Terms of Use

Your Agreement 

This website (“this Website”) is operated by Milestone International Sdn Bhd 202101040040 (1440340-D). Please read these terms of use (“this Terms of Use”) carefully before using this Website and the services offered by Milestone International Sdn Bhd, its specified affiliated companies (together, “Darizi”) or the third-party operators (the “Operator”) through this Website (the “Services”). “You” and “your” when used in this Terms of Use includes (1) any person who accesses the Website and (2) persons for whom you make a purchase on the Website. 

 

Change of Terms of Use 

  1. Darizi 's Modifications 
    1. Darizi reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice. You should visit this page periodically to review the current Terms of Use to which you are bound. If Darizi changes or modifies this Terms of Use, Darizi will post the changes to or modifications of this Terms of Use on this page and will indicate at the bottom of this page the date on which this Terms of Use was last revised. 
    2. Your continued use of this Website after any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by the revised Terms of Use, do not use or access or continue to use or access this Website and/or the Services. It is your responsibility to regularly check this Website to ascertain if there are any changes to this Terms of Use and to review such changes. 
    3. In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the page relating to such Services from time to time and the privacy policy adopted by Darizi from time to time (“the Privacy Policy”). All such terms are hereby expressly incorporated by reference in this Terms of Use. 

 

Access and Use of the Services 

  1. Ownership of Content 
    1. This Website, the domain name (www.Darizi.com.my), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Darizi in connection therewith are owned and operated by Darizi. 

Website and Content 

  1. Use of the Content 
    1. All materials displayed or performed on this Website including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This Website and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with this Terms of Use. 
    2. If Darizi agrees to grant you access to this Website and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this Website in accordance with this Terms and Use. Darizi may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Website. 
    3. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights. 

 

Intellectual Property Rights 

  1. Intellectual Property 
    1. All intellectual property rights subsisting in respect of this Website belong to Darizi or have been licensed to Darizi for use on this Website. This Website, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Website and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on this Website or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and non-commercial use is expressly prohibited without prior written permission from Darizi or from the copyright holder identified in such Contents copyright notice. 

 

User Submissions 

  1. Uploading of Information 
    1. In the course of accessing this Website or using the Services, you may provide information which may be used by Darizi and/or the Operators in connection with the Services and which may be visible to other users of this Website. You understand that by posting information or content on the Website or otherwise providing content, materials or information to Darizi and/or the Operators in connection with the Services (“User Submissions”): (a) You hereby grant to Darizi and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating this Website and Darizi’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels; (b) You agree and authorize Darizi to use your personal data in accordance with the Privacy Policy in effect from time to time; (c) You hereby grant each user of this Website a non-exclusive license to access your User Submissions through this Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of this Website and under this Terms of Use; (d) You acknowledge and agree that Darizi retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Darizi does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; (e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and (f) That all the User Submissions publicly posted or privately transmitted through this Website is the sole responsibility of you and that Darizi will not be liable for any errors or omissions in any content. 

 

Users Representations, Warranties and Undertakings 

  1. Use of this Website and the Services 
    1. You represent, warrant and undertake to Darizi that you will not provide any User Submissions or otherwise use this Website or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without Darizi’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of Darizi; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. 
  2. Removal of User Submissions 
    1. Darizi reserves the right to remove any User Submissions from this Website at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if Darizi is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all. 

 

Registration and Security 

  1. Opening of the Darizi Account 8.1.1 In the course of using the Services, you may be required to open and maintain an account with Darizi (“Darizi Account”). 
  2. Provision of Personal Information 
    1. As a condition to using some aspects of the Services, you may be required to register with Darizi and select a password and user name (“Darizi User ID”). If you are accessing the Services through a Third Party Website or service, Darizi may require that your Darizi User ID be the same as your user name for such Third Party Website or service. 
    2. You shall provide Darizi with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Darizi Account. 
    3. You represent that you shall not: (a) Select or use as a Darizi User ID a name of another person with the intent to impersonate that person; or (b) Use as a Darizi User ID a name subject to any rights of a person other than you without appropriate authorization. 
    4. Darizi reserves the right to refuse registration of or to cancel a Darizi Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password. 

 

Purchases Confirmation and Payment 

  1. Purchases Confirmation 
    1. Certain Services are stated to be subject to purchase confirmation. Other than these Services, any required time for confirmation as stated on the Website is solely for reference only. Actual time required for confirmation may vary. 
  2. Purchases 
    1.  Through this Website, you may purchase products from Darizi for the Services (“Products”) offered by the Operators in the various industry. Subject to the policy of the relevant Operator, you will receive an email confirmation of your purchase. 
    2. An Operator may deliver the product to you within 5 working days via respective delivery services by Operator. 
  3. Modifications to Charges 
    1. Darizi reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on this Website. Your use, or continued use, of the Services offered by Darizi following such notification constitutes your acceptance of any new or revised fees or charges. 
  4. Darizi’s Rights and Obligations 
    1. Darizi reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at Darizi’s sole discretion. 
    2. Darizi intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for Services that may be payable for using the Services are expressly excluded in determining the best price. 
    3. Whilst the Operators are required to provide Darizi with accurate and updated prices of the Services on this Website, Darizi cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times. 
  5. The above terms and conditions & return policies are appliable to all Darizi users worldwide. 

