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Terms & Conditions

  1. Introduction

    By using Jacky.com.my, you agree that you have read and understood the terms in these Terms & Conditions which are applicable to you. These Terms & Conditions constitute a legally binding agreement (Agreement) between you and Jacky.com.my. The Agreement applies to your use of Jacky.com.my owned, operated and managed by Jacky Badminton Academy. If you do not agree to these, please do not use or continue using Jacky.com.my.

    Jacky.com.my may amend the terms in the Agreement at any time. Such amendments shall be effective once they are updated on this page. It is your responsibility to review the Terms & Conditions regularly. Your continued use of Jacky.com.my after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

    Jacky.com.my is a company which provides a platform for users to book and pay for sporting activities.

  2. Definitions

    In these Terms & Conditions, the following words shall have the meanings ascribed below:
    • "Jacky.com.my" means Jacky Badminton Academy.;
    • "Booking" means the booking of the sport activitiy slot by the User;
    • "Booking Fees" means the fees that is paid by the User to Jacky.com.my through the Platform;
    • "Platform" means the Jacky.com.my online booking and payment platform for sports activities accessible at https://jacky.com.my/;
    • "Service" means the Booking and payment of the Booking Fees by the Users to Jacky.com.my;
    • "User" means any person who uses the Platform.

  3. Representations, Warranties and Undertaking

    By using Jacky.com.my, you represent, warrant and undertake that:
    • All the information which you provide shall be true and accurate;
    • You will use Jacky.com.my 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 Jacky.com.my 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 Jacky.com.my in any way;
    • You will not attempt to commercially exploit any part of Jacky.com.my without our permission, including without limitation to modify any of the site'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 Jacky.com.my for sending or storing any unlawful material or for fraudulent purposes;
    • You will not use Jacky.com.my to cause nuisance or behave in an inappropriate or disrespectful manner;
    • When using the Service, you agree to comply with all laws applicable to you and/or your use of the ;
    • You will not copy or distribute any content from the Platform without written permission from Jacky.com.my;
    • You will provide accurate, current and complete information as required by the Platform 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 Jacky.com.my 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, Jacky.com.my has the right to terminate this Agreement and your use of the website at any time without the need to provide notice;
    • You agree that the Service is provided on a reasonable effort basis;
    • You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Jacky.com.my 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 Jacky.com.my 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. Booking and Payment

    The Service and the Platform allows you to place Bookings for sports activities. You understand that any Booking that you place shall be subject to the sports activities' availabilities.

    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 or if the sport activity is cancelled at no fault of the User.

  5. Data Privacy and Personal Data Protection

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

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

  6. Indemnification

    By agreeing to the Terms & Conditions upon using the Platform and the Service, you agree that you shall indemnify and hold Jacky.com.my, 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:
    1. your use of the Service and the Platform in your dealings with the hosts or other Users (as the case may be);
    2. your violation or breach of any of the Terms & Conditions, any policy imposed by the hosts or any applicable law or regulation, whether or not referenced herein;
    3. your violation of any rights of any sport centers; and
    4. your use or misuse of the Service or the Platform.

  7. Disclaimer of Warranties

    The Platform and the Service is provided to you on an "as is" basis. Jacky.com.my makes no representations or warranties of any kind, express or implied, in connection with the Platform, Service, these Terms & Conditions, the content or any related services. Although Jacky.com.my 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. Jacky.com.my makes no representation or warranty of any kind whatsoever, express or implied, in respect of the sports facilities 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 sport centers and shall have no recourse to Jacky.com.my in respect of the same.

  8. 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 being faulty, not connected, out of range, switched off or not functioning. Jacky.com.my is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

  9. Limitation of Liability

    Unless otherwise stated, and to the fullest extent allowed by law, any claims against Jacky.com.my 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. Jacky.com.my 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.

    Jacky.com.my will not be a party to disputes, or negotiations or disputes between you and the sport centers. 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 Jacky.com.my 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 sport centers introduced to you on the Platform.

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

  10. Notice

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

  11. Assignment

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

  12. Governing Law

    This Terms & Conditions 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 & Conditions.

  13. Relationship

    Nothing contained in this Terms & Conditions shall be construed as creating any agency partnership or any other form of joint enterprise with Jacky.com.my.

  14. Severability

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

  15. No Waiver

    The failure of Jacky.com.my to enforce any right or provision in the Terms & Conditions shall not constitute a waiver of such right or provision.

  16. Entire Agreement

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

  17. Suspension and Termination

    You agree that we may do any of the following, at any time, without notice:
    1. 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;
    2. to modify or change any applicable policies or terms; and
    3. 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.

  18. No Third Party Rights or Assignment

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