WEBSITE TERMS OF USE

 

1.             ACCEPTANCE OF TERMS - GENERAL

a)        The use of the Site is subject to this Terms of Use (collectively "TOU"). By accessing and using the Site you agree to be bound by this TOU (which term shall include guidelines and rules) which may be posted by SPORTS360 on the Site from time to time.

b)        You agree that SPORTS360 may modify and amend this TOU at any time without notice. All such modifications and amendments are hereby incorporated by reference into the TOU. You are responsible to check on the TOU posted on the Site from time to time. By continuing to use the Site, you are deemed to have agreed to be bound by any modifications and amendments to this TOU.

c)              Definitions:

Account means a one-time registration account created for a Customer on the Site containing the information of the Customer including without limitation name, address, identification number (NRIC/Mykad), telephone number, email address, emergency contact number, T-shirt or jersey size and/or such other information as may be requested by SPORTS360 for purposes of registration on the Site from time to time.

"Booking" means any order submitted or placed by a Customer to SPORTS360 online through the Site.

"Customer/Customers or You/Your means the person who places an Order and purchases a Product from the Site.

“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

 

"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 its affiliated groups or business partner which provides a venue/platform to the users of THE SITE to purchase the Products uploaded, showcased and displayed  on THE SITE.

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

 

2.             REGISTRATION, USE AND SECURITY

a)        To be a registered Customer of the Site, you must provide the information required in the registration form on the Site. You will need to provide a unique [and valid] e-mail address and password upon completing the Account registration process. You are responsible for maintaining the confidentiality of the password and e-mail address, and are fully responsible for all activities that occur under your password or e-mail address whether or not actually or expressly authorised and/or used by you.  You agree to immediately notify us if any authorised third party has of that password or if there is any unauthorised use of your email address or any breach of security known to you.

 

b)        SPORTS360 reserves the right to terminate any dormant Account that has not been used for a period of six (6) months or longer.

 

c)        Information on the Site may contain technical inaccuracies or typographical errors and may be changed or updated without notice. SPORTS360 may also make improvements and/or changes to the Site, at any time without notice. Your access to the Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services to the Site.

 

d)        You agree to:

(a)      provide true, accurate, current and complete information about yourself as prompted by the Account registration form and

(b)       maintain and promptly update such registration data to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if SPORTS360 suspects that such information is untrue, inaccurate, not current or incomplete, SPORTS360 has the right to suspend or terminate your Account and refuse any and all current or future use of the Site (or any part thereof).

 

e)        We collect information about you through the details provided in the Account registration form and also through your use of the Site. By using the Site, you expressly accept and give your unconditional consent that we may use and/or disclose information about your demographics in any manner which does not reveal your identity for purposes of marketing, promotional, strategic development, research and customer care.

 

f)         The Site may not be available to all devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access the Site and assume all risk associated therewith.

 

g)        The Site may not be available to be accessed from all regions and countries of the world. SPORTS360 reserves the right, in its sole discretion, to limit or terminate your ability to access the Site from certain regions or countries, and you assume all risk associated with the accessibility of the Site from any given region or country of the world.

 

h)        SPORTS360 reserves the right to limit or prohibit your entry into the Site in its sole discretion and shall not be liable for such limitation or prohibition.

 

i)         Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

 

3.             YOUR CONDUCT

a)        You agree to use the Site only for lawful purposes and in accordance with this TOU.

b)        You agree to

(a)       notify SPORTS360 immediately of any unauthorised use or any other breach of security, and

(b)       ensure that you properly exit from your Account at the end of each session. SPORTS360 cannot and will not be this provision.

c)        Your Account is not transferable and may not be assigned to any third party. The Site is provided to you for internal, non-commercial, personal use by you only. You may not allow any other person to:

(a)       resell, timeshare, sublicense, or otherwise transfer all or any portion of the Site to any other party; or

(b)       make commercial use of the Site without the express written consent of SPORTS360.

d)        You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through the SPORTS360 Service. Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding on-line communication in the country in which you reside.

e)        You will not use the Site in any manner that could damage, disable, overburden, or impair the `Site (or the network(s) connected to SPORTS360 Service) or interfere with any other party's use and enjoyment of the SPORTS360 Service. You will not attempt to gain unauthorised access to the Site and other Accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

 

f)         You will not post or transmit through the Site any defamatory, libellous, harassing, harmful, obscene, threatening, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are crude, racist sexist, vulgar, or otherwise offensive. You will always treat other users with respect and will not interfere with other users use or enjoyment of the Site.

 

g)        You will not post or otherwise make available on the Site any material, which you do not own without the express permission of the owner of the material.

 

h)        You will not broadcast, copy, download, frame, reproduce, republish, transmit in any manner whatsoever, any material on the Site except as is strictly necessary for your own personal non-commercial home use.

 

i)         You will not do anything that affects the operability or security of the Site or causes unreasonable inconvenience or offence or disruption to our staff.

