Terms & Conditions
Welcome to the movementrevolution.com website (the “Site”). These terms and conditions (“Terms and Conditions”) apply to the Site, LILA™, Sportboleh Sdn Bhd and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. LILA™ is the trade name of and owned by Sportboleh Sdn Bhd, a company incorporated in Malaysia under registration number 878705-P and having its registered address at 610, 6th Floor, Menara Mutiara Majestic, No. 15, Jalan Othman, Section 3, 46000 Petaling Jaya, Selangor Darul Ehsan, Malaysia. International credit card payments that you make through the site will be processed by our payment service provider, an entity whose residence may not be located in Malaysia.
By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
USE OF THE SITE
We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
GST will be implemented in Malaysia at the rate of 6%. Prices of Items and services provided by Sportboleh Sdn Bhd, being GST registered company, will include GST where applicable.
Please refer to the GST Act 2014 published in the gazette on 19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is under the jurisdiction of the Royal Malaysian Customs Department (“Customs Department”).
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
1.1 In these Conditions:
“Buyer” means the person who accepts a quotation of LILA™ for the supply of Goods or who otherwise enters into a contract for the supply of Goods with LILA™;
“Conditions” mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and LILA™;
“Contract” means the contract for the purchase and sale of Goods, howsoever formed or concluded;
“Goods” means the goods (including any instalment of the goods or any parts for them) which LILA™ is to supply in accordance with a Contract;
“Writing” includes electronic mail facsimile transmission and any comparable means of communication.
“LILA™” is the trade name of and owned by Sportboleh Sdn Bhd, a company incorporated in Malaysia under registration number 878705-P and having its registered address at 610, 6th Floor, Menara Mutiara Majestic, No. 15, Jalan Othman, Section 3, 46000 Petaling Jaya, Selangor Darul Ehsan, Malaysia.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
2. Basis of the Contract
2.1 The supply of Goods by LILA™ to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
2.2 Any information made available in LILA™’s website in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and LILA™.
2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by LILA™ in its website shall be subject to correction without any liability on the part of LILA™ .
2.5 LILA™ may provide Buyer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.
3. Orders and Specifications
3.1 Order acceptance and completion of the contract between the Buyer and LILA™ will only be completed upon LILA™ issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, LILA™ shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. LILA™ shall furthermore be entitled to require the Buyer to furnish LILA™ with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of LILA™ and on terms that the Buyer shall indemnify LILA™ in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by LILA™ as a result of the modification or cancellation, as the case may be.
The price of the Goods and/or Services shall be the price stated in LILA™’s website at the time which the Buyer makes its offer purchase to LILA™. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to LILA™ in addition to the price.
5. Terms of Payment
5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in LILA™’s website. The terms and conditions applicable to each type of payment, as contained in LILA™’s website, shall be applicable to the Contract.
5.2 In addition to any additional terms contained in LILA™’s website, the following terms shall also apply to the following types of payment:
5.2.1 Credit Card
Credit Card payment option is available for all Buyers. LILA™ accepts all Visa and MasterCards, both Credit and Debit. All your credit card information are protected by means of industry- leading encryption standards.
Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.
5.2.2 Debit Cards
LILA™ accepts all Visa and MasterCard debit cards subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.
5.2.3 Online Banking
By choosing this payment method, the Buyer shall transfer the payment for the Goods to a LILA™’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. LILA™, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
6.2 LILA™ has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
6.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and LILA™ shall not be liable for any delay in delivery or performance howsoever caused.
6.4 If LILA™ has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on LILA™, to demand performance within a specified time thereafter, which shall be at least 14 days. If LILA™ fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of LILA™’s non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events, subject always to the limitations set out in Condition 12.4.
6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of LILA™’s fault) then without prejudice to any other right or remedy available to LILA™ may:
6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
6.5.2 terminate the Contract and claim damages.
7. Risk and property of the Goods
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when LILA™ has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until LILA™ has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by LILA™ to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as LILA™’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
7.4 The Buyer agrees with LILA™ that the Buyer shall immediately notify LILA™ of any matter from time to time affecting LILA™ ’s title to the Goods and the Buyer shall provide LILA™ with any in-formation relating to the Goods as LILA™ may require from time to time.
7.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) LILA™ shall be entitled at any time to demand the Buyer to deliver up the Goods to LILA™ and in the event of non-compliance LILA™ reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
7.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of LILA™ but if the Buyer does so all moneys owing by the Buyer to LILA™ shall (without prejudice to any other right or remedy of LILA™) forthwith become due and payable.
7.8 If the provisions in this Condition 7 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
7.9 The Buyer shall indemnify LILA™ against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of LILA™’s rights under this condition.
8. Warranties and Remedies
8.1 Subject as expressly provided in these Conditions all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
8.2 Subject to this Condition 8, LILA™ warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 3 months (for Exogen) commencing from the date on which the Goods are delivered or deemed to be delivered. LILA™ will provide a lifetime warranty on the loads(“Warranty Period”).
