CUSTOMER PURCHASES: TERMS AND CONDITIONS

 

PURPOSE

The terms and conditions herein ("Terms and Conditions") is the agreement that defines the rights, duties and responsibilities of SPORTS360 and a Customer in relation to the sale and purchase of any Product on the Site. By speaking to our Personal , registering an Account or placing an Booking with SPORTS360 or using any facilities made available by SPORTS360 in relation to the purchase of any Product on THE SITE, Customers and any other users of THE SITE are deemed to have read and accepted and agreed to be bound by this Terms and Conditions.

This Terms and Conditions shall be read together with all the information made available to a Customer when placing and confirming a Booking including without limitation

a) The Privacy Notice on the use of personal information;

b)  The Terms of Use for THE SITE; and

c) Such other information as may be provided to a Customer by SPORTS360, save that in the event of any conflict, the Terms and Conditions herein shall apply.

For purchases from THE SITE, Customers are advised to read these Terms and Conditions, the Terms of Use and the Privacy Notice before making any purchase of a Product.  SPORTS360 shall be entitled to provide a copy of the Terms and Conditions and the Privacy Notice to Customers together with the delivery of a Product.

SPORTS360 reserves the right to change, modify, add, or remove portions of this Terms and Conditions and the information provided to a Customer including the use of THE SITE at any time. Changes will be effective after they are posted on the SITE or notified by SPORTS360. The continued use of THE SITE following such changes to this Terms and Conditions is deemed to constitute the Customers acceptance of those changes.

 

Definitions:

 

Account means a one-time registration account created for a Customer via THE SITE containing the information of the Customer including without limitation name, address, identification number (NRIC/Mykad/), telephone number and/or such other information as may be requested by SPORTS360 for purposes of registration.

“Sports360” or “We” or “Us” means Sports Threesixty Management (Company No.002398456-X) a company incorporated in Malaysia and having its address at 7-1, Jalan Wangsa Delima 2A, Seksyen 5 Wangsa Maju, Kuala Lumpur, Malaysia

 

Business Day (s) means a day (s) on which commercial banks are open for business in Selangor (other than Saturdays, Sundays and public holidays).

"Customer/Customers or You/Your means the person who places an Registration from THE SITE.

"Booking" means any booking submitted or placed by a Customer to Sports360 online on the SITE to register for the product from THE SITE.

"Product/Products" means any products/merchandise/services/offers/display items that are uploaded /showcased/displayed on THE SITE.

"THE SITE" means the online platform www.sports360.my (site/website), m.sports360.my (mobile site/ mobile website) and/or any mobile applications/mobile interfaces applications/ apps and the services provided by SPORTS360 and the Astro Group which provides a venue/platform to the users of THE SITE to purchase the Products uploaded, showcased and displayed  on THE SITE.

"Terms and Conditions" means the terms and conditions as detailed herein including all schedules, appendices, annexures, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.

Terms of Use means the terms and conditions in relation to the use of THE SITE which is provided therein.

2.         REGISTRATION, BOOKING ACCEPTANCE AND PRICING

2.1       Prior to placing the first Booking from THE SITE, a Customer must register and create a new Account online on THE SITE.  The Customer shall comply with THE SITEs Terms of Use provided on THE SITE in relation to the registration of the Account and use of THE SITE.

2.2       Upon registration as per the manner above, the Customers Account will be created. Customers only need to register an Account once.  For subsequent Bookings, Customers will only need to go through Sports360s verification process.  Subject to the terms contained herein, SPORTS360 reserves the right to decline a new Account or to cancel an existing Account at any time at its sole discretion.

2.3       General Terms of booking

a)         To place an Booking with SPORTS360, a Customer must be over 18 years of age at the time of placing such Booking failing which SPORTS360 has the right to cancel any Bookings placed.

b)         Any Booking placed by a Customer shall include the following information:

               Product/Event name and specifics (color, size, etc.);

                Participant name;

                Address;

                Identification number (NRIC/Mykad/);

                Telephone number;

               Payment method; and/or

                 Such other information as may be requested by SPORTS360 for purposes of registration.