 

4.             TERMINATION/ACCESS RESTRICTION

a)        You may terminate and close your Account by e-mailing SPORTS360 at the email address specified on the Site from the e-mail address provided by you the time you opened your Account and created your e-mail address. Your e-mail must specify your e-mail address, and expressly state that you wish to terminate your Account.

 

b)        Without limiting anything herein contained, SPORTS360 reserves the right at its sole discretion to terminate the Site and your access to the Site and your use of the Account at any time without notice and for any reason.

 

c)        In addition to any termination rights SPORTS360 may have under this TOU, SPORTS360 may

suspend your Account and access to the Site without notice and in its sole discretion if:

 

i)          SPORTS360, at its sole discretion ceases to offer any free, trial, or promotions for the Products, where such termination or suspension shall solely relate to such Products.

ii)         For inactivity, this is defined as failing to log into your Account for an extended period of time, as specified in Section 2 (b) above.

iii)       SPORTS360 suspects fraudulent use (Fraudulent use of an account may include

but is not limited to:

 

(a)       permitting access to your e-mail address and password to third parties, or

(b)       entering invalid or apparently invalid user information for your Account, or

(c)       attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-trial-per-user limitation) of the Site and/or your Account.

iv)        You materially violate this TOU or any notice posted from time to time on the Site, any applicable law, rule or regulation relating to the use of the Products.

v)         Any law, regulation, or governmental action renders all or any portion of the Site (or your use of the Products) unlawful or impracticable.

vi)        Your use of your Account or the Site impairs or threatens to impair the integrity or functionality of the SPORTS360s network in any manner.

vii)       If SPORTS360 believes that you have violated or acted inconsistently with the letter or spirit of this TOU.

d)        You agree that SPORTS360 shall not be liable to you or any third-party for any termination of your access to the Site or your Account.

 

5.             DISCLAIMER & LIMITATION OF LIABILITY

a)              SPORTS360 makes no warranty or guarantees of any kind that the Site will meet your requirement or that the Site will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the Site or your Account are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. All use of the Site is at your own risk and you are solely responsible for all damages resulting therefrom.

 

b)             To the maximum extent permitted by applicable law,

SPORTS360 disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the Site and transactions performed through the service or on the Internet generally. SPORTS360 makes no representations or warranties as to the quality of the call or any connection to or any transmission over the Internet, the incompatibility of the Site with any of your equipment, software or telecommunication links, technical problems including errors or interruptions of the Site, unsuitability, unreliability or inaccuracy of the Site or the inadequacy of the site to meet your requirements.

 

c)        To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall SPORTS360 be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if SPORTS360 has been advised of the possibility of such damages or even if such damage is foreseeable), loss of anticipated savings, wasted expenditure, loss of privacy, loss of data, that result from the use of or the inability to use the Site any changes to the Site and unauthorised access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Site or arising in connection with the fraudulent or unlawful acts of any third party.

 

d)        You specifically agree that SPORTS360 is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.

 

e)        If you are dissatisfied with the Site, the materials available on or through the Site or with the provisions of this TOU, you agree that your sole and exclusive remedy is to discontinue using Site, the Account and/or any of SPORTS360's Products.

 

f)         SPORTS360 will take reasonable measures to maintain the privacy and security of all private information provided by you to the Site, but third parties (such as hackers) may breach or attempt to breach SPORTS360's security measures or may gain unauthorised access to the SPORTS360 database or other equipment containing your information. You agree that SPORTS360 shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of the Site or any other company equipment or user information.

 

6.             INDEMNITY

You agree to indemnify, defend and hold SPORTS360 and any third party information providers to the Site harmless from and against all losses, liability, expenses, damages and costs, including legal fees, resulting from any violation by you of this TOU or asserted by any third party due to or arising out of your use of or conduct on the Site, including the use of or conduct on the Site by a third party through your password.

 

7.             LINKS TO THIRD PARTY SITES

a)                    The Site may contain links to third party websites, resource and advertisements (collectively "Linked Websites"). You agree that Linked Websites are necessary for SPORTS360 to provide the Products. Such Linked Websites are provided to you only as a convenience. SPORTS360 shall not be responsible if any of the Linked Websites is not working appropriately. SPORTS360 has no control over such Linked Websites and shall not be responsible for the contents, products or services of any Linked Website, including without limitation any link contained in a Linked Website, including that relating to social networking sites such as Facebook and does not endorse any content, advertising, products, or other materials on or available from such Linked Websites. If you decide to access and use any of the Linked Websites, you do so entirely at your own risk.

 

b)                    You agree that SPORTS360 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, product or services available on or through any such Linked Websites. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. SPORTS360 has no responsibility or liability for any merchant or your relationship with such merchant.

 

8.             DISCLOSURE AND CONFIDENTIALITY

a)        SPORTS360 reserves the right to disclose any personal information about you or your use of the SPORTS360 Service and without your prior permission if SPORTS360 in good faith, believes that such action is necessary to:

(1)       Conform to legal requirements or comply with legal process;

(2)       Protect and defend the rights or property of SPORTS360 or its holding or affiliated company;

(3)       enforce this TOU; or

(4)       act to protect the interests of its members or others.