12.8 No action shall be brought by LILA™ later than 3 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 3 months after the end of the Warranty Period.
13.1 On or at any time after the occurrence of any of the events in condition 13.2 LILA™ may stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights under Condition 7 and/or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.
13.2 The events are:-
13.2.1 the Buyer being in breach of an obligation under the Contract;
13.2.2 the Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;
13.2.3 the making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Buyer’s assets;
13.4. the Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
14.1 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
14.2 No waiver by LILA™ of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
14.4 No person who is not a party to this Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right under the Contracts (Rights of Third Parties) Act to enforce any terms of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Condition 3.2.
14.5 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 14.7.
14.6 Except as provided for in Clause 14.7, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (KLR-CA). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the KLRCA. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.
14.7 Notwithstanding Clause 14.6, LILA™ shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.
14.8 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Contract for the sale of Goods.
14.9 LILA™ reserves their right to these terms and conditions of sale at any time.
Collection of Personal Information
LILA™ does not sell, share or trade customer’s personal information collected online with third parties.
Personal information collected online will only be disclosed within our corporate group and to third parties for the purposes for which it was collected, as authorised and consented by you. For example, the conduct of a sales transaction of a product of your choice on our website.
When you register a LILA™ account, the personal information we collect may include your:
- Delivery Address
- Email Address
- Date of Birth (Optional)
- Gender (Optional)
When you make a purchase on the LILA™ website, the additional personal information we collect may include:
- Telephone Number
- Mobile Number
- Delivery Address
- Credit card details (optional) and payment methodology
The mandatory personal information we collect from you will be used and or shared within our corporate group and to third parties for one or the following purposes:
- To deliver products that you purchase from our website. For example, we may pass your name and address on to a third party such as our courier service company or supplier of choice in order to make delivery of the product to you;
- To inform and update you on the delivery of the product and for customer support purposes;
- To provide you with relevant product information such as SKUs;
- To process your orders and to provide you with the services and information offered through our website and which you may request;
- To allow us to administer your registered account with us;
- To verify and carry out financial transactions in relation to payments you may make online. For example, payments that you make through our website will be processed by our appointed agent. Disclosure to these data processing agents such as that of our appointed agent in this context is necessary for the purpose of conducting the sales transaction that you have opted for.
- The non-mandatory personal information such as date of birth and gender are used to carry out research/es on our users’ demographics and for us to send you suggestion or information in the form of promotional emails which we think you may find useful, thereby, enhancing your experience when you visit our website. By providing us these non-mandatory personal information, you are deemed to have consented to be part of our research/es and to receiving suggestions or information as outlined above.
Subscription to our marketing and promotional materials
In addition to the personal information outlined above, when you register a LILA™ account with us, you shall be asked if you would like to subscribe to our marketing and or promotional materials from time to time. These marketing and or promotional materials may come from within our corporate group wholly or through affiliation with third parties. If you choose to so subscribe, you are deemed to have consented to us processing within our corporate group and or third parties your personal information for this purpose. You can always choose to unsubscribe from marketing information at any time by opting for the unsubscribe function within the electronic marketing material.
Accessing Actual Orders
Your actual order details may be stored with us but for security reasons, cannot be retrieved directly by us. However, you may access this information by logging into your account on the website. Here, you can view the details of your orders that have been completed, those which are open and those which are to be dispatched as well as administer your address details, bank details and any newsletter to which you may have subscribed. You undertake to treat the personal access data confidentially and not make it available to unauthorized third parties. We cannot assume any liability for any misuse of passwords unless this misuse is through our own fault.
Security of Your Personal Information
LILA™ ensures that all information collected will be safely and securely stored. We protect your personal information by:
- Allowing access to personal information only via passwords;
- Maintaining technology products to prevent unauthorised computer access; and
- Securely destroying your personal information when it is no longer needed for our record retention purposes.
Disclosure of Personal Information
We will not share your information with any other organisations other than our corporate group and those third parties directly related to and necessary for the purchase of products, delivery of the same and purpose for which you have authorised. In exceptional circumstances, LILA™ may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or required by the law. LILA™ is committed to complying with the Personal Data Protection Act 2010,in particular, its policies as well as corresponding guidelines and orders.
If you believe that your privacy has been breached by LILA™ please contact Us on our contact page and we will resolve the issue.
Collection of Computer Data not necessarily Personal Information
When you visit LILA™, our company servers will automatically record information that your browser sends whenever you visit a website. This data may include:
- Your computer’s IP address
- Browser type
- Webpage you were visiting before you came to our website
- The pages within LILA™ that you visit
- The time spent on those pages, items and information searched for on our site, access times and dates, and other statistics
This information is collected for analysis and evaluation in order to help us improve our website and the services and products we provide. This data will not be used in association with any other personal information.
Complaints about breaches of privacy
If you are not satisfied with the way in which we handle your enquiry or complaint, please don’t hesitate to contact Us.