1. TERMS OF WEBSITE USE

1.1 This page contains the legal terms and conditions that apply to your use of the websites [http://afa.community] or any Facility websites using our products or services (“Site”) and applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”) including by accessing and browsing it, printing, copying and downloading from it, posting to it, linking to or from it or registering with it (“Use”) (collectively, the “Site Terms”). You must read these Site Terms. By your continuing Use, you confirm that you have read, understood and agree with these Site Terms in their entirety. If you do not agree to these Site Terms in their entirety, you must not Use or continue to Use this Site or Application.

1.2 Please read these Terms carefully before you start to Use the Site and/or Application, as they apply to your Use of this Site or Application and We recommend that you review these Terms from time-to-time as We may provide updates and amendments as required by applicable laws or to correspond with developments on the Site. 

1.3 These Site Terms supplement and are in addition to Our Privacy Policy, which also apply to your Use of this Site and Application. Our Privacy Policy (http://afa.community/privacy) explains the personal data that We collect about you and process when you Use the Site or Application. By Using this Site or Application, you are deemed to have read, understood and agreed to Our Privacy Statement in its entirety, consented to the processing of your personal data and you warrant that all data provided by you is accurate.

1.4 There may also be legal notices on other areas of this Site and Application that relate to your Use of the Site or Application, all of which will, together with these Site Terms and Our Privacy Policy govern your Use.

2. INFORMATION ABOUT US

2.1 This Site and Application is registered and operated by AFA Community Sdn Bhd (Registration No.: 1488118-H), trading as “AFA” and “Athlete for Athletes” (“We”, “Our” or “Us”).

2.2 We are an Agent that act on behalf of suppliers, operators or owners (“Vendors”) of sports venues, facilities, clubs, activities, coaches, referees and/or umpires, leagues, ladders and tournaments (“Facilities”), and We also offer products and services which are incidental to the Facilities.

3. CHANGES

3.1 We reserve the right to update, change, suspend or permanently close the Site or Application and update these Site Terms from time to time. We recommend that you revisit this page regularly to keep informed on the current Site Terms which apply to your Use. By continuing to Use this Site and/or Application, you will be deemed to have agreed to any changes to these Site Terms.

3.2 We do not guarantee that this Site or Application, or any content on it, will be free from errors or omissions.

4. YOUR USE OF THIS SITE

4.1 Your Use of this Site and Application’s published links, messages, material or information (“Content”) must only be for lawful purposes and must not be in a way that infringes Our or anyone else’s rights or restricts or inhibits ours or anyone else’s enjoyment or utilisation of this Site or Application.

4.2 Your Use of this Site or Application is solely for your own personal use. Except where the relevant page of this Site and Application and these Site Terms expressly permit you to do so, or We consent in writing to you doing so, you may not Use this Site or Application:

(a) to copy, reproduce, use, re-sell or otherwise deal with any Content on this Site or Application;

(b) for the purpose of commercially exploiting the Content or any part of it (except where you first obtain a licence to do so from Us or, as applicable, from the relevant nominated partner and in such case We reserve the right to charge you for such commercial exploitation);

(c) in any way that breaches any applicable law or regulation or in a way that is unlawful or fraudulent or has an unlawful or fraudulent purpose or effect;

(d) for the purpose of harming or attempting to harm minors or other users in any way;

(e) to modify, disassemble, reverse-engineer, distribute or re-post any Content on this Site or Application;

(f) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

(g) to reproduce, crawl, frame, link to or deep link into this Site or Application on or from any other website.

4.3 You must not:

(a) knowingly introduce viruses, Trojans, worms, logic bombs or other Content which is, or may be, malicious or technologically harmful to Us or anyone else;

(b) attempt to gain unauthorised access to any part of this Site or Application, the server on which this Site or Application is stored or any server, computer or database connected to this Site or Application;

(c) attack this Site or Application including attacks via denial-of-service or distributed denial-of service;

(d) post or distribute any defamatory, obscene messages or Content which may otherwise be unlawful (including that which includes any other person’s proprietary information such as trade marks, copyrighted or confidential information or trade secrets and where you are not authorised by the owner or rights holder to post or distribute such information).

4.4 You acknowledge that any breach by you of these Site Terms may be a breach of criminal offence under the Computer Crimes Act 1997, Communications and Multimedia Act 1998, the Malaysian Penal Code and Personal Data Protection Act 2010. Furthermore, We may report such actual or suspected breaches to the relevant law enforcement authorities and co-operate with those authorities, including by disclosing your identity or IP address to them. In the event of any actual or suspected breach, your Use of this Site and Application is to cease immediately or We may terminate it.