 

c)         A Customers successful Booking will be confirmed to the Customer via email notification containing a summary of the Booking details.

d)         SPORTS360 reserves the right to accept, refuse, cancel or reject any Booking at any time or under any circumstances including where an Booking cannot be processed for various reasons. You may be asked to provide additional verifications or information before an Booking is accepted.

e)         Notwithstanding the aforesaid, non-acceptance of Booking by SPORTS360 may be a result of, without limitation, any one of the following:

               The Product/Services that you have booked is unavailable or out of stock;

               SPORTS360 is unable to obtain authorization for your payment;

               The identification of a pricing or product description error;

               If there is false, omitted, erroneous information in registration of the Customers Account;

               If a Customer is found to be under the age of 18 years;

               If SPORTS360 believes that it is not technically able to fulfill the Booking (including delivery).

                The Booking is subjected to the acceptance and the rules and regulations of the Event Organiser.

 

f)         Any changes or cancellation by a Customer of any Booking shall be notified to SPORTS360s Personal and subjected to the terms on Returns and Refunds herein.

g)         All prices stated on THE SITE shall be the price of Products and SPORTS360 shall have the absolute discretion to determine the price of the Products at any time including without limitation any promotional price. All prices, unless indicated otherwise, are in Ringgit Malaysia and SPORTS360 reserves the right to enhance the currency offerings or limit the currency offerings at any time without notice. Prices shall be subject to changes as may be determined by SPORTS360 from time to time without notice.

h)         The price for the Products includes relevant goods and services tax unless otherwise determined by SPORTS360. SPORTS360 shall be entitled to charge delivery and installation charges. SPORTS360 is determined to provide the most accurate pricing information on THE SITE but in some cases errors may still occur, such as in cases when the price of an item is not displayed correctly on THE SITE. In the event that an item is mispriced, SPORTS360 may, at its own discretion, either contact you for instructions or cancel your Booking.

 

3.         PRODUCTS DESCRIPTION AND AVAILABILITY

a)         Subject to the provisions on warranties in Section 7 below, while all images, photographs or videos of the Products presented, showcased, displayed, broadcasted and available on THE SITE are for illustrative purposes only, SPORTS360 will attempt to  ensure that all description of the Products shown on THE SITE are as accurate as possible. Although SPORTS360 has taken reasonable care to present the description of the Products accurately, the actual Products delivered may vary slightly from those shown on THE SITE due to reasons including without limitation any web image quality, broadcast quality, packaging, redesign and improvements.

b)         The availability of the Products presented on THE SITE depends on availability of stock and SPORTS360 does not guarantee the availability of the Products. In booking to ensure that Products are available to all Customers, SPORTS360 has the right to set maximum limits in advance for the purchase of individual items by a single Customer. If the Products requested by the Customer are unavailable or out of stock, SPORTS360 shall make every effort to offer a substitute item which is closest in terms of price and type to the originally requested item and in this connection, SPORTS360 shall not be held liable in any manner whatsoever to the Customer. SPORTS360 shall also be entitled to carry out special promotions which offer free gifts or promotional items at its sole discretion from time to time subject to such terms as may be decided by SPORTS360.

4.         TERMS OF PAYMENT

a)         SPORTS360 reserves the rights to set the rules and policies regarding the payment methods and to make the necessary changes from time to time. The payment for Products purchased from THE SITE by any Customer may be made via any of the following methods (collectively Payment Methods):

i)          Credit Card, Debit Card

SPORTS360 accepts all Visa, Mastercard and American Express credit and debit cards issued in Malaysia. However, no payments will be processed for a non-card holder and Customers shall comply with such terms and conditions as may be imposed by the issuing financial institution or bank. If a credit card or debit card payment is rejected or declined for any reason, SPORTS360 reserves its rights under this Terms and Conditions to reject the relevant Booking either in whole or in part.

ii)         Cash on delivery (COD)

COD is available to a Customer who wishes to make payments for a Product upon delivery. Customers shall make the full COD payment to SPORTS360s delivery provider at the point of delivery of the Product and upon receipt of the full payment, the Product will be handed over to the Customer.

