Terms of Service

Terms of Service

Services (as defined below) rendered by GoSportz Sdn Bhd (“Company”) are subjected to these Terms of Service with exclusion of any other terms and conditions stipulated or referred to by you, the Customer. You acknowledge that you are aware of the contents of and agree to be bound by these Terms of Service. Any new features, upgrades, variations or new packages which are added to the current Service shall also be subject to these Terms of Service. Our Company reserves the right at its absolute and sole discretion to vary, modify, delete, update or suspend these Terms of Service (or any part thereof) without prior notice to you. As such, you understand and acknowledge that it is your duty to review these Terms of Service on a regular basis. 

Should you breach any of these Terms of Service, our Company shall have the exclusive sole and absolute right to terminate, discontinue or withdraw the provision of the Service to you. In the event of a breach by you, our Company reserves its right to pursue any remedy or relief in so far as permitted by law, which includes but is not limited to injunction, damages and/or specific performance.

Description of the Service

  1. The services provided by our Company are made available and is accessible via this website.
  2. You understand and accept that your use (whether in the manner stipulated or otherwise) of the Service is at your own risk.
  3. The services currently provided by our Company include but shall not be limited to the following (the “Service”):-
    1. Event organization and management;
    2. Event invitation and participation by public for a fee;
    3. Sponsorships;
    4. E-commerce; and any other service made available from time to time.
  4. You must be 16 years or older to use the Service. Parental consent is needed or involvement shall be required in the event that you have not attained the age of 16.
  5. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. All information provided by you shall be true, accurate, current and complete.
  6. You are responsible for keeping your password secure. You are responsible for maintaining the confidentiality of the password and account and are solely and fully responsible for all activities that occur under your password or account, whether or not you have authorized such activities or actions. Our Company cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  7. In consideration of the Service being made available to you, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or our Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, our Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you.
  8. You understand and acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that you, and not our Company are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Our Company cannot and does not control or monitor the Content posted via the Service and, as such, cannot and does not guarantee the accuracy, integrity or quality of such Content. You understand and acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will our Company be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, the relevant Disclaimer and the Privacy Policy before you may become a customer of our Company. 

  • We reserve the right to modify, suspend or terminate the Service for any reason, without notice at any time .We shall not be liable to you or any third parties should we exercise our right to modify, suspend or terminate the Service or any part thereof.
  • We reserve the right to refuse to provide the Service to anyone for any reason at any time. 
  • Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory including but not limited to implied warranties of merchantability and fitness of particular purpose. 
  • You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, or damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service. 
  • In no event shall we or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party or your use of the Service and/or our site. 
  • The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and accept that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), advertising, products or other materials on or available from such sites or resources. As such, you also acknowledge and accept that we do not and is not obligated to examine, evaluate or screen any of these external resources and does not warrant or endorse any of the information, content, offers or claims of these third parties. You further acknowledge and agree that we 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 such Content, goods or services available on or through any such site or resource.
  • You agree not to alter, modify, reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by our Company. 
  • All trademarks, service marks, trade names, logos and icons (collectively "Trademarks") displayed on our site are registered and unregistered Trademarks of our Company and others. Nothing contained in our site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on our site without the written permission of our Company or such third party that may own the Trademarks displayed on our site. Your use of the Trademarks displayed on our site, or any other content on our site, is strictly prohibited.
  • The entire content of this site which consists of inter alia text, video (of any format, streaming or otherwise), audio clips (of any format, streaming or otherwise), data assemblages, graphics, logos, buttons, icons and any software (the “Site Content”) is proprietary to our Company or its content provider or other third parties and is protected under international and domestic copyright laws. The arrangement and / or compilation of the Site Content is proprietary tour Company and is protected under international and domestic copyright laws.
  • Verbal or written abuse of any kind (including but not limited to threats of abuse or retribution and defamatory statements) of any of our customer,  employee, member, or officer will result in immediate account termination. 
  • The failure of our Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and our Company and govern your use of the Service, superseding any prior agreements between you and our Company (including, but not limited to, any prior versions of the Terms of Service). 
  • Recognizing the global nature of the Internet, you agree to comply with all applicable laws, statutes, regulations, rules and codes regarding online conduct and acceptable Content. 
  • You agree to indemnify and hold our Company, and our subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, your violation of any rights of any other person, or your breach of any applicable law.

