ABOUT US:
The www.daisydiary.co website is owned and operated by DaisyDiary Skin Work (Company Registration No. 003027830-T) a company incorporated under the laws of Malaysia and having its Registered address at A-27-18, Menara A, Liberty Arc @ Ampang Ukay, Persiaran Ampang Ukay, 68000 Ampang, Selangor. DaisyDiary Skin Work utilizes the website as an e-commerce sales channel platform for the promotion and sale of DaisyDiary Skin Work products in Malaysia.
YOUR AGREEMENT:
Your use of this website is subject to the following terms and conditions of use (this “Agreement”) and all applicable laws in force from time to time in Malaysia. By accessing and browsing this website, you agree to be bound by the Agreement. If you do not agree with any of the terms of the Agreement, please do not use this website and please exit and leave this website immediately. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.
1. Privacy
Our privacy and personal data practices are explained in our Privacy Policy, which also governs your visit to this website. Your continued use of this website implies that you acknowledge and agree that you have read our Privacy Policy and agree to be bound by and accept its terms and conditions. Your consent to the use of your Personal Data (as defined in the Privacy Policy) by DaisyDiary Skin Work in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.
2. Other policies and agreements
When you purchase DaisyDiary Skin Work products using the www.daisydiary.co website, your purchase is subject to a separate Terms and Conditions of Sale applicable to the website. Certain additional terms and conditions may apply to purchases of products and other uses of portions of the www.daisydiary.co website.
3. Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This website is directed for use by adults only. Those under the age of 18 should not use this website. DaisyDiary Skin Work does not knowingly collect information from minors under the age of 18. DaisyDiary Skin Work and its affiliates reserve the right to refuse service, terminate accounts or cancel orders at their sole discretion.
4. Product information
The products available for sale and/or distribution by DaisyDiary Skin Work are available only in Malaysia and this website is directed only at customers and prospective customers domiciled in Malaysia. DaisyDiary Skin Work and its affiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by DaisyDiary Skin Work. However, DaisyDiary Skin Work does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or up-to-date or error-free. Price and availability information provided on this website are subject to change without notice. All prices quoted are in Malaysian Ringgit. This website and its contents are not to be construed as an offer to sell any product or service.
5. Exclusion of warranties
DaisyDiary Skin Work makes no representation or warranty regarding the functionality, good working order or condition of this website, the accuracy of information on this website, its suitability for use, or that its use will be uninterrupted or error-free.
6. Limitation of liability
DaisyDiary Skin Work, will not be liable for any damages, either direct or indirect, incidental, special or consequential, for use of or inability to use material, products or services of any kind, delay of or partial delivery, termination of rights or loss of profits, data, business or goodwill, whether on a contractual, tort or extra-contractual basis, or to provide indemnification or any other remedy to you or any third party. Your sole and exclusive remedy is to discontinue using and accessing this website.
7. Copyrights and trademarks
All content included on this website is the property of DaisyDiary Skin Work and protected by copyright act applicable in Malaysia. The trademarks, logos and service marks (brands) displayed on the website are the property of DaisyDiary Skin Work and may not be used for commercial purposes by any party that is not related in any kind of collaboration and without our permission. Consequently, the material on this website may not be copied, re-produced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of DaisyDiary Skin Work. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of DaisyDiary Skin Work or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks.
8. Confidentiality of the information transmitted
You acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law or pursuant to DaisyDiary Skin Work’s Privacy Policy, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss.
9. Electronic communications
When you visit this website or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. When you provide your email address to DaisyDiary Skin Work through the website in order to subscribe for news, you are agreed to receive up to Fifteen (15) e-mails per month from DaisyDiary Skin Work. The e-mail messages may include updates, alerts and exclusive offers. You can unsubscribe by e-mailing us at support@daisydiary.co for help. Or, you could also log into ‘My Account’ to stop the email subscription on offers, promotions or special events but you will still be receiving communication from time to time regarding your membership status.
10. SMS mobile terms & conditions
When you provide your mobile number to DaisyDiary Skin Work through in order to receive News, you agree to receive up to Eight (8) messages per month from DaisyDiary Skin Work on your mobile phone and you also confirm and warrant to DaisyDiary Skin Work that you have not registered the said mobile number with the DNC Registry in Malaysia and may thus receive text messages from DaisyDiary Skin Work. The text messages may include updates, alerts and exclusive offers. You can cancel this service or reply or e-mail us at support@daisydiary.co for help. You could also log into ‘My Account’ to stop the subscription from messages on offers, promotions or special events but you will still be receiving communication from time to time regarding your membership status.