 

b)        Any non-personal information or material sent to SPORTS360 by you will generally NOT be treated as confidential. For further details on use and disclosure of your personal information please see our Privacy Notice posted on the Site, which is incorporated into and forms part of this TOU.

 

9.             PROPRIETARY RIGHTS

a)        COPYRIGHT

i)               The Site, all images, text, graphics, logos, sound, programs and any other material ("Content") found on the Site are protected by trademark, copyright, or other intellectual property laws and international treaties. Any commercial use of the Site and Content found on the Site, including any reproduction, modification, copying, distribution or use of any of the materials and Content of the Site, is strictly prohibited, without SPORTS360's express and prior written consent. Any reproduction or redistribution of SPORTS360 Service, and Content found on the Site, not in accordance with the TOU herein is expressly prohibited by law, and may result in severe civil and criminal penalties.

 

ii)                    Elements of the Site, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

 

iii)       No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by SPORTS360.

 

b)        GRANT OF LICENSE AND RESTRICTIONS

 

i)         You acknowledge and agree that the Site and any necessary software used in connection with the Site ("the Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. SPORTS360 reserves all rights in the Software not expressly granted herein, including without limitation ownership and proprietary rights.

 

ii)        You may not copy the Software to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Software, except insofar as such restriction is prohibited by law. Any reproduction or redistribution of the Software not in accordance with this TOU and any License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible

 

iii)       We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. If you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

c)        TRADEMARKS AND THIRD PARTY MATERIALS

 

SPORTS360 reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names and any other intellectual property rights (collectively "Marks") and nothing in this TOU grants you the license to use such Marks. Additionally, other marks which appear on this site may be marks of third parties that are not affiliated with SPORTS360. SPORTS360 does not control or endorse the content of third party websites.

 

10.          MOBILE SERVICES

a)        The Content provided on the Sites mobile services (if any) by SPORTS360 and/or its content providers which includes without limitation messages, files, data, images, photographs, software, ring tones, pictures, logos, video clips, video streaming, live feeds, information on demand content (e.g. information about health, lifestyle, etc) and games (collectively referred to as the "Mobile Content") that you may download or stream to your mobile device, personal media player, mobile gaming device or personal computer which is equipped with the necessary functions or applications to support the Mobile Content to be downloaded or streamed. We advise you to check with your respective mobile phone operator or Internet service provider on whether your device can support or is compatible to download, view and stream the Content.

 

b)        SPORTS360 will not be responsible or liable for any problem, loss or damage of whatsoever nature suffered by you due to any delay and/or failure in receiving and sending a SMS/MMS as a result of any network, communication or system error, interruption and/or failure experienced by the participating mobile phone operators.

 

11.          COOKIES

a)        A cookie is an element of data that can be sent to your browser. Your browser may then store it on your system based on the preferences you have set on your browser. Cookies gather information about your operating system, including but not limited to browser type, and Internet Protocol (IP) address. SPORTS360 may use this information to analyse traffic on the Site, in order to better serve you when you return to the Site. It is not our intention to use such information to personally identify a user. You have the option to configure your Internet browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. Further you have the option to block all cookies. Please note, however, that if you refuse or otherwise block cookies you may not be able to use all of the functionality available on the Site.

 

12.    GENERAL

a)        This TOU are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and SPORTS360 regarding this TOU will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defences to jurisdiction. You agree that the Site shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by SPORTS360 in and from Malaysia.

 

b)        If there is any conflict or inconsistency between this TOU and the Customer Terms and Conditions, such conflict or inconsistency will be resolved in a manner most favourable to SPORTS360. However, if such conflict or inconsistency cannot be so resolved, the Customer Terms and Conditions will prevail over this TOU.

 

c)        SPORTS360's failure to insist upon or enforce strict performance of any provision of this TOU or SPORTS360s failure to take immediate action for any breaches of the terms of this TOU shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by SPORTS360 in writing.

 

d)        SPORTS360 may assign its rights and duties under this TOU to any party at any time without notice to you and this TOU shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.

 

e)        This TOU contain the entire understanding between the parties hereto with respect to the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TOU.

 

f)         SPORTS360's performance of this TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of SPORTS360's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SPORTS360 with respect to such use.

 

g)        If any provision of this TOU is held invalid, the remainder of this TOU will continue in full force and effect, and if any provision(s) of the TOU is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This TOU shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU and any notice given in electronic form shall be admissible in judicial or administrative proceedings.

 

h)        Notices to you shall not be modified, except by an express modification by SPORTS360 as described herein and may be made via either email or regular mail or by displaying notices or links to notices to you on the Site.

 

i)         SPORTS360 reserves the right to amend any of the provisions of this TOU from time to time. Amendments will be effective immediately upon notification on the Site. Your continued use of the Site and purchase of any Product will represent an agreement by you to be bound by this TOU as amended.

 

j)         You may not assert any claim against SPORTS360 in connection with the Site unless you have given SPORTS360 written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim. You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 

k)        Nothing in this TOU shall be construed to create a joint venture, partnership or agency relationship between you and SPORTS360 and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.