Terms & Conditions
Welcome to Hobi Sports,
<![if !supportLists]>1. <![endif]>Acceptance of the Terms & Conditions
By accessing or using or registering or shopping on our Website in any way or clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
<![if !supportLists]>o <![endif]>You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
<![if !supportLists]>o <![endif]>You are of sound mind and at least of such minimum legal age as per the jurisdiction of the State/country in which you reside, to form a binding contract with us. In case you are not of the age of majority as per the laws of the State/Country that you reside in, then you must have the permission of your lawful guardian to use and access or make purchases on the Website.
<![if !supportLists]>o <![endif]>We must not have previously disabled your account for violation of law or any of our policies.
<![if !supportLists]>2. <![endif]>Accounts, Passwords and Security
<![if !supportLists]>o <![endif]>Account: To access various parts of the Website, to purchase our products, and to avail various services, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
<![if !supportLists]>o <![endif]>Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
<![if !supportLists]>o <![endif]>Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services.
<![if !supportLists]>3. <![endif]>Use of the Site
<![if !supportLists]>o <![endif]>Allowed uses:
<![if !supportLists]>§ <![endif]>Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site.
<![if !supportLists]>§ <![endif]>Information: Whenever prompted, you must provide us with the correct, accurate and updated information, including but not limited to your name, billing details, shipping details, email, contact number etc.
<![if !supportLists]>§ <![endif]>Material: For the purposes of these Terms, “material” shall mean any product, text, video, graphics, sound material, published on the Website, whether a copyright of Hobi Sports, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website. You must not reproduce any part of the Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
<![if !supportLists]> ii. <![endif]>Restricted uses:
<![if !supportLists]>§ <![endif]>You cannot use or access our website solely with a purpose of building a competing website/business. You are strictly prohibited from copying or using any content (including our products, description of products, trademarks etc.) without our prior written consent.
<![if !supportLists]>§ <![endif]>You can’t impersonate others, create duplicate accounts, or provide inaccurate information.
<![if !supportLists]>§ <![endif]>You cannot use our Site or purchase our products for the purpose of resale;
<![if !supportLists]>§ <![endif]>You must not misuse or interfere with the Services or Website or try to access them using a method other than the interface and the instructions that we provide. You may use our services only as permitted by law and as per the directions provided by us. Unless otherwise expressly stated, you may not access or reuse the services, or any portion thereof, for any commercial purpose.
<![if !supportLists]>§ <![endif]>You must not:
<![if !supportLists]>§ <![endif]>republish material from this Website;
<![if !supportLists]>§ <![endif]>sell, rent or sub-license material from the Website;
<![if !supportLists]>§ <![endif]>show any material from the Website in public without our consent;
<![if !supportLists]>§ <![endif]>edit or otherwise modify any material on the Website (other than editing your own information as per the method provided);
<![if !supportLists]>§ <![endif]>reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or
<![if !supportLists]>§ <![endif]>redistribute material from the Website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
<![if !supportLists]>§ <![endif]>infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
<![if !supportLists]>§ <![endif]>We reserve the right to restrict your access to any areas of our website, or indeed our whole website, at our discretion.
<![if !supportLists]>f. <![endif]>You must not use our website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
<![if !supportLists]>g. <![endif]>You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
<![if !supportLists]>h. <![endif]>You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website, without our express written consent.
In case of your violation or non-compliance of any of the terms mentioned in this Terms & Conditions, we reserve the right to suspend or terminate your account or your access to the Website or our services, at our sole discretion.
<![if !supportLists]> . <![endif]>Hobi Sports’ Rights: This Website, its logos, its content, trademarks, trade dress, trade name, all of our products listed on the website as purchased by you, shall remain the sole property of Hobi Sports. Your use of or access to this Website or purchase of the products shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website, products, any content published by us or our licensors or third parties. This Website and the Content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Website are the exclusive property of, or are licensed to the Hobi Sports and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website may be made without the prior written permission of the Hobi Sports.