11. Links
Links and references to other websites are provided to you as a convenience only. DaisyDiary Skin Work has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by DaisyDiary Skin Work. To obtain permission, contact our Website administrator at support@daisydiary.co.
12. Viruses, etc
DaisyDiary Skin Work does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
13. Damages to others
You agree not to introduce into or through this website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
14. Reservation of rights
All rights not expressly granted in these terms are reserved to DaisyDiary Skin Work. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of DaisyDiary Skin Work or any other person or entity.
15. Governing law and Dispute Resolution
This Agreement as well as the Privacy Policy (collectively the “Agreements”) are controlled and operated by DaisyDiary Skin Work and are governed and interpreted in accordance with the laws of Malaysia. All disputes, controversies, or differences arising out of or in connection with the Agreements shall first be attempted to be mediated and resolved internally between the parties. The parties hereto agree to participate in the internal mediation in good faith. The disputes, controversies or differences shall be referred within seven (7) days to the Malaysia Mediation Centre in the event the internal mediation does not work. The parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
16. Changes to terms/severability
DaisyDiary Skin Work may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes.
17. Cookies
We may use “cookies” to track your preferences and activities on the DaisyDiary Skin Work website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information, including, the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You can also opt-out when prompted with an option on the browser. You should note, however, that without cookies, some of the website’s functions will not be available, and the user will lose some of the benefits of the site.
18. No waiver
The failure of DaisyDiary Skin Work to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of DaisyDiary Skin Work to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
19. Entire agreement
The Agreements constitute the entire agreement between you and DaisyDiary Skin Work with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in wrong, or by DaisyDiary Skin Work making such amendments or modifications available to it pursuant to the terms hereof.
20. Termination
DaisyDiary Skin Work reserves the unfettered right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.
21. Headings
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.
Terms and conditions of sale
These Terms & Conditions of Sale (“Sale T&Cs”) sets forth the terms and conditions that apply to the purchase of products and/or services (the “Products”) from DaisyDiary Skin Work using the www.daisydiary.co website. DaisyDiary Skin Work reserves the right to amend the Sale T&Cs without prior written notice to you and at its sole discretion. The terms “you” and “your” refer to the purchaser of Products using the www.daisydiary.co website.
Please read this Sale T&Cs carefully! By using this website to make online purchases of products, you agree to be bound by and accept the terms and conditions set forth in the Sale T&Cs, and you warrant that you are of legal age to enter into this agreement and be bound by its terms. This Sale T&Cs contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
1. Consent to use to electronic documents
You hereby consent to the exchange of information and documents between you and DaisyDiary Skin Work over the Internet or by e-mail, and that this Sale T&Cs (together with any applicable Order Confirmation(s) accepted by DaisyDiary Skin Work as indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between us.
2. Other documents, agreements and policies
Your use of this website is governed by the Sales T&Cs and by our Privacy Policy and Website Term & Conditions (collectively the “Agreements”). You acknowledge that you have read the Agreements and agree to be bound by and accept the terms and conditions set forth therein. Notwithstanding the foregoing, the provisions of this Sale T&Cs shall supersede and take precedence over the provisions of the Agreements. In the event of any inconsistency between the provisions of this Sale T&Cs and those of the Agreements, the provisions of this Sale T&Cs shall apply. Certain additional terms and conditions may apply to purchases of products and other uses of portions of this website.
3. Order
Before submitting an order for the purchase of products using this website, you will be shown an order confirmation screen (the “Order Confirmation”) describing, among other things, the product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order (by pressing the [“Submit Order”] button), such order will constitute an offer from you to DaisyDiary Skin Work to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on DaisyDiary Skin Work until accepted by DaisyDiary Skin Work. DaisyDiary Skin Work’s acceptance of your order is evidenced by a return e-mail from DaisyDiary Skin Work indicating that your order has been accepted. The Buyer warrants and agrees that it is ordering Products for his/her own use only and not for resale, distribution or export. The Buyer shall indemnify DaisyDiary Skin Work and hold DaisyDiary Skin Work harmless against all losses, damages, liabilities, expenses and costs arising from any breach of this clause.
4. Cancellation
DaisyDiary Skin Work reserves the right, in its sole discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, DaisyDiary Skin Work will issue a full refund.