SPORTS360 be entitled at its discretion to revise, add or change the Payment Methods at any time and from time to time. Customers are advised to either view THE SITE.

b)         All successful payments made by a Customer via credit card or debit card or EPP will be confirmed online and/or notified by SPORTS360 by email. In addition, an email confirmation together with a sales invoice which also serves as a receipt of payment will be sent to a Customers email. A copy of the said sales invoice will also be provided to the Customer upon delivery of the Product.

c)         In the event SPORTS360 shall discover any fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with any payment made by any Customer in relation to any Product then SPORTS360 shall be entitled to without limitation to any rights of SPORTS360 herein, require a different means of payment from the Customer, or to reject an Booking and/or close a Customers Account.

5.         DELIVERY

a)         SPORTS360 is entitled at its sole discretion at any time from time to time to inform the Customer to collect all the goodies at designated location that has been determined by the Event Organiser.

b)         If the Customer intends to authorize a third party to receive or collect the goodies, the Customer shall bring a valid proof of payment for the purpose of identification and verification.

c)         Subject to the terms herein, delivery of the Products shall only be available to designated areas in Malaysia (which may be revised from time to time by SPORTS360) (Designated Collection areas) and to the address specified by the Customer in Booking, provided that such address falls within the Designated Collection areas. Customers are advised to check at the point of placing a Booking on the Designated Collection areas and SPORTS360 shall be entitled to reject any delivery which is not within the Designated Collection areas.

d)         Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Products at the time when SPORTS360 or the related parties has tendered delivery/collection of the Products.

Notwithstanding delivery/collection and the passing of risk in the Products, the property in the Products shall not pass to the Customer until SPORTS360 has received payment in full of the price of the Products in a Booking.

To the extent permitted by law, SPORTS360 shall not be liable to any Customer for any losses, liabilities, costs, damages, charges or upon passing of risk to the Customer.

 

6.         RETURNS / EXCHANGE/REFUNDS/CANCELLATION

a)         During any introductory period as determined by SPORTS360 at its sole discretion (Introductory Period):

i)          A Customer may exchange a Product and/or return any Product to obtain a refund of the purchase price of a Product free from any charges if the original seal is broken and the original packaging is opened then the Customer cannot exchange or return and SPORTS360 will not accept such exchanges or returns.

ii)         A Customers request for exchanges and/or cancel of the Booking shall be made no later than thirty (30) days before the Event Date.

iii)        Returns of Products shall include any free gifts or promotional items, all warranty cards (if any), invoices, etc that are associated with such Product. Customers are advised to contact SPORTS360s Personal for further details.

iv)        All Products (including any free gifts or free promotional items associated with the purchase) must be in their original seal (unbroken) and packaging with all tags, accessories, sales invoice and warranty card (if any) enclosed.

v)         Products consisting of food or perishable items, and personal body items such as cosmetics or facial products cannot be returned if they have been partially consumed or used. However, undergarments and inner wear clothing cannot be returned for any reason whatsoever.

vi)        No Product may be exchanged or returned if it is specified in the warranty card that no exchanges or returns are allowed.

vii)       All Products must be cleared of any defects or damage to the reasonable satisfaction of SPORTS360.

viii)      Event cancellation: In the event of cancellation by the Event Organiser, the payment received by the Event Organiser shall be refunded in full except the cause of the cancellation by the reason of act of god or force majeure.

 

c)         For avoidance of doubt, SPORTS360 shall have the absolute discretion to decide on what Products that may be exchanged or returned. Customers are advised to check online at THE SITE on the full list of items.

d)         Subject to the terms contained herein, no requests for exchange or returns are allowed except for defective Products within any warranty period. In the event any Product warranty period falls after the Returns Period, the Customer will have to engage directly with the supplier or manufacturer (at their service center stated in the warranty card) if the Customer wishes to request and demand for any exchange, return or refund. Where the service center of the supplier or manufacturer is not specified, then SPORTS360 may, at its sole discretion, and at the request of the Customer, collect the Product free of charge from the Customer and deliver the Product back to the supplier or manufacturer on behalf of the Customer.  For avoidance of doubt, a Customer is not entitled to any exchange, returns or refunds after the expiry of the warranty period of the Product.

e)         Subject to Sections 6(a) to (d) above, if, a Customer is entitled to cancel a Booking. Customers are advised to contact SPORTS360 for details of such request. Depending on the method of payment, refunds shall also subject to the terms imposed by the issuing bank.

