Effective 28 August 2021

1. Introduction

By using the Platform (as defined), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and Privacy Policy (as defined) constitute a legally binding agreement ("Agreement") between you and Courtsite (as defined). The Agreement applies to your use of the Platform owned, operated and managed by Courtsite. If you do not agree to the Terms of Use and/or Privacy Policy, please do not use or continue using the Platform.

Courtsite may amend the terms in the Agreement at any time. Such amendments shall be effective once they are updated on https://www.courtsite.my/terms/service. It is your responsibility to review the Terms of Use regularly. Your continued use of the Platform after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

Courtsite is a technology company which provides a platform for users to obtain services provided by Partner Centres (as defined). Courtsite’s role is merely to link the user with Partner Centres. Courtsite is not responsible for the acts and/or omission of any of the Partner Centres, and any liability in relation to such services shall be borne by the Partner Centre. Partner Centres shall not represent to be an agent, employee or staff of Courtsite and the services provided by the Partner Centres shall not be deemed to be provided by Courtsite.

2. Definitions

In these Terms of Use, the following words shall have the meanings ascribed below:

  • "Courtsite" means Courtsite Web Solutions Sdn. Bhd.;
  • "Booking" means the booking of the Partner Centre’s sports facilities by the User;
  • "Booking Fees" means the fees that is paid by the User to the Partner Centre through the Platform;
  • "Partner Centres" means the sports facilities and venues that are listed on our Platform for booking by Users of the Platform;
  • "Platform" means the Courtsite online booking and payment platform for sports facilities accessible at https://www.courtsite.my/;
  • "Privacy Policy" means our privacy policy accessible at https://www.courtsite.my/terms/privacy as amended from time to time;
  • "Service" means the linking of Users to Partner Centres through the Platform and the facilitating of the Booking and payment of the Booking Fees by the Users to the Partner Centres; or
  • "User" means any person who uses the Platform.

3. Representations, Warranties and Undertaking

By using the Platform and the Service, you represent, warrant and undertake that:

  • You have legal capacity to enter into the Agreement and that you are at least 18 years old. You cannot enter into the Agreement if you are below 18 years old;
  • All the information which you provide shall be true and accurate;
  • You will use the Platform and Service only for their intended and lawful purposes;
  • You will keep your account login details and password or any identification we provide you which allows access to the Platform and Service secure and confidential;
  • You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
  • You will not try to interrupt or harm the Service or Platform in any way;
  • You will not attempt to commercially exploit any part of the Platform without our permission, including without limitation to modify any of the Platform’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any commercial purpose without our permission;
  • You will not authorize others to use your user account and you may not assign or transfer your user account to any other person;
  • You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;
  • You will not use the Platform to cause nuisance or behave in an inappropriate or disrespectful manner towards Courtsite, the Partner Centres or any third party;
  • When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
  • You will not copy or distribute any content from the Platform without written permission from Courtsite;
  • You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that Courtsite may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Courtsite has the right to terminate this Agreement and your use of the Service at any time without the need to provide notice;
  • You agree that the Service is provided on a reasonable effort basis;
  • You agree that your use of the Service is subject to the Privacy Policy;
  • You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Courtsite or any other party as a result of your breach of this Agreement;
  • You will not utilise modified devices, applications or software with the intent of evading detections or facilitating any activities intended to defraud Courtsite or to disrupt the natural functions of the Platform;
  • Your use of the Service is for your own sole personal use;
  • You will not use the Platform to cause nuisance, annoyance, inconvenience or make fake bookings;
  • You will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use; and
  • You will not copy any content displayed through the Platform for republication in any format.

4. License

Courtsite grants you a non-exclusive, non-transferable, revocable, limited license to use and access the Platform to use the Service, subject to the terms of this Agreement. All rights not expressly granted to you are reserved by Courtsite.

You shall not, in any way, do any of the following or attempt to do any of the following:

  • license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available the Platform to any third party;
  • modify or make derivative works based on the Platform;
  • disassemble, decompile, reverse engineer, decrypt, derive, code or extract from the Platform;
  • use any manual or automated program or script including web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second (i) to unduly burden or hinder the operation and/or performance of the Platform; (ii) to conduct data mining or scraping activities; or (iii) reproduce or circumvent the navigational structure of the Platform or its content;
  • post, distribute or reproduce any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
  • remove any copyright, trademark or other proprietary rights notices contained on the Platform; or
  • use the Platform to (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Platform or the data contained therein; (v) attempt to gain unauthorized access to the Platform or its related software, systems or networks; (vi) impersonate any person or otherwise misrepresent your affiliation with a person; or (vii) engage in any conduct that could possibly damage our reputation or amount to being disreputable.

5. Booking and Payment

The Service and the Platform allows you to place Bookings for Partner Centres' sports facilities. Courtsite does not own, sell or resell any of the Bookings and does not control the Partner Centres or any services or offerings that are provided by them. You understand that any Booking that you place shall be subject to the Partner Centre's availability.

You agree that Courtsite does not take part in any other dealings apart from enabling you to view, book and pay for the Bookings. All dealings with the Partner Centres including contracts for Bookings is between you and the Partner Centre directly. The Partner Centre shall be solely responsible for any warranty in relation to the Bookings.

