Terms & Conditions
Welcome to Hobi
Sports,
These Terms & Conditions (hereinafter referred to as
the “Terms” or “Terms of Use” or “Terms
of Service”) shall govern the relationship between Hobi
Sports Sdn Bhd, bearing
company number – 485411-K, and having
its registered office address at 150 & 150A, 1st Floor, Beach
Street, 10300 George Town, Penang, Malaysia (hereinafter referred to
the “Company” or “Hobi
Sports” or “us” or “our” or “we”)
and you (hereinafter referred to “you” or “your” or “user” or “users” or “customers”)
and shall also govern your use of www.hobisports.com/ (hereinafter referred to
as the “Website” or “Site”).
Please read these Terms carefully, as these, along with
our Disclaimer, Shipment Policy, Return & Refund Policy, Privacy
Policy statement and Cookie Policy forms the entire agreement
between you and Hobi Sports. If you do not accept
these Terms in its entirety, then you may not use the site or purchase our
products.
Additionally, whenever you make a purchase on our website,
the same is governed by our Shipment Policy as well as
our Return & Refund Policy, and how we collect, use, store,
share and transmit your data is governed by our Privacy Policy statement
and Cookie Policy.
These Terms & Conditions shall be read in conjunction with
our Disclaimer, Shipment Policy, Return & Refund Policy, Privacy
Policy statement and Cookie Policy.
1.
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:
o
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.
o
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.
o
We must not
have previously disabled your account for violation of law or any of our
policies.
o
You have
read, understood and consented to our Disclaimer, Shipment Policy,
Return & Refund Policy as well as our Privacy Policy statement
and Cookie Policy.
2.
Accounts,
Passwords and Security
o
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.
o
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.
o
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.
3.
Use of the
Site
o
Allowed
uses:
§ 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.
§ 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.
§ 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.
ii.
Restricted
uses:
§ 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.
§ You can’t impersonate others, create duplicate accounts, or
provide inaccurate information.
§ You cannot use our Site or purchase our products for the
purpose of resale;
§ 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.
§ You must not:
§ republish material from this Website;
§ sell, rent or sub-license material from the Website;
§ show any material from the Website in public without our consent;
§ edit or otherwise modify any material on the Website (other
than editing your own information as per the method provided);
§ reproduce, duplicate, copy or otherwise exploit material on
our Website for a commercial purpose; or
§ redistribute material from the Website, except for content
specifically and expressly made available for redistribution with our written
consent and according to our terms;
§ infringe or violate our Intellectual Property Rights or
Intellectual Property Rights of our licensors or any third party;
§ We reserve the right to restrict your access to any areas of
our website, or indeed our whole website, at our discretion.
f.
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.
g.
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.
h.
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.
Ownership Rights
.
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.
a.
Your Rights:
.
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.
i.
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.
ii.
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.
Privacy
In order to
see what data we collect and how we use or store or
share such data, please refer to the detailed Privacy Policy statement
available on our Website.
Links to Third-party Sites
The Website
might contain links to third-party websites, products and services. For
example, the Website works with third party payment service providers to
provide you the most convenient payment options. Such third-party links are not
under the control of Hobi Sports, and Hobi Sports is not responsible for any third-party links. Hobi Sports provides access to these third-party links only
as a convenience to you, and does not review, approve, monitor, endorse,
warrant, or make any representations with respect to third-party links. You
shall use all third-party links at your own risk, and
should apply a suitable level of caution and discretion in doing so. Whenever
you click on such links, you are taken to such third-party website, and you get
out of the jurisdiction of our website. Therefore, you shall be
governed by the terms & conditions, privacy policy and other policies of
such third-party websites and we suggest that you read those policies. In
case of any damage due to such action of third-party links, Hobi
Sports shall not be responsible.
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
.
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.
a.
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.
Indemnity
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:
.
Your
violation of ours or any third-party right, including without limitation to any
right to privacy, publicity rights, defamation or intellectual property rights;
a.
Your
wrongful or improper use of our products, Site;
b.
Your
violation of any applicable laws, rules or regulations or any other applicable
law through or related to the use of our services;
c.
Your
violation of these Terms or any other policy of Hobi
Sports as associated with our services;
d.
The
indemnifications set forth above will survive the termination or expiration of
these Terms and/or your use of our services.
Legal Action
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
.
Governing
Law: The Terms and any
dispute arising from the same will be governed by applicable laws of the Federation
of Malaysia.
i.
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.
ii.
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.
Notices
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 sales@hobisports.com.
Miscellaneous
.
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.
i.
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.
ii.
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.
iii.
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.
iv.
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.
v.
Entire
Agreement: The Terms,
Disclaimer, Shipment Policy, Refund and Return Policy, our Privacy Policy as
well as our Cookie Policy, together with any additional terms and
conditions incorporated herein or referred to herein constitute the entire
Agreement between Hobi Sports and you, relating to
the subject matter hereof, and supersedes any prior understanding or agreements
(whether oral or written) regarding the subject matter, and may not be amended
or modified except in writing or by making such amendments or modifications
available on our website.
vi.
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.
vii.
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: sales@hobisports.com
Last updated on 27 July 2022.