HOOPS INDONESIA TERMS OF USE

Date of last revision: July 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY HOOPS INDONESIA PLATFORM

Welcome to the HOOPS INDONESIA community! You are reading these Terms because you are using a HOOPS INDONESIA website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of HOOPS INDONESIA's Platform (“Platform”).  You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”.  Your carrier's normal rates and fees apply to your Device.

These Terms create a legally binding agreement between you and HOOPS INDONESIA and its affiliates (which we may refer to as “HOOPS INDONESIA,” “we,” “us,” or “our”) regarding your use of the Platform. Please review our List of Local Entities for the name of the HOOPS INDONESIA entity responsible for providing the Platform to you and the appropriate contact information. A few important points:

  • Our Terms May Change.  Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you.  We may update these Terms from time to time.  If a material change is made, we will post a notice on the Platform or send you a notification.  Read through any changes, and if you don’t agree to them, please stop using the Platform.  If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.  
  • Terms of Sale.  By making any purchase with us, you also agree to the Terms of Sales that apply in your country or region.
  • Privacy Policy.  Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.
  • Important Notice for Amateur Athletes.  You are responsible for ensuring that your participation on the Platform does not affect your eligibility as an amateur athlete.  Please check with your amateur athletic association for the rules that apply to you.  HOOPS INDONESIA is not responsible or liable for your use of the Platform resulting in your ineligibility as an amateur athlete. 

 

1. GROUND RULES

  1.   You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian.  There may be certain age restrictions for specific Platform services in various countries.

Rules for Registration.  When you register for an account with us, the following rules apply:

  • Be True:  Provide accurate and current registration information.
  • Be You:  Keep your registration personal.  Do not register for more than one HOOPS INDONESIA account, register a HOOPS INDONESIA account on behalf of someone else, or transfer your account.
  • Be Secure:  Keep your username, password and other login credentials secure and do not allow anyone else to use your account. 
  • Be Responsible:  Inform HOOPS INDONESIA immediately of any unauthorized use of your HOOPS INDONESIA account.  You are responsible for anything that happens through your HOOPS INDONESIA account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, HOOPS INDONESIA IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.  

2.  OWNERSHIP OF CONTENT

Except for User Content (defined below), all of the content on our Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by HOOPS INDONESIA or others we license Content from, and is protected by copyright, trademark, patent and other laws. HOOPS INDONESIA reserves all rights not expressly described in these Terms.

  • All trademarks, service marks and trade names (e.g., the HOOPS INDONESIA name and the Basketball Logo) are owned, registered and/or licensed by HOOPS INDONESIA.  You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
  • You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
  • To the extent HOOPS INDONESIA approves the download or use of Content comprised of copyrights or copyrightable works, HOOPS INDONESIA grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as HOOPS INDONESIA makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use.  HOOPS INDONESIA reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason.  HOOPS INDONESIA reserves the right to take down any Content in violation of these terms or HOOPS INDONESIA intellectual property rights.  HOOPS INDONESIA allowing you this limited use does not constitute a waiver of any of HOOPS INDONESIA rights to the Content. 
  • Outside of the specific usage rights granted to you by HOOPS INDONESIAin connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without HOOPS INDONESIAprior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

3.  POSTING CONTENT ON THE PLATFORM

User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.”  HOOPS INDONESIA is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to HOOPS INDONEISA as described below:

  • You represent that you have the right to post your User Content, and you grant HOOPS INDONESIA a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. HOOPS INDONESIA may, in its sole discretion, remove any User Content at any time.  [See Argentina, Colombia, and Belgium terms.]  
  • You understand that deleted User Content may persist in HOOPS INDONESIA systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law. 

LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS.  You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to HOOPS INDONESIA a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services. [See Colombia and Belgium terms.]

