TERMS OF SERVICE

OVERVIEW 

www.myhobby.com.my (“the Website”) is operated by My Hobby and Collectibles Sdn Bhd. Throughout the Website, the terms “we”, “us” and “our” refer to, individually and collectively, My Hobby and Collectibles Sdn Bhd, its subsidiaries, affiliates, associated companies and jointly controlled entities. We offer this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

Your access to and use of this Website and services made available via this Website (“Services”) are subject to the terms of a legal agreement between you and us. Your agreement with us will always include, at a minimum, the terms and conditions set out in this page (“Terms of Service”). Your agreement with us will also include the terms of: (a) Privacy Policy; (b) Payment and Shipping Policy; (c) Refund and Exchange Policy; and (d) any and all other terms, policies, procedures, guidelines, rules, directives and/or instructions of whatsoever nature presently and from time to time issued, given, made and/or established by us via the Website (terms of (a), (b), (c) and (d) are collectively referred to as the “Additional Terms”), in addition to the Terms of Service herein. The Terms of Service and the Additional Terms are collectively referred to as “My Hobby Terms and Conditions”, and My Hobby Terms and Conditions constitute the aforesaid agreement between you and us.

You are advised to seek independent legal and professional advice in understanding and evaluating whether to accept these Terms of Service, Additional Terms and/or My Hobby Terms and Conditions. Before using the Website, you must read and accept all of My Hobby Terms and Conditions. My Hobby Terms and Conditions shall apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree with any of these Terms of Service, Additional Terms and/or My Hobby Terms and Conditions, you shall cease using the Website and the Services immediately.

We reserve the right to amend, change, modify, add or remove portions of these Terms of Service, Additional Terms and/or My Hobby Terms and Conditions at any time. Such changes/amendments could be posted online and shall be effective when posted on the Website with no other notices provided. You are responsible to regularly review information posted on the Website to obtain timely notice of such changes/amendments and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website. If you do not wish to be bound by these amended Terms of Service, Additional Terms and/or My Hobby Terms and Conditions, you shall cease using the Website and the Services immediately. However, your continue use of the Website and/or the Services after the changes/amendments are made will be deemed to constitute acceptance of the amended Terms of Service, Additional Terms and My Hobby Terms and Conditions.

BY USING WEBSITE AND/OR SERVICES, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THESE TERMS OF SERVICE, ADDITIONAL TERMS, MY HOBBY TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE WEBSITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY, YOU MUST OBTAIN PERMISSION FROM YOUR PARENT(S) OR LEGAL GUARDIAN(S) TO USE THE WEBSITE AND SERVICES. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT AND COMPLY WITH THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR THE MINOR’S ACTIONS, ANY CHARGES ASSOCIATED WITH THE MINOR’S USE OF THE WEBSITE AND/OR SERVICES OR PURCHASES MADE ON THE WEBSITE. IF YOU DO NOT HAVE CONSENT FROM YOUR PARENT(S) OR LEGAL GUARDIAN(S), YOU MUST STOP USING/ACCESSING THIS WEBSITE AND/OR SERVICES.

SECTION 1 - INTERPRETATION

In My Hobby Terms and Conditions: 

(a) where the context requires, and the law permits, references to “My Hobby”, “we”, “us”, “our” or “ours” shall include subsidiaries or related companies (as defined under the Malaysian Companies Act 2016) of a corporate entity within My Hobby group of companies; 

(b) references to a statutory provision including any subsidiary legislation made from time to time under that provision;

(c) references to a statute or statutory provision include that statute or provision as from to time modified, re-enacted or consolidated, whether before or after the date of the My Hobby Terms and Conditions, so far as such modification, re-enactment or consolidation applies or is capable of applying to any transaction entered into in accordance with My Hobby Terms and Conditions and (so far as liability thereunder may exist or can arise) shall include also any past statute or statutory provision (as from time to time modified, re-enacted or consolidated) which such statute or provision has directly or indirectly replaced;

(d) unless a contrary indication appears, a reference in My Hobby Terms and Conditions to “including” shall not be construed restrictively but shall mean “including but without prejudice to the generality of the foregoing” and “including, but without limitation”; 

(e) unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa; references to natural persons shall include bodies corporate and vice versa; and words denoting any gender shall include all genders; 

(f) the express “person” means any individual, corporation, partnership, association, limited liability company, trust, governmental or quasi-governmental authority or body or other entity or organisation; and

(g) the headings and titles for each clause are purely for ease of reference and do not form part of or affect the interpretation of My Hobby Terms and Conditions. 

You may not use our Website and/or the Services for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to the copyright laws).
 
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to change, modify, update, suspend or discontinue all or any part of this Website or the Services, for any reason at any time and without notice, or where relevant, upon notice as required by local laws and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website or any part of the Services. We may also impose limits on certain features, restrict or disallow your access to parts of, or the entire, Website or Services in our sole discretion and without notice or liability. 

For the avoidance of doubt, any new features added to or augmenting the Services are also subject to these Terms of Service. 