Conduct

You agree not to use the Service to: 

  • upload, post, email or otherwise make available or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 
  • harm minors in any way; 
  • impersonate, or falsely state or otherwise misrepresent your affiliation with, any person or entity, including, but not limited to, our Company official, forum leader, guide or host; 
  • forge headers or otherwise manipulate identifying information in order to disguise and/or with the effect of disguising the origin of any Content transmitted through the Service; 
  • upload, post, email or otherwise make available or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 
  • upload, post, email or otherwise make available or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • upload, post, email or otherwise make available or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as, but not limited to, shopping rooms) that are designated for such purpose; 
  • upload, post, email or otherwise make available or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; 
  • interfere with or disrupt the Service or another person's use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • intentionally or unintentionally violate any applicable law, statute, regulation, rule or code, including, but not limited to, any regulations or rules of any regulatory body, governmental agency or national or other securities exchange; 
  • "stalk" or otherwise harass another person; or 
  • collect or store personal data about any other user. 

You acknowledge that our Company cannot and does not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, we and our designees shall have the right to remove any Content (whether or not provided by you) that violates the Terms of Service or is otherwise objectionable in their sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you must and will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not and will not rely for any purpose on any Content created by our Company or submitted to our Company, including without limitation information on this website, and in all other parts of the Service. 

You acknowledge and agree that our Company may in its sole discretion preserve any Content, and disclose any Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of our Company, its users and the public. 

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. 

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by our Company and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. 

Payment and Acceptance of Service

  • In consideration of the provision of the Service made available by our Company, payment monies in the currency specified, in accordance with the prevailing exchange rate (the “Price”), shall be made by you to our Company in the manner specified and made available to you.
  • Unless credit terms have been expressly agreed to by our Company, payment for the Service shall be made in full before the performance of the Service. 
  • We reserve the right to deny payments from suspicious members. In the event that an order or payment is tagged as being suspicious, delivery of item(s) will be delayed until we can successfully verify its legitimacy, be it by phone or a request for verifying information. The determination of what amounts to suspiciousness shall be at the sole and absolute discretion of our Company. You acknowledge and accept that under the laws of certain jurisdiction, we may be obligated to report any suspicious transactions to the relevant authorities.
  • Unless you notify our Company to the contrary on the day of delivery and such notification is confirmed by email, the Service shall be deemed to have been accepted by you as being in good order and in accordance with the terms and conditions under which the Service is offered by our Company. 
  • You undertake to make all payments promptly and in accordance with any rules, regulation or guidelines issued by our Company from time to time and shall not be entitled to withhold payment of all or any of the Price. 
  • All sales and/or transactions are final. Products and services that have been delivered are strictly non-refundable

Modifications to Service

Our Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination

You agree that our Company in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if we are in our sole opinion believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. You agree that our Company may in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You also agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice and acknowledge and agree that our Company may in its sole discretion immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that our Company shall not be liable in any way to you or any third-party for any termination of your access to the Service.

Disclaimer of Warranties

You expressly understand and agree that:

  • Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Our Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement (other than any warranty the exclusion of which is not lawful). 
  • We makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software/system will be corrected. 
  • Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 
  • No advice or information, whether oral or written, obtained by you from our Company or through or from the Service shall create any warranty not expressly stated in the Terms of Service (save for any fraudulent misrepresentation b your Company). 

Exclusion of Liability

You expressly understand and agree that our Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if our Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. Nothing in this Terms of Service shall limit our Company’s liability for death or personal injury resulting from its negligence. 

Disclaimers and Exclusions

You acknowledge that the disclaimers and exclusions of liability set forth in sections 10, 11 and 12 represent a fair and reasonable allocation of the risks and benefits of the agreement between our Company and you, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.

You further acknowledge that Sections 10, 11 and 12 are particularly applicable to services, news, messages, alerts or other information from the Service concerning our Company or our partners. You agree that you are solely and absolutely responsible for all decisions made by you. You further agree that our Company shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any decisions made based on such information. 

Notice

Notices to you may be made via registered email or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices, to you generally on the Service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein.

General Information

The Terms of Service constitute the entire agreement between you and our Company and govern your use of the Service, superseding any prior understandings and agreements between you and our Company and any previous statements or representations from either party to the other party. You also may be subjected to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Service and the relationship between you and our Company shall be governed by the laws of Malaysia without regard to its conflict of law provisions. You and our Company agree to submit to the non-exclusive jurisdiction of the courts of Malaysia.

The failure of our Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable and that the other provisions of the Terms of Service shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. 

Any disputes arising out of the Terms of Service will be governed by and interpreted in accordance with the laws of Malaysia and if you choose to bring proceedings in connection with the Terms of Service, you must do so in the courts in Malaysia.