1. We are Prof Gene Sdn.Bhd, a company incorporated in Malaysia under the registration number 1242924-D and our business address is No. 2, Jalan Kristal Dua 7/67B Seksyen 7, 40000 Shah Alam, Selangor Darul Ehsan, Malaysia. Tel No: 016-2603062
Definition of terms
"Company" refers to Prof Gene Sdn.Bhd, otherwise known as Domiha.com.
"Account" means the account that the Customer and Merchant register when they logged on to Domiha.com.
"Coupons" can be used to purchase grocery items and items at Brand Street. It cannot be used for promotional items. Domiha.com's coupons come with its own terms and conditions.
"Contract i.e. Order of a Product and/or Products" refers to the Customer's agreement to the Terms & Conditions set forth herein pertaining to the sale and purchase of a Product.
"Customer" refers to the person that opens an Account with the Company and proceeds to purchase any items/goods herein known as Products.
"Merchant" is a term assigned to person(s) that Domiha.com provide a platform with which to sell their items/goods, henceforth known as Brand Street. Domiha.com reserves the right to share the Customer's information with the Merchant where delivery of a Product is concerned.
"Order" is the information keyed in by the Customer into the Company's Online Order Form as part of their registration that ultimately leads to the checkout of the Product.
"Product" refers to the items and/or goods that the Merchant have posted on Domiha.com's website for the purpose of sale. Product also refers to grocery items that Domiha.com sell.
Only Customers aged 18 and above are allowed to make purchases on the Company's website. Those aged 17 and below will require parents' permission before making a purchase.
These Terms & Conditions shall apply to all Orders & Contracts for the sale and purchase of Products. By entering this Agreement, the Company, Merchant and Customer have explicitly acknowledged the Terms and Conditions set forth herein. This by no means includes representation, undertaking and promise that are implied between Company, Merchant and Customer unless specifically stated in the Terms & Conditions. Portions of these Terms & Conditions may be removed, added, modified or changed at any time at the Company's discretion without prior notice. The Customer and/or Merchant's continued use of Domiha.com's website after removals, additions, modifications and/or changes have been made to the website means that they have accepted such changes without any discrimination whatsoever on Domiha.com's part. The Customer also waives their right to assert any claim as to the representation or information contained herein in relation to the appearance, dimensions, performance and any other aspects of the items i.e. Products displayed on Domiha.com.
3.Terms of sale/payment
3.1 Customers and Merchants will need to create an Account with Domiha.com in order to procure goods and to sell goods respectively. The management of the Account will be at the Company's behest, meaning that if any false information is entered by the Customer and Merchant, the Company has the right, without prior notice, to terminate the Account. Customers and Merchants must ensure that the information they enter is accurate at all times, and if there are changes to be made, the Customer and Merchant must update such information. The safekeeping of passwords and other account identifiers rests solely on the Customer and Merchant and as such, the Company may not be held liable for any unauthorised use of Customers' and Merchants' passwords. However, if such a case arises, the Customer and Merchant must notify Domiha.com so that prompt action e.g. suspension of Account, among others, will be taken.
3.2 Sale of grocery items
Customers must first log on to their Accounts to place an Order. Payment for grocery items shall be made online. A Sale will only take place once the Product is delivered to the Customer and the amount/price of the Product is deducted during the online transaction. Grocery items are delivered within the Klang Valley only.
3.3 Sale of Merchants' items
Customers must first log on to their Accounts to place an Order. Customers must key in the necessary information on the Order Form. The payment method for products purchased from Merchants is online payment. Once an Order has been made, an Order confirmation will be sent by the Merchant to the Customer via email, Customers' accounts and Domiha.com's app. Orders will be managed by Merchants, which include shipping arrangements. Merchants will have their own guidelines for free shipping. Shipping fee for items purchased from Merchants is dependent on weight. Domiha.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed.
3.4 Customers purchasing Products from Merchants
Customer purchasing from Brand Street must make their payments online. If the Customer has paid for their Order, but the Product has yet to be delivered to them, the Customer has the option to cancel the Order. Customers will be refunded in the manner which they paid for in the first place. Refunding will take a minimum of 14 working days and a maximum of 30 working days. Shipping for items sold by Domiha and by Merchants on Brand Street will cover West Malaysia only.
3.5 Due to circumstances that could not be prevented, the details, descriptions and prices of one or more Products may be erroneously printed on our website. The customer may have the right to either reconfirm their Order with the correct detail and/or description and at the correct price, or they may choose to cancel their Order. Customers must promptly contact Domiha.com at 603-2106 9996 to reconfirm their Order or to make the cancellation. The right to reject or cancel any Order is solely at the discretion of Domiha.com.