7.         WARRANTIES

a)         SPORTS360 will take reasonable steps to ensure that all Products have been screened and inspected by SPORTS360s vendors and suppliers to ensure that the Products are of the standard, quality, composition, style or model that they represent and as presented, on THE SITE. SPORTS360 does not take any responsibility for any inaccuracy or error in the presentation, display and broadcasting of such information. SPORTS360 binds itself only to exercise reasonable care when delivering the Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by      law. Any such special or particular description shall be taken only as the expression of SPORTS360's opinion in that regard.

b)         Subject to Section 8 below, SPORTS360 does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, accuracy, satisfactory quality, reliability or fitness for a particular purpose, in respect of  any Product sold to a Customer (and/or any free gift or promotional items given in relation to any such Product), the material, information and/or functions therein and expressly disclaims liability for all errors and omissions in such materials, information and/or functions.

 

 

 

8.         LIABILITY AND INDEMNITY

a)         To the full extent allowed by applicable law, the Customer agrees that SPORTS360 will not be liable to a Customer/or any third party for any claims against SPORTS360 for consequential or incidental loss and damages (including but not limited to loss of revenue, loss of profits, loss of goodwill, loss of reputation, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to any Product sold (including  free gifts or promotional items given in relation to any such Product) by SPORTS360. 

b)          SPORTS360 shall further be under no liability in respect of:

i)          any allergies or other health or medical condition suffered by a Customer; and

ii)         any defect to any Product, arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow instructions (whether oral or in writing) misuse or alteration or repair of the Product, addition and insertion of parts, in particular of spare parts which do not come from SPORTS360 without the approval of SPORTS360.

In this connection the Customer shall indemnify SPORTS360 against each loss liability and cost arising out of such claims.

c)         The Customer shall indemnify and hold harmless SPORTS360, its subsidiaries and affiliates from any claim or demand, or actions made by any third party due to or arising out of the Customers breach of the Terms and Conditions and the Terms of Use in relation to THE SITE.

d)         To the extent permitted by law, SPORTS360s total liability to the Customer or any third party in respect of any cause of action, shall in no circumstances exceed, in aggregate, a sum equal to 100% of any aggregate amount paid by the Customer in respect of the relevant Products.

e)         Nothing in this Terms and Conditions shall exclude or limit our liability for

(i)        fraud;

(ii)       any breach of the consumer guarantees relating to the supply of products and/or services which cannot be excluded or limited pursuant to the Consumer Protection Act 1999; and

(iii)      any other liability which cannot be excluded or limited under any applicable law.

 

9.         GENERAL TERMS

a)         SPORTS360 shall have the right, in its sole discretion and without notice, to suspend or terminate the Customers access to THE SITE if the Customer breaches any of this Terms and Conditions and including the Terms of Use and the Privacy Notice by giving fourteen (14) days written notice to the Customer. Upon any termination of this agreement, the Customer shall immediately cease all access to and use of THE SITE and SPORTS360 shall, in addition to any other legal or equitable remedies, immediately cancel the Account and deny access to and use of THE SITE to the Customer in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

b)         SPORTS360 shall not be liable for any breach of its obligations under the Terms and Conditions where it is hindered or prevented from carrying out its obligations by any event of force majeure or cause outside its reasonable control (or by any damage caused by any of such events).

c)         This Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof.

d)         This Terms and Conditions shall be governed in all respects by the laws of Malaysia and the parties shall submit to the exclusive jurisdiction of the Malaysian courts.

e)         If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced.

f)         Any communication or notice to SPORTS360 should be in writing to SPORTS360s address stated on SPORTS360s invoice. All correspondence and notices by SPORTS360 to the Customer will be sent in writing to the most recent mailing address provided by the Customer to SPORTS360 upon registration or via email to the email address provided by the Customer. Notices will be considered to be received upon hand delivery or upon the fifth business day after posting or upon receipt of the email.