Terms and Condition
JOMA MALAYSIA offers a wide range of Services. JOMA MALAYSIA encourages the User to read
these conditions carefully before using the Services. By using the Services, User agrees to be
bound by these conditions and will be considered a User for all purposes at the time he/she
uses the Website. In addition, each time a User uses any JOMA MALAYSIA service (ex. JOMA
Videos, Shopping Cart, Gift Certificates or JOMA MALAYSIA Applications for mobile devices) ,
he/she will be subject to the general terms and conditions and the specific conditions
applicable to the Services, in case there exist such specific conditions (the ''Terms of
Services''). The General Conditions of Service shall prevail over these Terms of Use in case of
discrepancy between the two.
1. Privacy
JOMA MALAYSIA encourage Users to review its Privacy Policy on the Website, which also
governs the use Users make of the Services, so that the User knows the practice.
2. Electronic Communications
Each time a User uses a Service, or sends an email, he/she is communicating electronically
with JOMA MALAYSIA. JOMA MALAYSIA will contact the User via email, by posting notices on
the Website or through other Services. For the purposes of this Agreement , the User consents
to receive communications from JOMA MALAYSIA by electronic means , and he/she agrees
that all agreements, notices and other communications JOMA MALAYSIA send electronically,
satisfies any Law requirement unless any applicable mandatory legislation requires a different
form of communication.
3. Copyright, intellectual property rights and database rights
All content hosted or made available on any of the Services, such as texts, graphics, logos,
button icons, images, audio clips, digital downloads, and data compilations are owned by
JOMA MALAYSIA or its content suppliers and are protected by the laws of Spain as well as
international law on intellectual property rights, copyright and database rights. The entire set
of content hosted on the Website or available through any of the Services is property of JOMA
MALAYSIA and it is protected by the laws of Spain and international copyright and database
rights.
It is not permitted systematic extraction or reuse of any part of the contents of any of the
Website or other Services without the express consent of JOMA MALAYSIA in writing. In
particular, the use of tools or robots for search and data mining for extraction (whether on one
or more occasions) of substantial parts of any Service for reuse without the express written
consent of JOMA MALAYSIA is not allowed. The User is not allowed to create or publish his/her
own database when these contain substantial portions of any of the Services (e.g. our product
lists and price lists) without the express written consent of JOMA MALAYSIA.
4. Content User Generated
4.1 If a User uploads anything on the Website, such as: ideas, comments, questions, data,
graphs, opinions, designs, customisations or other information, including information on
newsletters, chat rooms or Website forums (hereinafter ''Content Generated by the User''), it
will become exclusive property of JOMA MALAYSIA.
The Content Generated by the User will be considered non-confidential and therefore JOMA
MALAYSIA will be authorized to use or disclose such content in any way without assuming
any responsibility or without giving any prior notice to the User. Content Generated by the
User or any other information that a User sends to the Website must not be, or contain
anything offensive, pornographic, defamatory, blasphemous, unlawful or likely to infringe any
applicable law, whether civil , criminal or religious material.
The User guarantees that all material posted on the Website or sent to JOMA MALAYSIA is
original and property of the User and has not been copied full or partially from any third
party. JOMA MALAYSIA requests Users not to post on the Website or by any other means
send to JOMA MALAYSIA anything confidential since JOMA MALAYSIA will not be responsible
for keeping its confidentiality. JOMA MALAYSIA does not have, and the User agrees that
JOMA MALAYSIA does not have any obligation to review the Content Generated by the User.
User agrees that JOMA MALAYSIA is not responsible in any way for such content, and JOMA
MALAYSIA does not guarantee the accuracy, integrity or quality of such content. Also, JOMA
MALAYSIA cannot ensure that the Content Generated by the User is harmful, inaccurate,
deceptive, offensive, threatening, defamatory, unlawful or objectionable in any way.
User acknowledges that JOMA MALAYSIA by providing access and view of the content
Generated by the User is acting only as a passive conduit for such transfer and therefore in
no way assumes no obligation or liability relating to the Content Generated by the User or
any other activity of the Users on the Website. Without limiting the generality of the
previously stated, the User acknowledges and agrees that the information, materials and
opinions expressed or included on any Content Generated by the User does not have to
correspond to JOMA MALAYSIA, its affiliates or associates or with its content providers.
4.2 Notwithstanding the foregoing, the User acknowledges and agrees that JOMA MALAYSIA
holds the absolute right to control at its own discretion the Content Generated by the User
that is sent to JOMA MALAYSIA’s domain. Furthermore JOMA MALAYSIA reserves the right to
modify, edit, refuse to post and to remove the Content Generated by the User, whether in
whole or in part, for any reason or without a reason, and to disclose to third parties such
Content Generated by the User and all other circumstances surrounding their transmission.