3.6 In the case of a mispriced Product, Domiha.com will refund the amount paid by the customer for the said item. Customers must contact the Company in order to receive further instructions. Customers have the option of cancelling the order. Please refer to Domiha.com's Returns, Replacement & Refund Policy for further information on making a cancellation. However, the right to reject or terminate any Order for any reason at any given time rests solely on Domiha.com.
3.7 Payment method is online payment. Customers can use their store credit, or "point", to partly pay for their purchase. The use of point must be included when the Order is tallied up at the check-out. The methods of payments and the terms attached to them are as follows:
3.7.1 Credit Card
The Customer can choose to pay by Visa or MasterCard credit card. This applies to grocery items sold by Domiha.com and Products sold at Domiha Brand Street. Acceptable credit cards are all MasterCard and Visa credit cards which are 3D Secure-(verified by MasterCard and Visa Secure)enabled. Industry-leading encryption standards govern the protection of customer credit card information contained in Customers' cards. If the Customer holds a MasterCard and/or Visa issued outside of Malaysia, an additional surcharge is applicable due to foreign exchange.
3.7.2 Debit Card
The Customer can also choose a Visa or MasterCard debit card as a method of payment. However, this is dependent on bank availability. Industry-leading encryption standards govern the protection of data contained in Customers' cards. This form of payment also applies to grocery items sold by Domiha.com and Products sold at Brand Street.
3.7.3 Online bank transfers
This form of payment only applies to Products sold at Brand Street. Online banking method is acceptable for the following banks: Maybank2u Online, CIMB Clicks Online, Alliance Online, AmBank Online, Hong Leong Bank Online, RHB Online, Mobile Money, Web Cash, Financial Process Exchange (a multi-bank internet-based online payment hub, jointly developed by Financial Institutions and owned by MEPS. Participating banks are Bank Islam Malaysia Berhad, Public Bank Berhad, CIMB Bank Berhad, Hong Leong Bank, Maybank Berhad and RHB Bank Berhad).
3.7.4 Payment using "point"
"point" is a form of store credit and they can be used to deduct payments for grocery items and for Products purchased at Brand Street. Members will also get point when they make a purchase. RM 1 = 100 point. Members will get point when they refer a new member to join and make purchases on the platform. As a referrer, the person asking the friend to join will also get point. In relation to items on promotion, there is no limit on the usage of point. They can use ALL of their point to offset the price of the promotional item. point can be used for all promotions on Domiha.com. Note: point cannot be used to deduct shipping fee. From 1st January 2017, point will expire on 31st December of every year.
3.7.5 For the time being, Domiha.com does not offer payment by installments.
3.7.6 To summarise for grocery items and products sold at Domiha Brand Street: There is only one method of payment, which is online payment.
3.8 Orders that have been made by mistake
If the customer has inadvertently clicked on a Product not of their choosing after making an online submission to Domiha.com, please promptly contact the Company's customer service helpline at 603-2106 9996. We will try our best to resolve any issues. However, we will not liable for customer error out of their own doing. This applies to Customers refusing to accept the Product after it has been delivered to them, among others. If such a case arises, the amount paid for the Product shall be forfeited, unless the Customer promptly requests for a replacement of the Product. If the Customer clicked on a Product but changes their mind before clicking on 'Buy Now', they can cancel their Order by going to My Cart under their account and click on 'Remove'.
3.9 Payment to customers who ask for a refund
For customers who have made a payment for their orders, but faced issues e.g. late delivery and want a refund, they will be refunded in the manner which they paid for in the first place. The time required for Domiha.com to make the refund will be a minimum of 14 working days and a maximum of 30 working days. Customers who want a refund but do not want the amount to be credited via their original method of payment have the option of having the amount paid credited to their Domiha.com accounts.
4. Membership level
If you register to become a member at Domiha.com, you will be categorized according to your spending level. The higher your membership level, the better the services that Domiha.com provides. For example, if you're a Titanium member, you will receive the highest priority in terms of customer service, benefits, promotions, etc.
Member Level Spending Level
Silver RM500 & above
Gold RM3,000 & above
Platinum RM10,000 & above
Titanium RM30,000 & above
5. Data security and authorization check
The company guarantees that Customers' card data will be safely encrypted to deter any third party access. There will be a pre-authorisation check on Customers' card so that the Company can verify whether the Customer has adequate funds and therefore allow the transaction to be completed. Once the Order has been confirmed on the Company's part, the amount will be deducted from the Customer's credit card.