4.5 The Content on this Site and Application is for the purpose of promoting products and services available in Malaysia and if you choose to Use this Site or Application from outside Malaysia, then you are responsible for your compliance with local laws if and to the extent local laws are applicable.

5. ACCURACY OF CONTENT AND YOUR RELIANCE ON IT

5.1 The Content on this Site and Application is provided for general information purposes only and does not constitute legal or other professional advice or endorsement of any third party and so you may not rely upon it as such. Views expressed in user generated Content are the opinions of those users and do not represent Our views, opinions, beliefs or values and We reserve the right to monitor, edit or censor such user generated Content where We consider it appropriate or necessary to do so.

5.2 To the maximum extent permitted by law, We disclaim all representations, warranties and guarantees, whether express or implied, that the Content in or on this Site and Application is accurate, complete, up-to-date and/or does not infringe the rights of any third party.

6. ACCESS TO THE SITE AND YOUR ACCOUNT

6.1 We do not guarantee that this Site or Application, or any content on it, will always be available or be uninterrupted. We will not be liable to you if for any reason this Site or Application is unavailable at any time or for any period.

6.2 We permit your Use of this Site and Application on a temporary basis only and reserve the right to withdraw or change the Content or products and services provided on this Site and Application without notice.

6.3 You are responsible for making all arrangements necessary for you to have access to this Site or Application and for ensuring that all persons who access this Site or Application through your internet connection are aware of these Site Terms and other applicable terms and conditions and that they comply with them.

6.4 To register an account with Us and log into it on this Site or Application, you must provide Us with your email address and a password. Your account details may be used by you to make bookings and payments and when you use your email address, password and account, you are authorising Us to carry out the instructions you have given to Us on the Site or Application.

6.5 You are responsible for maintaining the confidentiality of your password and any account registration or activities that occur under your account. You must not disclose your account details or password to any third party. We have the right to disable your account or password at any time, if in Our reasonable opinion you have failed to comply with any of the provisions of these Site Terms.

6.6 If you know or suspect that anyone other than you knows your account details or password, you must promptly notify Us at support@afa.community.

7. REFUNDS

7.1 Each price listed on the Site or Application is only available with certain conditions and these prices may change depending on the availability of booking, length of booking and/or other variable factors. Available prices may include additional taxes and other applicable surcharges which may arise from the use of services other than those provided by AFA (if any). You agree that you are responsible for verifying the total price to be paid and other terms and details when the confirmation email is sent. You must verify the booking on the booking form, and you may cancel the booking at any time before the final confirmation is concluded. Prices shown are set out in detail so that You can see the amount to be paid, any additional costs due to the use of credit cards or interbank fees. If there is a discrepancy in the amount paid, AFA will provide an email notification of the amount to be paid by you. 

7.2 In the event that You cancel the booking before paying in full any existing shortcomings, AFA will refund the amount paid or, subject to any applicable rights you may have at law, refund an amount reduced by the reasonable costs incurred by AFA as a result of the non-payment. For any other cancellations, subject to any applicable rights you may have at law, as well as other applicable policies of AFA or the Vendors, AFA will first investigate and verify the relevant booking prior to providing refunds of the same amount paid by You, less any applicable costs incurred by AFA, including but not limited to processing and administrative surcharges, inter-bank transfer fees, credit card fees etc. (“Refund Amount”). Upon successful verification by AFA, refunds may initially be offered to you in the form of member points or vouchers, if applicable,  and AFA will work with You to process and settle the Refund Amount in Your favour.

 7.3 Refunds may not be immediate depending on your initial mode of payment. Refunds will be made by means of credit card chargeback if this option is available and You elect to proceed with it. You can contact AFA for further details on the estimated duration for receiving your refund and We will assist you as best as We can. 

7.4 AFA is not responsible or liable for any cancelled bookings caused by inaccurate transfer amounts, or exceeding the time limit for transfers or any payment that is not being made directly to AFA in accordance with these Terms.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 We are the sole legal and beneficial owner, or are the authorised licensee, of all intellectual property rights (including copyright) in and to this Site and Application (including its design and underlying code) and in the Content published on it. Copyright laws and treaties around the world, of which Malaysia is a party, protect these works and all rights in and to them are reserved to Us.