4.  USER CODE OF CONDUCT

We’re excited to have you contribute to the HOOPS INDONESIA community.  Here are a few basic rules:

  • Be Original.  Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content. 
  • Be Safe. 
    • Do not do anything that may expose HOOPS INDONESIA or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.
    • Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
    • Do not use any data mining, robots, scraping or similar data gathering methods.
    • Unless we indicate otherwise, our Platform is a public place.  Do not post personal information to the Platform - yours or anybody else’s.
    • Be Personal.
      • Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
      • Do not collect or solicit personal information from other Platform users or send unsolicited messages.
      • Do not use automated technology to interact with the Platform.
      • Be Appropriate. Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. HOOPS INDONESIA has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
      • Be Yourself.  Do not impersonate any person or organization, including athletes or HOOPS INDONESIA employees.
      • HAVE FUN!

5.  COPYRIGHT INFRINGEMENT

Please consult your legal advisor before filing a notice with us because there may be penalties for false claims.  HOOPS INDONESIAmay terminate the accounts of Platform users found to infringe third party copyrights.

If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information [See France terms.]:

(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where on the Platform the content that you claim is infringing is located;

(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

6.  PARTNERS ON THE PLATFORM

From time to time, HOOPS INDONESIA may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”).  You may be able to connect with these Third Parties through the Platform, but this does not mean HOOPS endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policiesYou should carefully review any Third Party’s sites and terms of use and privacy policy. HOOPS INDONESIA is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.

7.  IMPORTANT DISCLAIMERS

PHYSICAL ACTIVITY.  [See Canada, Germany and Italy terms, because the following exclusions and limitations may not apply to you.] The Platform may include features that promote physical activity, nutrition or general wellness.  They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes.  

  • Consider the risks involved and consult with your medical professional before engaging in any physical activity. 
  • Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Platform. 
    • TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, HOOPS IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE PLATFORM.

USER INTERACTIONS.  To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions. [See Italy terms.]

  • Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be.  HOOPS is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you. [See Australia, Canada and Germany terms.]  

  • The Platform, Content, and the materials and products on this Platform are provided "AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, HOOPS IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.    
  • HOOPS does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.  
  • To the fullest extent permitted by law, HOOPS disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
  • You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
  • We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.

8.  TERMINATION

HOOPS may terminate or modify any HOOPS Platform, member program, product or service at any time without notice.

HOOPS may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to HOOPS, subject to applicable law.    

  • You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
  • These Terms remain in effect even after your account is terminated or you have stopped using the Platform.

9.  INDEMNIFICATION / LIMITATION OF LIABILITY

We want you to enjoy our Platform, but HOOPS must also protect itself from any damages you may cause.

Indemnification and RELEASE.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you. [See Canada, France and Germany terms.] You agree to indemnify, defend, and hold harmless HOOPS Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “HOOPS Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the HOOPS Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.

LIMITATION OF LIABILITY.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. [See Canada, France and Germany terms.]  NONE OF THE HOOPS INDONESIA PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A HOOPS EVENT OR HOOPS PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF HOOPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST HOOPS IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF HOOPS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, HOOPS' LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.  

10.  APP MARKETPLACES: You acknowledge that this agreement is between you and HOOPS only, and not with the app marketplace where you downloaded a HOOPS app (e.g. for iOS users, the App Store operated by Apple Inc. or for Android users, the Google Play store operated by Google Inc.).   

11.  DISPUTES / ADDITIONAL TERMS

Choice of Law/Jurisdiction

If you live in any of the following countries, different “Choice of Law/Jurisdiction” terms may apply to you: Argentina, Austria, Brazil, Canada, France, Germany, Italy, Poland, Switzerland and all other European countries.

  • You agree that this Platform is a passive platform solely based in Oregon, USA, which does not give rise to personal jurisdiction over HOOPS in jurisdictions other than Oregon.
  • You agree that the Platform, Terms, Privacy Policy and any dispute between you and HOOPS shall be governed in all respects by Oregon law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of HOOPS products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Multnomah County, Oregon, USA.
  • You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Multnomah County, Oregon.
  • All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

Electronic Communications

  • By using the Platform, you agree to receive certain electronic communications from HOOPS, subject to applicable law.
  • You agree that any notice, agreement, disclosure or other communication that HOOPS sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Right to Assign, No Waivers, Severability

  • HOOPS may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms. 
  • HOOPS’ failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or HOOPS’ rights. Users should always assume these Terms apply.
  • If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

Thanks for reading.  Please enjoy our community!