6.1 The Customer will receive the shipment of the Product at the address and time that they have keyed in at the Order checkout. Domiha.com will not be held accountable for any late shipment and/or costs, charges, damages, expenses, liabilities and losses that incur due to late shipment.
6.2 Customers may check the product for damage and faults, and if any is found, the Customer can contact Domiha.com at 603-2106 9996 and seek resolution.
6.3 Domiha.com will ship Products to addresses that are accessible according to their postcodes. Customers will know whether a Product can be sent to a certain address by keying in the postcode on the Order Form. For grocery items, they will only be shipped within the Klang Valley. For Brand Street items sold by Domiha and sold by Merchants, they will be shipped across West Malaysia.
6.4 Customer must be at the address and time that they have keyed in on the Order Form to receive the shipment of the Product. When the product is in the process of shipment, Domiha.com will inform the Customer by email, or send notification to the Customer's app. In the event that the Customer is not at the address and time as stated on the Order Form, Domiha.com will call to set a new time. Please ensure to provide the address that the Customer will always be at in order to receive shipment.
6.5 The Customer must bear the risk upon shipment of the Product. If a Customer is found to be in breach of a Contract where they refuse to accept the Product upon shipment, Domiha.com has the right to charge a fee as well as other associated costs. Domiha.com also reserves the right to refuse a Customer's order if it is found that the Customer has previously breached a Contract for the receipt of the Product at the point of shipment.
6.6 In connection with Clause 6.5, customers will be blacklisted if they placed an Order and refused to accept the Product three times within one month. This also applies to customers who cancel their orders (after checking out the item on the Order Form) three times in one month.
6.7 Shipping charges for items sold by Domiha.
Items purchased below RM 150: Shipping fee starts at RM 10.50 for parcel weight below 2kg
Items purchased above RM 150: Free shipping (West Malaysia only)
6.8 Shipping charges for items sold at Domiha Brand Street: Merchants will set their own shipping fees.
Shipment of grocery items: Klang Valley. Shipment of Brand Street items: West Malaysia only.
7. Returns & Replacement Policy
7.1 The Customer can opt to return the product within 14 days but must provide the reason for doing so. However, the Product must be in its original packaging, is not defective and by that account, must have not been used by the Customer. If any of these conditions are not met, Domiha.com reserves the right to refuse the Product and either send it back to the Customer or the Customer shall forfeit the amount they have paid to the Company. Domiha.com reserves the right to forfeit the amount paid for the Product if the reason provided is unacceptable.
7.2 If the Product received is defective, or for some unforeseen circumstance, a technical error has occurred at the time of ordering, the Customer has the option of asking for a replacement or a return. The Customer will have to click on My Returns on the left-hand-side panel of their Account and follow the instructions.
7.3 Price Protection
Domiha.com aims to provide price protection to the Customer as part of its mission to provide an efficient and enjoyable shopping experience at the online shopping mart. Price protection means that the Customer will be refunded the price difference within 14 days if the Customer finds the price of the item to be lower at a different time. For example.
8. Cancellation Policy
In the event that a Customer decide to cancel an Order after a submission has been made on Domiha.com's website, the Customer must promptly call the Company at 603-2106 9996 so that cancellation of the Order can be made. Domiha.com will refund the amount paid for the Order via the original method of payment.
9. Product description
The Products displayed on Domiha.com are in an 'as is' condition. Domiha.com will not be held liable if the product's physical appearance does not wholly match with its image on the website.
10. Domiha.com's Rewards Program
Domiha.com not only aims to have return customers, but to ensure that those customers become members and have a better shopping experience at Domiha.com. Thus, the Rewards Program is conceived. It includes:
(i) CashBack with point Policy
(iii) 'Spin & Win'
(Click on Cashback with point and point' links to find out more)
'Spin & Win' gives daily rewards to members in the form of point. Members can click the Wheel on the bottom right corner of the website a MAXIMUM of three times per day to accumulate point, which will be credited into their account. Domiha.com's Rewards Program's main objective is to reward members so that they can use their point/store credit to shop more at Domiha.com.
11. Disclaimer statement
11.1 Any materials or content on Domiha.com's website may be removed and/or edited without prior notice, with no liability on the Company's part. The right to remove any Products solely belongs to Domiha.com. There will be exceptional cases where the processing of an Order may be denied on the Company's part despite the Customer having received the Order Confirmation. When such a case arises, it will be at the sole discretion of Domiha.com and thus, the Company bears no responsibility on such a case. The right to reject or terminate any Order for any reason at any given time rests solely on Domiha.com.