8.2 If you acquire any copyright or other intellectual property rights in the Site or Application or Content on this Site or Application (including any rights you may have in user generated Content that you submit through the Site or Application), whether by operation of law or otherwise, then you agree to assign such rights to Us on a non-exclusive, royalty free, perpetual, irrevocable and worldwide basis absolutely to the fullest extent permitted by law. You also unconditionally and irrevocably waive any and all moral rights you acquire in or to this Site or Application and its Content. You further agree to execute all such documents and do all such acts and things as We may reasonably require in order to assign any such rights to Us and to waive any moral rights you acquire in or to this Site or Application or its Content.

8.3 You may print or make copies of or download a reasonable number of extracts of any Content from this Site or Application for your personal use and reference or to draw the attention of others known to you to the Content on the Site or Application.

8.4 You agree you will not modify in any way the paper or digital copies of any Content that you have printed or downloaded from this Site or Application or Use any of the Site or Application’s graphics (including illustrations and photographs) or video or audio sequences separately from any accompanying text.

8.5 In using the Content on this Site or Application, you must always acknowledge Our status (and that of any identified contributors) and attribute credit to Us as the authors of the Content.

8.6 If you print, copy or download any part of this Site or Application in breach of these Site Terms, you agree your Use of the Site and Application is to immediately cease or may be terminated by Us and that you will, at Our option, return to Us or destroy any copies of such Content without prejudice to any other rights and remedies which may be available to Us at law.

9. BOOKING CONDITIONS

9.1 Our Site and Application helps you to find sports activities and locations and to make reservations for these either through links to third parties or through this Site and Application for services and products delivered by Vendors for whom We act as agents. When you make a booking, you are entering into a contract with Vendors via AFA Community Sdn Bhd, trading as “AFA” or “Athlete for Athletes”, not with AFA Community Sdn Bhd itself. Therefore, you shall observe and be subject to the terms and conditions of these Vendors.

9.2 As such when making a booking for a sports Facility it is your responsibility to seek out and familiarise with the terms of that sports Facility in the instance that they are not otherwise provided to you.

9.3 As the Site and Application acts as an interface in your transactions with Vendors in the sport industry, you must be legally authorised to enter into contractual obligations and have the requisite consent or authority to act for or on behalf of any persons included in such transactions. If you are under the age of 18, you must not Use this Site or Application or submit personal information unless you have the consent of, and are supervised by, a parent or guardian. You warrant that all data provided by you is accurate and you guarantee the accuracy of any information entered on this Site or Application by you in relation to a transaction, booking or person whom you represent.

9.4 Any Use of this Site or Application by you which is fraudulent or in conflict with these Site Terms shall give Us the right to refuse you access to the products and services offered by Us and sport industry suppliers or to the Site or Application.

9.5 Any bookings made by you with third party suppliers (who are not Affiliates) will be governed by the terms and conditions of such third party suppliers. Any bookings made by you through this Site or Application with Affiliates will be governed by these Site Terms and any other legal notices contained on this Site or Application or any other specific sales terms and conditions which are on this Site or Application and which We draw your attention to during the booking process.

10. LIABILITY FOR BOOKINGS

10.1 AFA is not responsible for and disclaims any and all liability related to any and all bookings for the Vendor’s Facilities. Accordingly, any bookings that are made by you as a result of using the site are done so at your own risk and when making a booking you accept all liability for any losses or damages that occur at a Facility as a direct or indirect result of a booking you make for the Facility.

10.2 AFA shall not in any circumstances have any liability for any losses or damages which may be suffered by the Vendor (or any person claiming under or through the Vendor), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:

(a) damage or loss of property, even though AFA was aware of the circumstances in which such special damages could arise;

(b) loss of profits or anticipated savings;

(c) loss of business opportunity;

(d) loss of goodwill; or

(e) any injury or death resulting from a booking made through the Site.

11. PRICING, CHANGES TO BOOKINGS AND CANCELLATIONS

11.1 All refunds and cancellations are subject to the Facility’s terms. In general, there are no refunds granted for the cancellation of bookings. A change in time, partial refund or refund is subject to the venue policy and may be granted at the absolute discretion of the Facility.

11.2 There may be unforeseen changes to the availability of a slot after a booking has been paid for via the Site. In these cases We will do all that is reasonably possible to find an alternative slot, and if none can be found that you would like to accept, a full refund will be processed within five (5) business days.

11.3 The Facility may cancel or move a booking at any time for reasons beyond Our control. In these instances we will make every effort to gain a refund on behalf of the booker or move the booking to a suitable time.