COUNTRY SPECIFIC TERMS  

If you live in one of the following countries these additional terms apply and override any inconsistent terms in the Terms of Use.

ARGENTINA

Section 3 (POSTING CONTENT ON THE PLATFORM): the first bullet point paragraph under sub-section “USER CONTENT LICENSE” is deleted and replaced with the following:

“You grant HOOPS a non-exclusive, transferable, royalty-free, worldwide license to display the User Content that you post on or in connection with the Platform and to share it with other Users, including the right to translate, display, reproduce, modify, create derivative works of, sublicense and distribute the User Content.

For example, we need these rights so we can copy your User Content into our databases, display it in the correct format across our mobile applications, and send your User Content to vendors who perform services on HOOPS’ behalf.”

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is hereby deleted and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

“Choice of Law/Jurisdiction

  • You agree that the Platform, Terms, Privacy Policy and any dispute between you and HOOPS shall be governed in all respects by Argentine law.”

AUSTRALIA

Section 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:

The sub-section titled “WARRANTY DISCALIMER” is modified by adding the following:

“However, the Platform, Content, and the materials and products on this Platform come with certain guarantees that cannot be excluded for the benefit of Australian customers under Australian consumer law (“ACL”), including guarantees as to the acceptable quality and fitness of purpose of products.  Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by the ACL and which by law cannot be excluded, restricted or modified, even if any other term of these Terms would otherwise suggest that this might be the case.”

AUSTRIA

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is replaced with the version for European Countries below,  except the following is added at the end:

“All claims shall be brought within three (3) years after the claim arises.”

BELGIUM

Section 3 (POSTING CONTENT ON THE PLATFORM): this section is modified as follows:

The first bullet point paragraph under the sub-section titled “USER CONTENT LICENSE” is deleted in its entirety and replaced with the following:

“You grant HOOPS a non-exclusive, perpetual (or at least for the duration of the legal protection of the intellectual property rights/image rights which may lie in the User Content), transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial, promotional and operational use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.”

The sub-section titled “LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS” is deleted in its entirety and replaced with the following:

“LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS.  You grant to HOOPS a perpetual (or at least for the duration of the legal protection of the intellectual property rights/image rights which may lie in the comments, feedback and ideas), worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.”

BRAZIL

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted and replaced with the following:

“Choice of Law/Jurisdiction

  • You agree that the Platform, Terms, Privacy Policy and any dispute between you and HOOPS shall be governed in all respects by Brazilian law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of HOOPS products) shall be resolved individually, without resort to any form of class action, and exclusively in Brazil.”

CANADA

Introductory Paragraph:

The section titled “Our Terms May Change” is qualified by the following:

“(a) HOOPS must send to you, at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause and the date of the coming into force of the amendment; and

(b) you may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending HOOPS a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in HOOPS’ obligations.”

MULTIPLE SECTIONS: The terms set forth in the sections titled “Physical Activity”, “Warranty Disclaimer”, “Indemnification/Limitation of Liability”, and “Limitation of Liability” are qualified by the following:

Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Disclaimer, Indemnification/Limitation of Liability, and Limitation of Liability.”

SECTION 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is modified by adding the following at the beginning of the section:

“Consumer protection laws in some jurisdictions, such as Quebec, might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may not allow you to waive your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, the following limitations may not be applicable."

COLOMBIA

Section 3 (POSTING CONTENT ON THE PLATFORM): the sub-section titled “USER CONTENT LICENSE” is modified as follows:

The first bullet point paragraph under USER CONTENT LICENSE is deleted and replaced with the following:

“You grant HOOPS a non-exclusive, indefinite, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.”