In addition to the aforesaid, the prices for the products listed on the Website are subject to change without notice at any time and from time to time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Website through which the Services are provided, without express written permission by us.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any use of or reliance on the material on the Website is at your own risk.

The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.

SECTION 5 - PRODUCTS OR SERVICES 

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund and Exchange Policy.

We have made every effort to display the colors and images of our products that appear at the Website as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please view our Refund and Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and bound by the terms of which tools are provided by the relevant third-party provider(s).

SECTION 8 - THIRD-PARTY LINKS

The Website may contain links to third party sites and to resources provided by third parties (“Third-Party Sites”). You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and are not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Platform, links to Third Party Sites should in no way be considered as or interpreted to be our endorsement of such Third-Party Sites or any product or service offered through them.

We have no control over and we assume no responsibility for the content of the Third-Party Sites and we accept no liability for any loss or damage that may arise from your use of them. If you access any of the Third-Party Sites linked to the Website, or use or rely upon the content of such Third-Party Sites, you hereby do so entirely at your own risk. Once you leave our Website, these Terms of Service and the My Hobby Terms and Conditions no longer govern you and you are advised to check the terms and conditions of those websites. You also acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Website, and you accept all responsibility thereof. Your dealings and communications through the Website with any party other than us are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions, ie contest entries or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively known as “the Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium the Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or My Hobby Terms and Conditions.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website, Services or any related website. You may 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 Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information or such other personal data through the Website is governed by our Privacy Policy. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the absolute right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order), at no liability.

We undertake no obligation to update, amend or clarify information on the Website, in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in My Hobby Terms and Conditions, you undertake not to use or permit anyone else to use the Website or the Services: (a) for any unlawful or fraudulent purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services, the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services, the Website or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE AND/OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

WE DO NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR THE SERVICES WILL BE ACCURATE OR RELIABLE.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE AND/OR THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES, WHETHER IN PART OR IN WHOLE, AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE AND/OR THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

YOU AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR COMPUTER, SYSTEM OR OTHER DEVICE FROM WHICH YOU ACCESS THE WEBSITE, INCLUDING THE MAINTENANCE, OPERATION AND PERMITTED USE OF SUCH COMPUTER, SYSTEM OR OTHER DEVICE. YOU SHALL ENSURE THAT ANY COMPUTER, SYSTEM OR OTHER DEVICE FROM WHICH YOU ACCESS AND USE IS PROPERLY MAINTAINED AND FREE FROM ANY DEFECTS, VIRUSES OR ERRORS. IT SHALL BE YOUR RESPONSIBILITY TO ENSURE THAT YOUR COMPUTER IS LOADED WITH THE LATEST ANTI-VIRUS AND ANTI-SPYWARE SOFTWARE AND THAT THE SAID SOFTWARE IS AT ALL TIMES INSTALLED AND UPDATED. 

IN NO CASE SHALL MY HOBBY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE WEBSITE, ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE WEBSITE AND/OR THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE, THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND/OR THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 14 - INDEMNIFICATION

You irrevocably undertake to fully and effectively indemnify, defend and hold harmless My Hobby and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any and all claims, losses (including loss of profit), liabilities, obligations, penalties, fines, costs and expenses (including but not limited to solicitors’ fees on a solicitor and client basis) arising in any way from your use of the Website and/or the Services, and/or such use thereof by any other party using your password to access to your account with us (whether such use is authorised or unauthorised), or having access to the Services and/or to any electronic or telecommunications device thereof at all times whether with or without your consent or any breach or alleged breach or violation by you (or your agents or representatives or persons acting under you) of any part of My Hobby Terms and Conditions or any third party rights including but not limited to violation of any copyright, proprietary or privacy rights. This obligation to indemnify shall continue in full force and effect and shall survive the termination of the Services for any reason whatsoever or the suspension, termination or closure of your account with us. 

SECTION 15 - SEVERABILITY

In the event that any provision of My Hobby Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these My Hobby Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

My Hobby Terms and Conditions are effective unless and until terminated by either you or us. You may terminate this agreement with us at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed to comply with any term or provision of My Hobby Terms and Conditions, we may also disable, suspend or terminate this agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny your access to our Website and/or the Services (or any part thereof).

Notwithstanding anything to the contrary as contained herein, violation of any Terms of Service and/or My Hobby Terms and Conditions may result in a range of actions determined by us in our sole discretion, including but not limited to, any or all of the following: 

(a) termination or suspension of your account, password or benefits/privileges under your account;

(b) imposition of limits on your account and/or benefits/privileges under your account; or 

(c) initiate legal actions, including but not limited to, a claim for damages and/or interim or injunctive relief. 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of My Hobby Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms of Service and My Hobby Terms and Conditions (including any policies or operating rules posted by us on this Website or in respect to the Services) constitute the entire agreement and understanding between you and us and govern your use of the Website and the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the respective set(s) of My Hobby Terms and Conditions).

Any ambiguities in the interpretation of these Terms of Service and My Hobby Terms and Conditions shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and My Hobby Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.

SECTION 19 - CONTACT INFORMATION

Questions about My Hobby Terms and Conditions should be sent to us at enquiry@myhobby.com.my.