All Bookings placed on the Platform are treated as confirmed and final. You shall not be entitled to cancel a Booking after it is confirmed. If you cancel a Booking after it has been confirmed, you remain liable to pay the applicable Booking Fees in full.

Booking Fees are non-refundable, except in circumstances where there is an occurrence of a technical glitch at no fault of the User.

You must give a minimum of two (2) days' advance notice for any modification of Bookings and your request to modify your Booking shall be subject to the Partner Centre’s availability.

6. Complaints

Any complaints between Partner Centres and Users must be taken up with each other directly.

7. Intellectual Property

Courtsite shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Platform, or any intellectual property rights owned by Courtsite. Courtsite's name, Courtsite's logo, the Service and the Platform are trademarks of Courtsite, and no right or license is granted to use them. For the avoidance of doubt, the term “Platform” herein shall include its respective components, processes and design in its entirety.

8. Confidentiality

You shall maintain in confidence all information and data relating to Courtsite, its services, products, business affairs, marketing and promotion plans or other operations which are disclosed to you by or on behalf of Courtsite (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Courtsite or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Courtsite's prior written consent, disclose such information to any third party nor use it for any other purpose.

The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

  • was at the time of receipt already in your possession;
  • is, or becomes in the future, public knowledge through no fault or omission on your part;
  • was received from a third party having the right to disclose it; or
  • is required to be disclosed by law.

9. Data Privacy and Personal Data Protection

Courtsite collects and processes your personal data in accordance with our Privacy Policy. The Privacy Policy applies to all of Courtsite's services and the Privacy Policy is made a part of this Agreement.

You agree and consent to Courtsite collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.

10. Indemnification

By agreeing to the Terms of Use upon using the Platform and the Service, you agree that you shall indemnify and hold Courtsite, its officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs and/or regulatory action) arising out of or in connection with: (i) your use of the Service and the Platform in your dealings with the Partner Centres or other Users (as the case may be); (ii) your violation or breach of any of the Terms of Use, any policy imposed by the Partner Centres or any applicable law or regulation, whether or not referenced herein; (iii) your violation of any rights of any Partner Centres; and (iv) your use or misuse of the Service or the Platform.

11. Disclaimer of Warranties

The Platform and the Service is provided to you on an "as is" basis. Courtsite makes no representations or warranties of any kind, express or implied, in connection with the Platform, Service, these Terms of Use, the content or any related services. Although Courtsite makes reasonable efforts to keep the Platform up-to-date, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We shall not be liable for any direct, indirect or consequent loss arising from the modifications or amendments to the Platform, Service or Terms of Use.

Courtsite makes no representation or warranty of any kind whatsoever, express or implied, in respect of the sports facilities operated and managed by the Partner Centres or any solutions or offerings procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any solution or offering provided by the Partner Centres and shall have no recourse to Courtsite in respect of the same.

12. Internet Delays

The Service and the Platform may be subject to limitations, delays and other problems inherent in the use of Internet and electronic communications including the device used by you or the Partner Centre being faulty, not connected, out of range, switched off or not functioning. Courtsite is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

13. Limitation of Liability

Unless otherwise stated, and to the fullest extent allowed by law, any claims against Courtsite by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the Platform during the event giving rise to such claims. Courtsite shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have made the Booking for, including any loss, damage or injury arising out of, or in any way connected with the Service and the Platform or the use or inability to use the Service and the Platform.

Courtsite will not be a party to disputes, or negotiations or disputes between you and the Partner Centres. Responsibility for the decisions you make regarding the services offered via the Platform and the Service rests solely with and on you. You expressly waive and release Courtsite from any and all liability, claims, causes of action, or damages arising from your use of the Platform and the Service or in any way related to the partner Centres introduced to you on the Platform.

The quality of the services and offerings of the Partner Centres is entirely the responsibility of the Partner Centres who ultimately provides the services and offerings to you.

14. Notice

Courtsite may give notice through the Platform, electronic mail to your email address in the records of Courtsite. Such email notice shall be deemed to have been given upon the expiration of 1 hour after the email was sent. You may give Courtsite notice by letter sent by registered mail to our offices and such notice shall be deemed given when received by Courtsite.

15. Assignment

This Terms of Use as modified from time to time may not be assigned by you without the prior written approval of Courtsite but may be assigned by Courtsite without your consent. Any purported assignment by you in violation of this section shall be void.

16. Governing Law

This Terms of Use shall be governed by and construed in accordance with the laws of Malaysia and is submitted to the non-exclusive jurisdiction of the courts of Malaysia for the purpose of any dispute connected to this Terms of Use.

17. Relationship

Nothing contained in this Terms of Use shall be construed as creating any agency partnership or any other form of joint enterprise with Courtsite.

18. Severability

If any provisions of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

19. No Waiver

The failure of Courtsite to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.

20. Entire Agreement

This Agreement comprises the entire agreement between you and Courtsite and supersedes any prior or contemporaneous negotiations or discussions.

21. Suspension and Termination

You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform (including access to your account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Platform or any portion of the Platform (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.

22. No Third Party Rights or Assignment

This agreement does not give rights to any third parties who are not party to this Agreement.