Section 3 (POSTING CONTENT ON THE PLATFORM): the sub-section titled “LICENSE TO USE COMMENTS, FEEDACK AND IDEAS”is deleted in its entirety and replaced with the following:

“AUTHORIZATION TO USE COMMENTS, FEEDBACK AND IDEAS.  You grant to HOOPS an indefinite, worldwide authorization to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.”

EUROPEAN COUNTRIES

The following revisions apply to all European countries, except Austria, France, Germany, Italy, Poland and Switzerland, which have other specific revisions to these terms applicable to European Countries.

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

“Choice of Law/Jurisdiction

  • You agree that the Platform, Terms, and any dispute between you and HOOPS shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of HOOPS products) shall be resolved and exclusively in the  competent courts of Amsterdam, the Netherlands.”

FRANCE

Section 5 (COPYRIGHT INFRINGEMENT): the second paragraph in this section is deleted in its entirety and replaced with the following:

“If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:

(1) date of the notification;

(2) if the claimant is a natural person: name, surname, profession, address, nationality, place and date of birth;

(3) if the claimant is a legal person: name, form, registered office and the entity representing it for legal purposes;

(4) name and address of the recipient, or if a legal person, its name and registered office;

(5) a description of the facts at issue and the precise location;

(6) the grounds on which the content should be withdrawn, including relevant legal provisions and justification of facts; and

(7) a copy of the correspondence sent to the author or editor of the litigious information or activity requesting their interruption, withdrawal or modification or an explanation that the author or editor could not be contact.”

Section 9 (INDEMNIFICATION/LIABILITY): this section is modified as follows:

The sub-section titled “Indemnification and Release” is deleted in its entirety and replaced with the following:

“Indemnification.  You agree to indemnify, defend, and hold harmless HOOPS Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “HOOPS Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.”

The sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety.

Section 11 (DISPUTES/ADDITIONAL TERMS): the sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following:  

 “Choice of Law/Jurisdiction

Nothing in this paragraph shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.

  • You agree that the Platform, Terms, and any dispute between you and HOOPS shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of HOOPS products) shall be resolved and exclusively in the  competent courts of Amsterdam, the Netherlands.
  • If you have a complaint, please contact us via privacy@hoopsindonesia.co.id. If you feel your complaint is not adequately addressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr.  In addition, you have the right to initiate a mediation procedure by contacting the mediator (s) as follows: Association des médiateurs européens (197, Boulevard Saint-Germain, 75007 PARIS, téléphone: 09 53 01 02 69), http://www.mediationconso-ame.com/. The mediator(s) will attempt to, independently and impartially, reach an amicable resolution of the dispute.  In case of mediation, each party is free to accept or reject the solution proposed by the mediator.”

GERMANY

Section 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:

The third bullet point in the summary box is deleted in its entirety and replaced with the following:

“HOOPS is not responsible for any damage (except liability for HOOPS’ willful and gross negligent acts and HOOPS’ personal injuries) caused by your interactions with other users.  Please be responsible and take precautions when interacting with people you don’t know.”

The last bullet point paragraph under the sub-section titled “PHYSICAL ACTIVITY” is deleted in its entirety and replaced with the following:

“To the maximum extent allowed by applicable law, HOOPS is not responsible or liable for any damages (except liability for HOOPS’ willful and gross negligent acts and HOOPS’ personal injuries) you may sustain that result from your use of, or inability to use, the Platform.” 

The sub- section titled “WARRANTY DISCLAIMER”, including all of the bullet points therein, is deleted in its entirety.

Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY): this section is modified as follows:

The sub-section titled “INDEMNIFICATION AND RELEASE” is deleted in its entirety.

The sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety and replaced with the following:

LIMITATION OF LIABILITY. Any liability of HOOPS and its affiliates, and their officers, directors, shareholders, employees and agents (the “Released Parties”) is limited to cases of intent or gross negligence. In cases of slight negligence the Released Parties are only liable if an essential contractual duty, whose violation endangers the purpose of the contract or whose performance is required to achieve this purpose and in whose performance the consumer trusts (so called “cardinal duties”) has been violated. In this case, the liability is limited to damages that are typical and foreseeable. This limitation of liability does not apply to claims under product liability law and in the case of bodily harm or death.”

