TERMS OF SERVICE
This website is operated by DAISY SKY MALAYSIA. Throughout the site, the terms “we”, “us” and “our” refer to DAISY SKY MALAYSIA. DAISY SKY MALAYSIA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
SECTION 1 – MODIFICATIONS TO THE PRICES
1.1 Prices for our products are subject to change without notice.
1.2 We reserve the right at any time to modify or discontinue the Product (or any part or content thereof) without notice at any time.
1.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product.
SECTION 2 – PRODUCTS
2.1 Certain Products may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
2.2 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
2.3 We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
2.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 3 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
3.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
3.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
3.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 4 – GENERAL CONDITIONS
4.1 We reserve the right to refuse service to anyone for any reason at any time.
4.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
4.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product/s, use of the Product/s or our Service, or access to the Product/s or any contact on the website through which the service is provided, without express written permission by us.
4.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 5 – ERRORS, INACCURACIES AND OMISSIONS
5.1 Occasionally there may be information on our site or on the Product that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Product or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
5.2 We undertake no obligation to update, amend or clarify information in the Product/s or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Product/s or on any related website, should be taken to indicate that all information in the Product/s or on any related website has been modified or updated.
SECTION 6 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
6.1 We do not guarantee, represent or warrant that your use of our online store will be uninterrupted, timely, secure or error-free.
6.2 We do not warrant that the results that may be obtained from the use of the Product/s will be accurate or equal with every other persons – please note that those with allergies or highly sensitive skin should consult a physician before using our Product/s.
6.3 You agree that from time to time we may remove the Product for indefinite periods of time or discontinue the Product at any time, without notice to you.
6.4 You expressly agree that your use of, or inability to use, the Product is at your sole risk. The Product/s delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
6.5 In no case shall DAISY SKY MALAYSIA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 7 – INDEMNIFICATION
7.1 You agree to indemnify, defend and hold harmless DAISY SKY MALAYSIA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 8 – CONTACT INFORMATION
We can be contacted at [email protected]
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.