11.2 Domiha.com is not liable to provide any accuracies in terms of the content displayed on its website, and therefore will not make a guarantee against the items displayed on the website. This explicitly absolves Domiha.com from providing any warranty as to the conditions of the content displayed on the website. However, to the best of its ability, Domiha.com strives to provide as much accuracy as possible in terms of the contents displayed on its website.
11.3 Domiha.com shall not be liable for any damages whatsoever, including but not limited to any consequential, special, direct or indirect, punitive or incidental damages where the Product is concerned. The Company will also not be held culpable for failure to provide its services without prior notice to the Customer. The Customer must also accept that they will not be indemnified in terms of the service provided by Domiha.com should they seek compensation for damage of loss sustained, expenses incurred etc.
11.4 The Company does not guarantee that the service from this site will be uninterrupted, timely or error free, but will strive to provide service to the best of its ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
12. Exclusions and Limitations
The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
(i) excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company writing on this website; and
(ii) excludes all liability for damages arising out of or in connection with Customers' use of this website. This includes but is not limited to, direct loss, loss of business or profits, damage caused to Customers' computer, computer software, systems and programmes and the data thereon or any other direct or indirect, consequential and incidental damages.
(iii) However, this Company does not exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by Malaysian law. None of Customers' statutory rights as a consumer are affected.
13. Management of complaints
Domiha.com to the best of its ability aims to provide prompt resolution to any queries and/or complaints made by the Customer. However, such resolution is bound by the terms and conditions included here and therefore, the Company shall not be held liable to meet Customers' expectations when it comes to resolving issues pertaining to the Order made.
14. Force Majeure
14.1 Domiha.com shall not be liable to Merchant and Customer for any failure to perform any obligation under any Contract which is due to an event beyond the control of the Company that includes, without limitation, to any Act of God, earthquakes, floods, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, acts of industrial action such as strikes and lock-outs, or any other natural or man made eventuality outside of the Company's control, which causes the termination of an agreement or Contract entered into. Events that are beyond the Company's control also includes the impossibility that the courier may face in terms of using public and private transportation that includes but is not limited to motor transport, railways, aircraft and/or shipping, as well as the use of public or private telecommunications networks. Other events that are considered beyond the Company's control include the restrictions, regulations, legislation, decrees or acts of any government, postal, shipping or other relevant transport strike. Accidents and/or motor collisions are also considered events that are beyond the Company's control.
14.2 In the event that such unforeseen circumstances arise, both parties are in agreement that one party shall forthwith inform the other and shall use all reasonable endeavours to comply with the terms and conditions of any Contract contained herein.
Domiha.com and the Customer and Merchant shall not be guaranteed a waiver pertaining to the provision of this Contract or any agreement if for some unforeseen reason, either party fails to maintain a strict performance of such provision. This also applies to both parties' failure to exercise any right or remedy in relation to the provision of this Contract or any agreement. Henceforth, both parties are obliged to adhere to the provisions of this Contract or any agreement. The exception to this condition is when both parties expressly state and sign for a waiver of the provision of this Contract or any agreement.
16. Links to Domiha.com's website
Any party who wishes to create a link to Domiha.com's website must first get a written consent from the Company, failing which such party is barred from creating to link to Domiha.com's website. If you do create a link to a page of Domiha.com's website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. The link established by any party to Domiha.com's website or any of its pages must by no means indicate any form of endorsement, approval or association on Domiha.com's part.
17. Links from Domiha.com's website
Domiha.com's shall not be held responsible for the privacy practices, or content, of sites that are linked to from Domiha.com's website or any of its pages. Users must exercise caution when browsing any other sites that are linked to Domiha.com's and therefore weigh the security and credibility of such sites before disclosing any personal information to those sites. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Customers' disclosure of personal information to third parties.
18. Legal Matters
These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysian Law. Both the Company, and Customers and Merchants must hereby submit to the non-exclusive jurisdiction of the Malaysian Courts. All dealings, correspondence and contacts between the Company and the Customer and Merchant shall be made or conducted in English, Malay and Chinese.
19.1 We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
19.2 Customer records are regarded as confidential and therefore will not be disclosed to any third party, other than our merchants, and if legally required to do so to the appropriate authorities. Where appropriate, we shall issue the Customer with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
19.3 We will not sell, share, or rent the Customer's personal information to any third party or use their e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
20. Intellectual property rights
The Property of Domiha pertaining to its website is as follows: Information content and the design of the website that includes, without limitation, to text; software; video; photos; sound, and their selection and arrangement; music, underlying source code and all software compilations, and as such the unauthorised use of the materials as listed above is considered as infringing Domiha's intellectual property rights. Redistribution or republication of any part of this site or its content is prohibited.