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is replaced with the version for European Countries above, except the following is added at the end:

“All claims shall be brought within two (2) years after the claim arises.”

HUNGARY

Introductory Paragraphs: The second bullet point in the first section above titled “Terms of Sale” is amended by adding the following:

"These Terms constitute an implied agreement between you and HOOPS, unless otherwise meeting the requirements of written agreements under Hungarian Law."

ITALY

Section 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:

The last bullet point paragraph under the sub-section titled “PHYSICAL ACTIVITY” is deleted in its entirety and replaced with the following:

“To the maximum extent allowed by applicable law, HOOPS is not responsible or liable for any damages you may sustain that result from your use of, or inability to use, the features on the Platform, except in the event of fraud or gross negligence by HOOPS.” 

The sub-section titled “USER INTERACTIONS” is deleted in its entirety and replaced with the following:

“USER INTERACTIONS.  We are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions, except in the event of fraud or gross negligence by HOOPS. 

Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be. HOOPS is under no obligation to become involved with any user dispute (but may do so at its own discretion) except in the event of fraud or gross negligence by HOOPS.”

Section 11 (DISPUTES/ADDITIONAL TERMS): the sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

“Choice of Law/Jurisdiction

  • You agree that the Platform, Terms, and any dispute between you and HOOPS shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods, subject to any statutory provisions of applicable law which may apply regardless of any different choice of law.
  • Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of HOOPS products) shall be resolved and exclusively in the court of the place where you are resident or domiciled.”

Poland

Section 11 (DISPUTES/ADDITIONAL TERMS):  the sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

 “Choice of Law/Jurisdiction

  • The Platform, Terms, and any dispute between you and HOOPS shall be governed in all respects by Polish law.
  • All disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of HOOPS products) shall be resolved in the courts competent under applicable law.”

SWITZERLAND

Section 11 (DISPUTES/ADDITIONAL TERMS): the sub- section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

“CHOICE OF LAW/JURISDICTION

  • You agree that the Platform, Terms, and any dispute between you and HOOPS shall be governed in all respects by the substantive laws of Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • You agree that all disputes arising directly or indirectly out of or in connection with the Platform and these Terms of Use, shall be subject to the exclusive jurisdiction of the competent courts of the city of Zurich, Switzerland.”

 


HOOPS INDONESIA PRIVACY POLICY

Effective Date: May 18, 2018

This privacy policy describes the personal data collected or processed when you use Hoops’ Websites (“Sites”) and mobile applications (“Apps”). It also explains how your personal data is used, shared and protected, what choices you have relating to your personal data, and how you can contact us.

WHO is Responsible for the Processing of Your Personal Data?

HOOPS, Inc. (referred to as " HOOPS ", “our”, "we" or “us” in this privacy policy)

WHAT Personal Data Do We Collect and WHEN?

We ask you for certain personal data to provide you with the products or services you request. For example, when you make purchases, contact our consumer services, request to receive communications, create an account, participate in our events or contests, or use our Sites or Apps. 

This personal data includes your:

    • contact details including name, email, telephone number and shipping, billing address;
    • login and account information, including screen name, password and unique user ID;
    • personal details including gender, hometown, date of birth and purchase history;
    • payment or credit card information;
    • images, photos and videos;
    • data on physical characteristics, including weight, height, and body measurements (such as estimated stride and shoe/foot measurements or apparel size);
    • fitness activity data provided by you or generated through our Sites or Apps (time, duration, distance, location, calorie count, pace/stride); or
    • personal preferences including your wish list as well as marketing preferences.

We collect additional personal data from you to enable particular features within our Sites and Apps.  For example, we request access to your phone’s location data to log your run route, your contacts to allow you to interact with your friends, your calendar to schedule a training plan or your social network credentials to post content from an App to a social network.  This personal data includes your:

    • movement data from your device’s accelerometer;
    • photos, contacts and calendar information;
    • sensor data, including heart rate and (GPS) location data; or
    • social network information, including credentials and any information from your public posts about HOOPS or your communications with us.