The User agrees that JOMA MALAYSIA has no obligation to use or respond to the Content
Generated by the User. The User agrees to immediately notify in writing if any objectionable
content appears on the Website. JOMA MALAYSIA makes good faith efforts to investigate any
allegations arising from a violation of these Terms and Conditions for Content Generated by
the User, but
(a) cannot guarantee the editing, deleting or that such Content Generated by the User still on
the Website, whether or not involved in an indictment, and
(b) shall not in any way be responsible for the edition, deletion or retention of any Content
Generated by the User.
4.3 Any use of any content on the Website, including (without limitation) the Content
Generated by the User will be the sole responsibility of the User. Without limiting the
generality of the previously stated, the User acknowledges and agrees that JOMA
MALAYSIA is not responsible for any Content Generated by the User that provides medical
or any other advice related to physical training, exercise or diets in general. JOMA
MALAYSIA recommends the User to always ask for advice from a physician or other
qualified healthcare professional regarding the possible questions the User may have
about health conditions or physical training programs.
4.4 The User expressly agrees not to post or disclose contents through the Website, which
at JOMA MALAYSIA’s absolute discretion, are deemed: abusive, harassing, threatening,
defamatory, obscene, impersonating others, fraudulent, deceptive, inducing misleading, in
violation of copyright, trademark or any other intellectual property, invasive of privacy or
image rights, violates any right of JOMA MALAYSIA or others, illegal or inappropriate to the
good understanding of JOMA MALAYSIA
The User agrees not to upload any commercial content on the Website, and agrees not to
use the contents of the Website in any way to invite others to join or use any other
commercial online service or organization offered. The Website will request the User to
register and accept these conditions of use before he/she can send or disclose the
Content Generated by the User.
4.5 Use of the information submitted. In case the Content Generated by the User had some
kind of intellectual property rights, JOMA MALAYSIA will become owner of such rights. In
case the Content Generated by the User has intellectual property rights belonging to the
own User, the User will be giving property rights to JOMA MALAYSIA at the time that the
content is published on the Website or at the time the User sends it to JOMA MALAYSIA
If the stated above is not valid or is not sufficient to guarantee JOMA MALAYSIA free use of
the Content Generated by the User, the User agrees and warrants that JOMA MALAYSIA is
free to use in whole or in part the Content Generated by the User, posted , sent to JOMA
MALAYSIA or created by the User while making use of the Website or contained in any
communication with JOMA MALAYSIA, without compensation or acknowledgment to the
User for any purpose, including, without limitation, the development, manufacturing and
marketing products and services and creating, modifying or improving the Website or
other products or Services. User acknowledges and agrees not to make any claim to JOMA
MALAYSIA or other third parties relating to the Content Generated by the User, published
or posted by the User or others, if it is used by JOMA MALAYSIA or third parties (in the
sense above indicated ).
5. Trademarks and copyright Website
All brand names, product names and titles used on the Website are trademarks or trade
names of JOMA MALAYSIA or registered trademarks or trade names of third parties. The
User is not authorised to use or reproduce any of these trademarks or trade names as this
would be a violation of the rights of their owners.
All designs, texts, documents, videos, movies, music and /or other services, and the
selection and arrangement of such and all software compilations, source code base,
software (including applets) and all other Website material are protected by JOMA
MALAYSIA’s copyright or its suppliers. The User will only be allowed to electronically copy
and print those parts of the Website that are necessary to place an order or to use the
Website as a shopping resource.
Users are not authorised to make any other use of the information and materials on the
Website, including reproduction for purposes other than those mentioned above,
modification, distribution or republication. If the User wishes to use materials or
information from the Website, it must first obtain a written consent from JOMA MALAYSIA
Additionally, graphics, logos, page headers, button icons, scripts and service names
appearing included or available through the Website and other Services, are JOMA
MALAYSIA’s trademarks or JOMA MALAYSIA’s commercial image and they belong to JOMA
MALAYSIA. It is forbidden to make use of JOMA MALAYSIA’s trademarks or commercial
image in relation to any product or service different than JOMA MALAYSIA products or
services.
All other registered logos that are not owned by JOMA MALAYSIA and appear included or
available through the Website and other Services belong to their respective owners, who
may or may not be affiliated or associated in any way with JOMA MALAYSIA, or sponsored
by JOMA MALAYSIA
6. Patents
Several patents belonging to JOMA MALAYSIA apply to the Services as well as the functions
available through the Website and other media. Moreover, different parts of the Services
operate under different licenses of one or more patents.