5. Price
All prices quoted are payable in Malaysian Ringgit. Although DaisyDiary Skin Work strives to provide accurate product and pricing information, errors may occur. DaisyDiary Skin Work reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. DaisyDiary Skin Work cannot confirm the price of a product until after you submit an order for the product. Without limiting the generality of Section 4 above, in the event that the price or related information for a product (as described on the www.daisydiary.co website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, DaisyDiary Skin Work may, at its sole discretion, refuse or cancel your order, whether before or after DaisyDiary Skin Work’s acceptance thereof. If there is such an error in pricing, DaisyDiary Skin Work will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the product at the correct price.
6. Payment terms
Terms of payment shall be determined at DaisyDiary Skin Work’s sole discretion. Payment shall be made by credit or debit card unless some other pre-arranged method of payment has been accepted by DaisyDiary Skin Work. Any payments made by credit or debit card are subject to the approval of the financial institution that has issued the credit or debit card.
7. Product availability
The availability of certain products may be limited, and products may not be available for immediate delivery. DaisyDiary Skin Work may revise or cease to make available any products at any time without prior notice. In the event that DaisyDiary Skin Work is unable to deliver you a product ordered due to lack of availability, DaisyDiary Skin Work will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable product, provided that DaisyDiary Skin Work may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery me if and when the Product becomes available.
The products available for sale and/or distribution by DaisyDiary Skin Work are available only in Malaysia.
8. Shipping; taxes
DaisyDiary Skin Work will arrange for the shipping of the product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. DaisyDiary Skin Work engages a third party to be responsible for the delivery. The third party delivery company will only arrange for the shipping of products to addresses located in Malaysia except the restricted zones that are excluded from their service coverage. Delivery times provided by DaisyDiary Skin Work are estimates only. DaisyDiary Skin Work shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all prices quoted do not include shipping and handling charges and, where applicable, federal and state sales taxes. The applicable taxes and shipping charges will be shown separately on the Order Confirmation. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and dues associated with the order.
Tax charges are calculated on the basis of the shipping and/or delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. You will not, however, receive a refund for the sales taxes you paid on the shipping and handling of the item, as the shipping and handling charges are non-refundable once an item has been shipped.
9. Ownership; risk of loss
All product(s) purchased from DaisyDiary Skin Work are delivered to you by a third party delivery company, pursuant to a shipping contract. Since the actual delivery of your order can be impacted by many events beyond DaisyDiary Skin Work’s control once it leaves our facilities, DaisyDiary Skin Work cannot be held liable for late deliveries. DaisyDiary Skin Work will, however, endeavour to work with you to ensure a smooth delivery.
10. Returns
All Product returns are subject to the DaisyDiary Skin Work ‘Return Policy’, the terms of which are incorporated herein by reference. Some restrictions may apply.
11. Exclusion of warranties and limitation of liability
Except as expressly provided for in this agreement, DaisyDiary Skin Work does not make or give any representation, warranty or condition of any kind, whether express or implied, statutory or otherwise, including without limitation warranties as to uninterrupted or error free transactions, privacy, security, merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purposes, or those arising out of a course of dealing or usage of trade.
In no event will DaisyDiary Skin Work be liable for any indirect, incidental or consequential damages, howsoever caused, including but not limited to, any lost profits, lost savings, loss of use or lack of availability of facilities including computer resources, routers and stored data, punitive, exemplary, aggravated or economic damages, arising out of the products provided by DaisyDiary Skin Work or otherwise related to this agreement or the transactions conducted on or from the www.daisydiary.co website, even if DaisyDiary Skin Work or any of their lawful agents, contractors and employees have been advised of the possibility of such damages or claim.
In no case will DaisyDiary Skin Work’s total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence or otherwise) be for more than the amount paid by you for the specific products ordered under this agreement and to which the claim relates. In no event will DaisyDiary Skin Work be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of: transmission errors or problems, telecommunications service providers, DaisyDiary Skin Work’s contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents or subcontractors, or other events beyond the reasonable control of DaisyDiary Skin Work.
For the purposes of this Section, “DaisyDiary Skin Work” shall include DaisyDiary Skin Work’s affiliates and its affiliates’ respective directors, officers, employees, agents and contractors. This Section shall survive the termination or expiry of this Sales T&Cs.
12. Governing law and jurisdiction
These Sale T&Cs are controlled and operated by DaisyDiary Skin Work and any transaction conducted on or from it shall be and are governed and interpreted in accordance with the laws of Malaysia. All disputes, controversies, or differences arising out of or in connection with the Sale T&Cs shall first be attempted to be mediated and resolved internally between the parties. The parties hereto agree to participate in the internal mediation in good faith. The disputes, controversies or differences shall be referred within seven (7) days to the Malaysia Mediation Centre in the event the internal mediation does not work. The parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.