<![if !supportLists]> a. <![endif]>Your Rights:
<![if !supportLists]> . <![endif]>Your Content is yours: The content, including without limitation, your comments, the photos or videos of our products that you post on your social media, and other information that you post or share may be protected by intellectual property laws. You own the intellectual property rights in any such content. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content (except defamatory one) with anyone else, wherever you want.
<![if !supportLists]> i. <![endif]>License: However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes of providing and improving our services.
<![if !supportLists]> ii. <![endif]>Description of License: Specifically, when you share a feedback or a photo or video of our product on social media, that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to copy, host, use, publish, distribute, modify, copy, publicly perform or display, and translate your content, either on our website or on our social media channels. However, we do not have any responsibility to use or display any part of your content. We retain the right to display the same at our own discretion. For example, if we find it defamatory, misleading or false, or violative of our policies, we might not display the same.
Links to Third-party Sites
Orders, Payments and Taxes
All orders are subject to acceptance and availability and you agree to pay for the products that you purchase on our website, and you authorize us (or our third-party payment service providers) to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to bear all the applicable taxes, customs and duties (wherever applicable), including but not limited to, sales tax, import duty and other charges. We reserve the right to modify the prices of our products, or discontinue the sale of any or all the products, at any time at our sole discretion, without any prior notice.
Refunds and Exchange
We accept returns and issue refund in certain circumstances. To understand this, please refer to our detailed Return and Refund Policy available on our website, in order to understand when and how we process the returns and refunds.
Limitation of Liability
<![if !supportLists]> . <![endif]>To the maximum extent permitted by law, in no event shall our Company (or our licensors or affiliates) be liable to you or any third party for any lost profits, lost data, physical harm on or in any part of the body, cost of medical check-up and treatment, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of our Products, even if Hobi Sports has been advised of the possibility of such damages. Access to, and use of, the Site and the Products is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
<![if !supportLists]> a. <![endif]>To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to amount of your order in question. The existence of more than one claim will not enlarge this limit. You agree that our suppliers, licensors, vendors or affiliates will have no liability of any kind arising from or relating to these Terms.
You acknowledge to defend, indemnify and hold Hobi Sports, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
<![if !supportLists]> . <![endif]>Your violation of ours or any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights;
<![if !supportLists]> a. <![endif]>Your wrongful or improper use of our products, Site;
<![if !supportLists]> b. <![endif]>Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;
<![if !supportLists]> c. <![endif]>Your violation of these Terms or any other policy of Hobi Sports as associated with our services;
<![if !supportLists]> d. <![endif]>The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Hobi Sports or its owners/directors, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
Governing Law and Dispute Resolution
<![if !supportLists]> . <![endif]>Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of the Federation of Malaysia.
<![if !supportLists]> i. <![endif]>Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts located in the State of Penang, Malaysia.
<![if !supportLists]> ii. <![endif]>Applicable Statute: The above-mentioned governing law and jurisdiction shall only apply to you unless the contrary has not been provided by the relevant statute, rules or directives applicable to the jurisdiction in which you reside. However, if the statute, rule or directive prevailing in the jurisdiction that you reside in provides for a different governing law and dispute resolution mechanism, in that case you are well within your rights to exercise the same.
When you use the Website or send emails to Hobi Sports, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. Hobi Sports will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement. We may give notice by means of a general notice via electronic mail to your email address, as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to firstname.lastname@example.org.
<![if !supportLists]> . <![endif]>Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
<![if !supportLists]> i. <![endif]>Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.
<![if !supportLists]> ii. <![endif]>Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.
<![if !supportLists]> iii. <![endif]>No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions or the Terms of Purchase, there shall be no third-party beneficiaries to these Terms & Conditions.
<![if !supportLists]> iv. <![endif]>No Assignment: You may not assign these Terms & Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Hobi Sports, which may be withheld at Hobi Sports’ sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void.
<![if !supportLists]> vi. <![endif]>Force Majeure: Hobi Sports and its third party delivery service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service (such as processing or shipment or delivery of your order), in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
<![if !supportLists]> vii. <![endif]>Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.
Feedback and Information
We welcome your questions or comments regarding the Terms. You can write to us via email: email@example.com
Last updated on 27 July 2022.