7. License and Access
Subject to compliance by the User of these Terms of Use and the Terms of Service and
applicable to payment of the applicable price, if any, JOMA MALAYSIA grants the User a non-
exclusive, non-transferable, non-sublicensable, limited license to access and use JOMA
MALAYSIA’s Services for non-commercial and only personal purposes. This license does not
include any right of resale or commercial use of the Services or its contents, or any right to
collect or use any product listings, descriptions, or prices. Nor does it include the right to
make any derivative use of the Services or its contents, or download or copy any account
information for the benefit of another business, or the use of tools or robots for search and
data extraction or anything similar.
JOMA MALAYSIA and its licensors, suppliers, publishers, rights holders and other content
suppliers reserve all rights not expressly contained on these Terms of Use or the Terms of
Service.
The reproduction, duplication, copy, sale, resale or exploitation of any of JOMA MALAYSIA’s
Services is prohibited, in each case without the prior written consent of JOMA MALAYSIA
It is also not permitted to use framing techniques to enclose any trademark, logo, or other
JOMA MALAYSIA’s protected copyright (including images, text, page layout, or form) without
JOMA MALAYSIA’s prior written consent. The Users are not allowed to use Meta tags (Meta
tags) or any other ''hidden text'' using the names or trademarks of JOMA MALAYSIA without
its prior written consent brands.
JOMA MALAYSIA advised and encourage the Users to make proper use of JOMA MALAYSIA’s
Services. The User is only allowed to use the Services in a lawful way. Any breach by the User
of these Terms of Use or the Terms of Service will void the permission or license granted by
JOMA MALAYSIA.
8. Use of services
The User may not use any Service:
(i) that in any way causes, or may cause, damage or prejudice to any of the Services or
interruption of access to them, or
(ii) for any fraudulent purpose, or for the purpose of committing any crime or other illegal
activity of some kind, or
(iii) to generate any kind of discomfort, inconvenience or anxiety in a third party.
JOMA MALAYSIA reserves the right to deny access to the Services, to cancel any accounts
and remove or modify any data if the User fails to comply with applicable law, these Terms
of Use or any other terms and conditions or applicable policies.
9. Reviews, comments, communications and other content
Users can publish their views and opinions and publish other content, send communications,
suggestions, ideas, comments, questions or other information, so long as the contents
thereof are not unlawful , obscene, abusive, constitute a threat scenario or defamation or
invade another's privacy, infringe intellectual property rights or otherwise is offensive to
third parties or objectionable, or consist of or contain software viruses, political propaganda
or advertising content, chain letters, mass mailings or constitute any another type of ''spam''
.
The User is not allowed to use false e-mail addresses, or impersonate other people or entity,
or otherwise misrepresent the origin of any content. JOMA MALAYSIA reserves the right to
remove or edit any content. If a User believes that any content of the any Service includes
any defamatory statement, or is understood that intellectual property rights are being
infringed by any element or information available from the Service, JOMA MALAYSIA
requests to the User to communicate such fact immediately via email.
By posting any Content or any material submitted for publication, and unless indicated
otherwise, the User grants JOMA MALAYSIA:
(a) the non-exclusive right to free and full susceptible assign and transfer to a third party,
use, reproduce, modify, adapt, publish , translate, create derivative works, exploit, distribute
and display the content worldwide and through any media, and
( b ) its sub licensees and any other authorized by JOMA MALAYSIA, the right to use the
name provided by the User in connection with such content, if JOMA MALAYSIA decides so.
This provision does not involve the transfer of any moral right.
The User accepts the irrevocable nature of the rights conferred during the entire term of any
protection of their intellectual property rights on the content and material identified above.
User also undertakes to perform any additional action that may be necessary in order to
formalize the assignment of the rights conferred to JOMA, including the execution of any
instruments and documents, at JOMA MALAYSIA’s request.
The User represents and warrants that he /she holds all of the rights of the content
published and moreover , the User also guarantees that at the date of the submission of
such content:
(i) the content and material is accurate, and that
(ii) the use of such content or material will not breach any of the policies or JOMA MALAYSIA
guidelines, nor will produce any damage to any person or entity (also ensuring that the
content or material in question is not defamatory). The User agrees to release JOMA
MALAYSIA of any claim brought by any third party against JOMA MALAYSIA arising from or in
relation to such content and materials, except to the extent that such liability arises from the
lack of adequate suppression by JOMA of such content or material after being notified of the
illegality of such content or material.
10. Intellectual Property Claims
JOMA MALAYSIA respects the intellectual property of others. If User believes that its
intellectual property rights have been infringed, JOMA MALAYSIA asks the User to advice.
11. Responsibility of JOMA
11.1 JOMA MALAYSIA will only be liable for damages that the User might suffer if such
damages result from a breach by JOMA MALAYSIA of any contractual obligations JOMA
MALAYSIA had with the User or if the liability were applicable under JOMA MALAYSIA’s
applicable law.