 

Privacy Policy 

  1. Privacy Policy 
    1. For Darizi’s policy relating to its use of of your personal data, please review Darizi’s current Privacy Policy, which is hereby incorporated by reference to this Terms of Use. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy. 

Indemnity 

  1. Darizi’s Indemnification 
    1. You will indemnify and hold Darizi, our holding companies, subsidiaries, affiliates, officers, directors and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party due to or arising out of your access to this Website, use of this Website, your violation of this Terms of Use, or the infringement of any intellectual property or other right of any person or entity by you or any third party using your Darizi User ID. 
  2. Darizi’s Involvement 
    1. Darizi may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of Darizi without Darizi’s prior written approval. Darizi reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.  

 

Disclaimers and Limitation of Liability 

  1. Parties’ Relationship 
    1. Darizi has no special relationship with or fiduciary duty to you for accessing and using this Website and the Content. You acknowledge that Darizi has no control over, and no duty to take any action regarding: (a) Which users gain access to this Website; (b) What content you access via this Website; (c) What effects the Content may have on you; (d) How you may interpret or use the Content; and (e) What actions you may take as a result of having been exposed to the Content. 
  2. Services and Comments 
    1. You acknowledge and agree that the Operators may offer the Services on this Website, and that suggestions or recommendations may be given by the Operators or Users of this Website. Darizi makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through this Website. 
  3. Exemption of Liability 
    1. In no event will Darizi, this Website, or any of Darizi’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (a) This Website; or (b) This Terms of Use; or (c) Any breach of this Terms of Use by you or a third party; or (d) Use of this Website, tools or Services we provide related to the business we operate on this Website by you or any third party; or (e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages. 
    2. These limitations and exclusions apply without regard to whether the damages arise from: (a) Breach of contract; or (b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence; or (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law. 
    3. This Website, including all content, software, functions, materials and information made available on or accessed through this Website, is provided on an "as is" basis. To the fullest extent permissible by applicable law, Darizi makes no representations or warranties of any kind, either express or implied, including but not limited to the content on this Website or the materials, information and functions made accessible through this Website, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this Website, or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free. 
    4. You acknowledge and agree that any transmission to and from this Website is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to Darizi and by posting information on this Website, including tours and/or activities, no confidential, fiduciary, contractually implied or other relationship is created between you and Darizi other than pursuant to this Terms of Use. 
    5. You acknowledge and agree that you will not hold or seek to hold Darizi responsible for the content provided by any Operator or third party and you further acknowledge and agree that Darizi is not a party to any transaction in relation to the Services provided by any Operator or third party. Darizi has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on this Website. 
  4. Remedies 
    1. If you are dissatisfied with this Website, do not agree with any part of this Terms of Use, or have any other dispute or claim with or against Darizi or another user of this Website with respect to this Terms of Use or this Website, your sole and exclusive remedy against Darizi is to discontinue use of this Website. 

 

Interaction with Third Parties 

  1. Links to Third Party Websites 
    1. This Website may contain links to third party websites or services (“Third-Party Websites”) that are not owned or controlled by Darizi, or the Services may be accessible by logging in through a Third-Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by Darizi of such Third-Party Websites or the information, products, advertising or other materials available on those Third-Party Websites. 
    2. When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third-Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Terms of Use. 
    3. Darizi has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Websites. In addition, Darizi will not and cannot monitor, verify, censor, or edit the content of any Third-Party Website. By using the Services, you expressly relieve and hold Darizi harmless from all liability arising from your use of any Third-Party Website. 
    4. Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, 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. 
    5. You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 
  2. Darizi’s Responsibility 
    1. You agree that Darizi shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Darizi is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Darizi, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. 

 

Payment 

  1. In order to ensure adequate operational support for customers in respect of refunds and cancelations (where applicable), the following Darizi entities shall be responsible for transactions conducted in the following currencies: 
  2. in respect of transactions in MYR, Milestone International Sdn Bhd 

 

Termination 

  1. Termination by Darizi 
    1. This Terms of Use shall remain in full force and effect while you use this Websites or the Services. Darizi may terminate or suspend your access to the Services or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. Darizi may also terminate or suspend any and all Services and access to this Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use. 
  2. Effects of Termination 
    1. Upon termination of your Darizi Account, your right to use the Services, access this Website, and any Content will immediately cease. All provisions of this Terms of Use which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability. 
    2. If this Terms of Use is terminated as a result of your breach, Darizi reserves the right to cancel any outstanding Vouchers you may have purchased prior to said termination, without refund or liability to you. 

 

Governing Law 

This Terms of Use shall be governed by the laws of Malaysia. 

 

Miscellaneous 

  1. Severability 
    1. If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable. 
  2. Assignment 
    1. This Terms of Use is not assignable, transferable, or sub-licensable by you except with Darizi’s prior written consent. Darizi may transfer, assign or delegate this Terms of Use and its rights and obligations without prior notice to you. 
  3. The Terms of Use have been drafted, and shall be construed, in the English language. Any translation of the Terms of Use is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Use shall always prevail. 

 

Contact 

Please contact Darizi at [email protected] to report any violations of this Terms of Use or to pose any questions regarding this Terms of Use or the Service. 

 

Last updated on: 8th January 2022.