11.4 The price for bookings may change at any time and the information provided on our site may not be correct. We will make every effort to ensure that the correct pricing is provided at the time of booking but cases may occur when the Facility amends their pricing before a booking has started. As such it is our responsibility to pass on the price difference but We accept no liability for any change in price.

12. PAYMENTS

12.1 Prices for AFA provided services and Facility operator services:

(a) If you make a booking through the Site and/or Application, you agree to pay the relevant charges as described in the Site and/or Application and will be responsible for any payments or fees linked to your account.

(b) Once the booking Service has been provided, we may issue you with an invoice from AFA or on behalf of the Facility, as applicable. The invoice will include Sales and Service Tax or other relevant surcharges and duties, if applicable.

12.2 The prices may be modified in the Site and/or Application from time to time. In no event will AFA add additional costs to the price of a booking automatically, but only those services that the User has selected and chosen voluntarily and freely.

12.3 Unless otherwise stated, all fees are due upon a booking being placed and payment will be facilitated by AFA using the preferred payment method associated with your account. If your primary payment method is not able to be charged, AFA may use a secondary payment method if available. If your payment method(s) are unavailable, we reserve the right to make several attempts at facilitating payment or request you to provide alternative payment methods.

12.4 In the event of cancellation of a booked activity, AFA may withhold part of the payment as a commission for the service offered.

12.5 Split Payments:

(a) AFA may implement technology to enable Users to split a payment. Additional fees for this service may be charged to the relevant booking account at the time of payment with any additional fees stated clearly to the User.

(b) Payment may be reserved but not taken for up to seven (7) days on the Users bank account via our payment processor or provider. The User shall still be liable for full payment in accordance with Clause 10 at any time.

13.LINKS TO OTHER WEBSITES FROM THIS SITE

13.1 This Site and Application contains links to websites of third parties that We think you may want to visit. These links are provided for your information only. We do not vet these websites and do not have control over their Contents. While accessing other websites via links from this Site or Application, you will be subject to the terms and conditions of use and privacy policies that govern the use of those websites.

14. OUR LIABILITY AND THE RIGHTS OF THIRD PARTIES

14.1 Although We use reasonable efforts to ensure that this Site and Application is free from viruses and other malicious or harmful content, We do not guarantee that your Use of this Site or Application (including any Content on or website accessible from this Site or Application) will not cause damage to your computer or other devices. You are responsible for ensuring that you have the right equipment (including antivirus software) to use the Site or Application safely (and any websites which are accessed via links from this Site or Application) and to screen out anything that could damage or harm your computer or other devices.

14.2 We exclude all liability for any loss and/or damages, whether in contract, tort (including negligence), breach of statutory duty, or otherwise which directly or indirectly are caused by or arise from or in connection with:

(a) your Use of or reliance on the Content on this Site or Application;

(b) your failure to protect your password or account details;

(c) this Site or Application being unavailable or inaccessible at any time or for any period;

(d) delays or interruptions to the delivery of any Content on this Site or Application or any products and services provided by Us on this Site or Application; or

(e) a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your Use of this Site or Application and any Content on the Site or Application or any website accessible from the Site or Application.

14.3 We assume no liability for the content of websites linked on this Site or Application. Such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

14.4 Vendors – If you are a Vendor or corporate User, please note that, to the maximum extent permitted by law, We will not be liable for:

(a) loss of profits, sales, business or revenue;

(b) business disruption;

(c) loss of anticipated savings;

(d) loss of business opportunity, goodwill or reputation; or

(e) any indirect or consequential loss or damage.

14.5 If you are a User, please note that this Site and Application is only provided for domestic and private use. You agree not to use this Site or Application for any commercial or business purposes and We have no liability to you for any loss of profit, business, business interruption, or loss of business opportunity.

14.6 No third party shall be entitled to enforce any of these Site Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

15. JURISDICTION, APPLICABLE LAW AND LANGUAGE

15.1 These Site Terms, its subject matter and its formation, are governed by Malaysian law. You and You agree and acknowledge that any matter or dispute arising out of or in connection with Use of this Site or Application (including any contract entered by you with Us through the Site or Application) is subject to the non-exclusive jurisdiction of the courts of Malaysia.

15.2 These Site Terms shall be concluded and interpreted in English as the sole and prevailing language.

16. ENTIRE AGREEMENT

16.1 These Site Terms (including, where applicable, Our Privacy Policy) set out the entire agreement between you and Us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

17. CONCERNS AND QUERIES

17.1 If you have any concerns about any Content that appears on this Site or Application, please contact support@afa.community or +6016 293 0845.