort of agreement.
You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of Our Site and/or Services. If there is a dispute between users of Our Site and/or Services, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release us, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
6. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to us for notice of claims of copyright or other intellectual property infringement:
by email: info@dhumall.com
Please include the following with your Notice:
The identity of the material on Our Site that you claim is infringing, in sufficient detail so that we may locate it on the website.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Your address, telephone number, and email address.
A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
Your physical or electronic signature.
7. PRIVACY AND INFORMATION DISCLOSURE
We may, in our sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by our Privacy Policy.
8. CONDUCT
You agree not to post, email, or otherwise make available Content:
Additionally, you agree not to:
9. POSTING AGENTS
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to Our Site and/or Services on behalf of others. To moderate demands on our resources, you may not use a Posting Agent to post Content to Our Site and/or Services without express permission or license from us. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access Our Site and/or Services to facilitate posting Content on behalf of others, except with express permission or license from us.
10. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to our email addresses or through our computer systems is expressly prohibited by the TOU hereof. Any unauthorized use of our computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
11. PAID POSTINGS
We may charge a fee to post Content in some areas of Our Site and/or Services. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to Our Site and/or Services is responsible for the said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from Our Site and/or Services for violating the TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.
12. LIMITATIONS ON SERVICE
You acknowledge that we may establish limits concerning the use of Our Site and/or Services, including the maximum number of days that Content will be retained by Our Site and/or Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by Our Site and/or Services, and the frequency with which you may access Our Site and/or Services. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by Our Site and/or Services. You acknowledge that we reserve the right at any time to modify or discontinue Our Site and/or Services (or any part thereof) with or without notice and that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Our Site and/or Services.
13. ACCESS TO THE SERVICES
We grant you a limited, revocable, nonexclusive license to access Our Site and/or Service for your own personal use. This license does not include (a) access to Our Site and/or Services by Posting Agents; or (b) any collection, aggregation, copying, duplication, display, or derivative use of Our Site and/or Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by us. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to Our Site and/or Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other services that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.
We do not permit you to display on your website or create a hyperlink on your website to, individual postings on Our Site and/or Services, absent express permission granted by us to do so. You may create a hyperlink to the home page of Our Site and/or Services, so long as the link does not portray us, our employees, or our affiliates in a false, misleading, derogatory, or otherwise offensive matter.
We may offer various parts of Our Site and/or Services in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third-party software news aggregators. We permit you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on Our Site and/or Services and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “Our Site” as the source, (d) your use or display does not suggest that we promote or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden our systems. We reserve all rights to the content of the RSS feeds and may terminate any RSS feed at any time.
Use of Our Site and/or Services beyond the scope of authorized access granted to you by us immediately terminates the said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of Our Site and/or Services or any Content made available via Our Site and/or Services for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from us that has been signed by one of our authorized representatives.
14. TERMINATION OF SERVICE
You agree that we, in our sole discretion, have the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of Our Site and/or Services (or any part thereof), immediately and without notice, and remove and discard any Content within Our Site and/or Services, for any reason, including, without limitation, if we believe that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that we shall not be liable to you or any third party for any termination of your access to Our Site and/or Services. Further, you agree not to attempt to use Our Site and/or Services after the said termination. Sections 2-7 and 13-18 shall survive termination of the TOU.
15. PROPRIETARY RIGHTS
Our Site and/or Services are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through Our Site and/or Services is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of us. You further agree not to reproduce, duplicate, or copy Content from Our Site and/or Services without our express written consent of us, and agree to abide by any and all copyright notices displayed on Our Site and/or Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in Our Site and/or Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of Our Site and/or Services. DhuMall, iHotBiz, as well as certain other of the names, logos, and materials displayed on Our Site and/or Services, constitute trademarks, trade names, service marks, or logos (“Marks”) of DhuMall, iHotBiz, or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with DhuMall, iHotBiz, or those other entities.
Although we do not claim ownership of content that our users post, by posting Content to any public area of Our Site and/or Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of Our Site and/or Services, you automatically grant us all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on Our Site and/or Services by any party for any purpose.
16. DISCLAIMER OF WARRANTIES
YOU AGREE THAT THE USE OF OUR SITE AND/OR SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITE AND/OR SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF OUR SITE AND/OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SITE AND/OR SERVICES, OR ACCESSED THROUGH ANY LINKS ON OUR SITE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOODS OR SERVICES, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOODS OR SERVICES, ANY WARRANTY THAT ANY GOODS OR SERVICES CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE, AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH OUR SITE AND/OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OUR SITE OR THROUGH SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
17. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF OUR SITE AND/OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OUR SITE AND/OR SERVICES, FROM INABILITY TO USE OUR SITE AND/OR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF OUR SITE AND/OR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SITE AND/OR SERVICES OR ANY LINKS ON OUR SITE AND/OR SERVICES. AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SITE AND/OR SERVICES OR ANY LINKS ON OUR SITE AND/OR SERVICES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
18. INDEMNITY
You agree to indemnify and hold harmless we, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content available, you submit, post or make available through Our Site and/or Services, your use of Our Site and/or Services, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
19. GENERAL INFORMATION
The TOU, and any additional terms to which you agree when using particular elements of Our Site and/or Services, constitute the entire agreement between you and DhuMall (“we, us, our”) and govern your use of Our Site and/or Services, superseding any prior agreement between you and DhuMall. The failure of DhuMall to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Our Site and/or Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU by sending an email to info@dhumall.com.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for us to pursue legal action to enforce the TOU, you will be liable to pay us an amount which will be determined later and which you accept as reasonable estimates of our damages for the specified breaches of the TOU:
Notwithstanding any other provision of the TOU, we retain the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.
21. BRAND AGREEMENT
Legal Disclaimer: By logging in to your account, you are agreeing to the terms below and you are stating that you have the authority to represent your company’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not log in to the account.
1) Parties: This “Agreement” between “I” or “me” or the “Company” and DhuMall. (“DhuMall”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.
2) Content: I hereby license to DhuMall the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on DhuMall and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other websites DhuMall at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests, and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but DhuMall retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for DhuMall to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my DhuMall account with any updates to the Content necessary to keep such Content accurate and representative of my products. DhuMall and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.
3) Fees:
(a) Membership: Price as stated on DhuMall at the time of purchase of the membership. Price remains locked in as long as membership is kept current. All payments are paid upfront at the beginning of the 30-day billing cycle. All yearly payments are paid upfront at the beginning of the 365-day billing cycle. Payments are automatically deducted from the account on file each billing cycle unless I cancel my account.
4) Length of Contract: This Agreement is valid up to and until I cancel my account.
5) Billing: In the event that a payment is due on my Membership, but my credit card on file is no longer valid or active, DhuMall may attempt to contact me to determine updated account information. DhuMall will wait thirty (30) days before canceling my membership.
6) Termination: I may request termination of this agreement at any time. Termination will take effect upon the end of the last day of my billing cycle. DhuMall may terminate this agreement at will. In the event, DhuMall terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.
End Agreement.
(Updated as of 30th September 2022)