When interacting with our Sites and Apps, certain data is automatically collected from your device or web browser.  This data includes:

    • Device IDs, call state, network access, storage information and battery information; and
    • Cookies, IP addresses, referrer headers, data identifying your web browser and version, and web beacons and tags.

KIDS

We do not knowingly collect personal information online from children under the age of 13. 

TOOLS to Manage What Personal Data We Collect

When using our Apps and Sites, we also provide in-time notice or obtain consent for certain practices. For example, we will obtain consent to use your location or send push notifications. We may obtain this consent through the Apps or Sites or using the standard permissions available on your device.

In many cases, your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of personal data.  For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing.  We encourage you to familiarize yourself with and use the tools available on your devices.   

At this time, we do not respond to “do not track” signals sent by web browsers.

WHY and HOW Do We Use Your Personal Data?

We use your personal data in the following ways:

       To Provide the Features of the Sites, Apps, and Services You Request 

When you use our Sites and Apps, we will use your personal data to provide the requested product or service.  For example, if you make a purchase on HOOPS.com, or participate in an event or promotion, we will use the contact information you give us to communicate with you about the purchase, event or promotion. If you contact our consumer services, we will use information about you, such as delivery or payment information, or the product you have purchased to help you resolve a problem or question. 

If you use our Apps to track your fitness activity or physical characteristics, we will collect this personal data and store it so that you can review it in the App.  Your fitness activity data may include data you enter about your activity or data collected by your device during your activity such as location data and movement data.  We may use this activity data to calculate further information about your activity, such as distance run, or calories burned, so that the calculated information can be provided to you as part of the functionality of the App. 

In many cases, to use particular features within our Sites and Apps you may need to provide HOOPS with additional data or additional consent to use particular data in a certain way.  For example, to use the heart rate tracking features of our Apps, you may need to connect to a heart rate monitoring device. Similarly, to share content on social media, you may be required to provide your social media account credentials to sign in.

To Communicate Information about our Products, Services, Events and for Other Promotional Purposes

If you are an existing customer of HOOPS (for example, if you have placed an order with us), we may use the contact details you provided to send you marketing communications about similar HOOPS products or services, where permitted by applicable law (unless you have opted-out). In other cases, we ask for your consent to send you marketing information.

We may use the information that you provide to us as well as information from other HOOPS products or services - such as your use of HOOPS’ Sites and Apps, your visits to or purchases made in HOOPS stores, your participation in HOOPS events and contests (possibly through other HOOPS affiliates) - to personalize communications and advertisements regarding our products and services that may be of interest to you.  For registered users, this may include data collected from your interactions with our Sites and our Apps that are associated with your account across devices.

To Operate, Improve and Maintain our Business, Products and Services 

We use the personal data you provide to us to operate our business.  For example, when you make a purchase, we use that information for accounting, audits and other internal functions.  We may use personal data about how you use our products and services to enhance your user experience and to help us diagnose technical and service problems and administer our Sites and Apps. 

To Protect Our or Others' Rights, Property or Safety 

We may also use personal data about how you use our Sites and Apps to prevent, detect, or investigate fraud, abuse, illegal use, violations of our Terms of Use, and to comply with court orders, governmental requests or applicable law. 

For General Research and Analysis Purposes 

We use data about how our visitors use our Sites, Apps and services to understand customer behavior or preferences.  For example, we may use information about how visitors to HOOPS.com search for and find products to better understand the best ways to organize and present product offerings in our storefront. 

Use of Workout Info                                                                                                     

As discussed above, HOOPS collects data about your fitness activity or your physical characteristics, together, “Workout Info”, to provide our Apps and other services.  Because of the personal nature of this data, we strive to provide you with clear information about how Workout Info will be used.  As this data may be considered sensitive in certain jurisdictions, we take appropriate measures in protecting and using this data and, where required by applicable law or under HOOPS’ internal policies, will obtain your consent for use of your Workout Info.  Click here FAQ on Workout Info to learn more.