11.2 If the User has suffered damages in connection with the activities of JOMA MALAYSIA
through the Website, JOMA MALAYSIA’s liability shall be limited to:
a) damage to JOMA MALAYSIA products
b) reasonable and demonstrable costs to which the User has had to spend to determine the
cause and the value of the damage referred to in paragraph a)
c) reasonable and demonstrable costs to which the User has had to deal to avoid or reduce
the damage referred to in paragraph a). The maximum reimbursement for previous damage
will, if appropriate, equal to the amount of purchase of related JOMA MALAYSIA products.
11.3 JOMA MALAYSIA is not responsible for damages to third parties arising from the use of
any of its products. JOMA MALAYSIA is not responsible for damages that the User may have
caused due to improper use of any of JOMA MALAYSIA products.
11.4 JOMA MALAYSIA is not responsible for any damage resulting from any inaccurate
information found in the Website.
11.5 In case damages have been caused to the User arising from a grossly negligent
misconduct by JOMA MALAYSIA, none of the limitations specified in this clause shall apply.
JOMA MALAYSIA will make its best efforts to ensure the availability of the Services, as well as
the absence of any errors in transmission of information that may occur. However, due to the
very nature of the Internet, JOMA MALAYSIA cannot guarantee such extremes. Also, access
to Services could occasionally be suspended or restricted for the purpose of performing
repairs or maintenance, or the introduction of new products or Services. JOMA MALAYSIA
seek to limit the frequency and duration of such suspension or restriction
JOMA MALAYSIA is not liable for
(i) any losses that were not attributable to any breach by JOMA MALAYSIA,
(ii) business losses (including loss of profits, revenue, contracts, anticipated savings, data,
loss of goodwill or incurred unnecessary expenses) , or
(iii) any indirect or consequential loss that were not reasonably foreseeable by both parties
at the time the User has begun using the Service. JOMA MALAYSIA is not liable for any delay
or failure to perform its obligations under these conditions if such delay or failure to perform
is attributable to circumstances beyond its reasonable control. This provision does not affect
the right of the User to acquire a product in a reasonable time, or to receive timely
reimbursement if JOMA MALAYSIA could not supply the goods or services within a
reasonable time by any cause within the reasonable control of JOMA MALAYSIA.
Nothing in these terms limits or excludes liability for JOMA MALAYSIA’s misrepresentation, or
in cases of death or attributable to the negligence or willful injury of JOMA MALAYSIA.
12. Applicable Law
These conditions shall be governed by and construed in accordance with the laws of
Malaysia, expressly excluding the application of the UN Convention on Contracts for the
International Sale of Goods. Both sides, JOMA MALAYSIA and User agree to submit to the
exclusive jurisdiction of the courts of the city of Kuala Lumpur, Malaysia, which means that
the user may claim their rights as a consumer in connection with these Terms of Use in
Malaysia.
13. Modification of the Service or Variation of Conditions
JOMA MALAYSIA reserves the right to make changes to the Services in their policies and
their terms and conditions, including the Terms of Use and the Terms of Service at any time.
Users will be subject to the terms and conditions, policies, Terms and Conditions General
Conditions of existing services to date use the Services. If any of these Terms of Use or the
Terms of Service is held invalid, void or for any ineffective cause, that condition shall be
deemed excluded that such declaration could affect the validity or enforceability of the
remaining conditions.
14. Resignation
In case of breach by User of these Terms of Use, (even if JOMA MALAYSIA decides not to
exercise JOMA MALAYSIA its rights or actions against the User in a specific situations) JOMA
MALAYSIA retains and can make use of all the rights and actions to which JOMA MALAYSIA is
entitled at any further time.
15. Minors
JOMA MALAYSIA do not sell products to minors. Children's products that JOMA MALAYSIA
offer must be purchased by adults. All children under 18 may use the Services only under
the supervision of his/her legal guardian.
16. JOMA Data
(insert Joma Malaysia website here) is the trade name used by JOMA MALAYSIA, This site is
owned by Joma Sport Malaysia who is also responsible for its operation.
Joma Sport Malaysia : Lot 46, Jalan Batu Tiga Lama, Seksyen U1, 40150 Shah Alam, Selangor
17. Procedure and Notice of Violation of Rights
If the User believes that any of their rights have been infringed, JOMA MALAYSIA invites
him/her to send to the customer address all comments and complaints.
Important Notice: giving false, misleading or incorrect information in Notices and
communications to JOMA MALAYSIA can lead to both civil and criminal responsibilities. If
the User has doubts, JOMA MALAYSIA recommends him/her to consult a legal advisor.
