Welcome to the dimarkethall platform. Please read these terms and conditions carefully. The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Platform or the Services.

Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.

If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.

2. General use of Services and/or access of Platform

2.1 Guidelines to the use of Platform and/or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

2.2 Restricted activities: You agree and undertake NOT to:

(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;

(b) use the Platform or Services for illegal purposes;

(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;

(d) post, promote or transmit through the Platform or Services any Prohibited Materials;

(e) interfere with another’s utilization and enjoyment of the Platform or Services;

(f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or Services; and

(g) use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

2.3 Availability of Platform and Services: 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.

2.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:

(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;

(b) prevent or restrict access of any Customer to the Platform and/or the Services;

(c) report any activity it suspects 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 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.

2.5 Privacy Notice: Your use of the Services and/or access to the Platform is also subject to the Privacy Notice as set out Here.

2.6 Terms & Conditions of Sale: Purchases of any Product would be subject to the Terms & Conditions Of Sale.

2.7 Additional terms: In addition to these Terms of Use, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.

3. Use of Services

3.1 Application of this Clause: In addition to all other terms and conditions of these Terms of Use, the provisions in this Clause 3 are the additional specific terms and conditions governing your use of the Services.

3.2 Restrictions: Use of the Services is limited to authorized Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.

3.3 General terms of use: You agree:

(a) to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and

(b) to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.

3.4 Product description: While we endeavor to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error.

3.5 Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.

4. Customers with accounts

4.1 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You should notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.

5. Intellectual property

5.1 Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.

5.2 Restricted use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, 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 without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5.3 Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.

6. Our limitation of responsibility and liability

6.1 No representations or warranties: The Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant:

(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Materials;

(b) that the Platform, the Services or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;

(c) that the Platform, the Services or the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and

(d) the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

7. Hyperlinks, and alerts

7.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

7.2 Promotions: We may attach banners, java applets and/or such other materials to the Platform for the purposes of promoting our or our Third-Party Vendors’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such promotional materials.

8. Your submissions and information

8.1 Submissions by you: You grant us a non-exclusive license 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, but shall not be obligated to, publish, remove or edit your Submissions.

8.2 Consent to receive e-mails: You give your full, free, and unequivocal consent and authority to the collection, processing and use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to you,. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Philippines or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.

9. Termination

9.1 Termination by us: In our sole and absolute discretion, we may with immediate effect terminate your use of the Platform and/or Services and/or disable your Username and Password. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.

10. Voucher Terms & Conditions

The following terms and conditions apply to the use and redemption of promotional vouchers, voucher codes Vouchers distributed by dimarkethall and/or issued on thedimarkethall  platform (“Vouchers"). By collecting, using or redeeming a Voucher, you agree to be bound by these Vouchers Terms & Conditions. If you do not agree to these Vouchers Terms & Conditions, do not collect, use or redeem any Voucher.

12.1. You acknowledge that the collection, use and/or redemption of Voucher(s) are subject to resource availability, including, without limitation, availability of the Platform.

12.2. dimarkethall does not make any representation, warranty or guarantee:

(i) on the performance and capability of the Platform;

(ii) that the Vouchers are available for collection, use and/or redemption at any time;

(iii) about the accuracy, reliability, suitability, availability or timeliness of the Vouchers; or

(iv) on the success of any collection, use or redemption of the Voucher(s).

12.3. You acknowledge and accept that dimarkethall may suspend, terminate and/or discontinue the issuance or redemption of the Voucher(s) at its sole and absolute discretion without prior notice and without any liability whatsoever to you.

12.4. LazBonus Vouchers are collectible from the Platform during a campaign period which will be determined by Lazada from time to time.

12.5. Only one (1) LazBonus Voucher can be applied for a single order. However, you may apply other Vouchers to the same order.

12.6. Certain Vouchers cannot be used together in the same order. Please check the Voucher terms and conditions before placing the order.

12.7. Vouchers can only be claimed or collected upon log-in to your Lazada account. Vouchers are only valid for use or redemption on the Lazada website or mobile applications.

12.8. To use the Vouchers, they must be applied at the checkout page. Certain Vouchers may be automatically applied at the “My Cart” page and/or at checkout page. You may choose to remove the applied Voucher at the checkout page, or change to a different Voucher at the checkout page, where applicable. For bank vouchers / payment vouchers, the Voucher collected will be automatically applied at the checkout page when the eligible mode of payment is selected. Please check to ensure the Vouchers are applied and review your order carefully on the checkout page before placing the order.

12.9. Vouchers are limited in quantity and subject to availability.

12.10. Vouchers are limited to one (1) redemption per customer and applicable for single use only, unless otherwise stated.

12.11. Voucher validity is limited in time and such validity period shall be as stated in the Voucher terms and conditions. The validity period of Vouchers are final and Vouchers will not be re-issued or re-instated upon expiry.

12.12. dimarkethall reserves the right to cancel or modify any order, or restrict or revoke the use of Vouchers for any reason, including under the following circumstances:

(a) Suspicious or fraudulent purchasing activity or Voucher use;

(b) Voucher abuse or use of Voucher in breach of these terms and conditions, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers;

(c) Use of Voucher in bad faith or to facilitate any business or commercial purposes (including resold Vouchers or use of Vouchers for purchasing products for resale or export purposes); or

(d) Use of Voucher in a manner that is detrimental to dimarkethall’s customers, reputation, goodwill, business or operations.

12.13. Unless otherwise stated, Vouchers are not valid in conjunction with other promotions, discounts or offers.

12.14. Certain Vouchers may be subject to additional terms and conditions as determined by dimarkethall, (for example, duration, eligibility, criteria for use, discount amount and products covered). Such additional terms and conditions may be specified upon collection and/or issuance of the Voucher, or by such other means as may be determined by dimarkethall. Such additional terms and conditions will govern the collection, use and/or redemption of those Vouchers in addition to these terms.

12.15. Certain Vouchers are applicable only with a minimum purchase amount. Please check that your orde value meets the minimum spending requirement, where applicable.

12.16. Certain Vouchers are applicable to only certain categories of products, certain stores, or specific items or SKUs. Please check that the items in your Cart are eligible items for use of the Voucher.

12.17. Certain Vouchers may be collected only upon specific conditions or eligibility criteria being met. Please check that you meet the relevant conditions or eligibility criteria in order to claim or collect the Voucher.

12.18. For partial cancellation or item refunds, Vouchers will not be refunded. Vouchers will be returned to the customer’s account only when the entire order the Voucher was used on, has been cancelled, and provided that the validity period of the
Voucher has not expired.

12.19. Vouchers are not exchangeable for cash, kind or other goods and services.

12.20. dimarkethall will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate customers for:

(a) any unused or expired Vouchers;

(b) discontinued or cancelled Vouchers;

(c) improper use of, or inability to redeem, a Voucher; or

(d) the inability to redeem a Voucher due to technical issues.

12.21. dimarkethall reserves the right at its absolute discretion to change these Voucher Terms & Conditions at any time and without notice.