Other Purposes

We may also use your personal data in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.

SHARING of Your Personal Data

HOOPS’ Sharing

HOOPS shares your personal data with:

    • HOOPS entities for the purposes and under the conditions outlined above 
    • Third party service providers processing personal data on HOOPS’ behalf, for example to process credit cards and payments, shipping and deliveries, host, manage and service our data, distribute emails, research and analysis, advertising, analytics, manage brand and product promotions as well as administering certain services and features. 
    • Other third parties to the extent necessary to: (i) comply with a government request, a court order or applicable law; (ii) prevent illegal uses of our Sites and Apps or violations of our Sites’ and the Apps’ Terms of Use and our policies; (iii) defend ourselves against third party claims; and (iv) assist in fraud prevention or investigation (e.g., counterfeiting). 
    • To any other third party where you have provided your consent.

We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation).

Your Sharing

When you use certain social features on our Sites or Apps, you can create a public profile that may include information such as your screen name, profile picture and hometown.  You can also share content with your friends or the public, including information about your HOOPS activity.  We encourage you to use the tools we provide for managing HOOPS’ social sharing to control what information you make available through HOOPS’ social features.

PROTECTION and MANAGEMENT of your Personal Data

    • Encryption & Security: We use a variety of technical, administrative, and organizational security measures, including encryption and authentication tools in certain circumstances, to maintain the safety of your personal data. 

Despite our efforts, no website, mobile application, database or system is completely secure or “hacker proof.” You can help keep your data safe by taking reasonable steps to protect your personal information against unauthorized disclosure or misuse. 

    • Retention of your personal data: We retain your personal data for as long as necessary to fulfil the purposes described in this policy, unless otherwise required by law.  For example, we keep your account profile information for as long as you keep your HOOPS account, but, we may keep your order history longer to comply with legal obligations.  Click here to learn more. 
    • Managing your personal data:  You may have the right to request: (i) access to your personal data; (ii) an electronic copy of your personal data (portability); (iii) correction of your personal data if it is incomplete or inaccurate; or (iii) deletion or restriction of your personal data in certain circumstances provided by applicable law. Where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time. If you have a request regarding your personal data that cannot be fulfilled from your account settings, please contact us.  Contact details can be found in the “Question and Feedback” section below.  
    • Managing your content:  You can request removal of your posted User Generated Content on the Site or App, but please note that removal may not encompass all possible locations, for example, back-ups or sharing by other users initiated prior to removal. 
    • Managing your notifications: If you have a HOOPS account, you can opt-out of receiving HOOPS’ marketing communications by modifying the preferences in your account settings.  Alternatively, you can opt-out by following the opt-out or unsubscribe instructions in the message or by contacting us. Contact details are in the “Questions and Feedback” section below.

COOKIES and Pixel Tags

HOOPS collects information, which may include personal data, from your browser when you use our Sites. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (i) IP-address; (ii) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type and language, (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about your interaction with our Sites such as click behavior, purchases and indicated preferences; and (ix) access times and referring URLs.  

Third parties may also collect information via Sites through cookies, third party plug-ins and widgets. These third parties collect data directly from your web browser and the processing of this data is subject to their own privacy policies.

We use cookies and pixel tags to track usage of the Sites and to understand our customers’ preferences (such as country and language choices). This enables us to provide services to our customers and improve their online experience. We also use cookies and pixel tags to obtain aggregate data about site traffic and site interaction, to identify trends and obtain statistics so that we can improve our Sites. There are generally three categories of cookies used on our Sites:

    • Functional: These cookies are required for basic site functionality and are therefore always enabled. These include cookies that allow you to be remembered as you explore our Sites within a single session or, if you request, from session to session. They help make the shopping cart and checkout process possible as well as assist in security issues and conforming to regulations.
    • Performance: These cookies allow us to improve our Sites’ functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request and allow us to remember site preferences you have selected. Refusing these cookies may result in poorly-tailored recommendations and slow site performance.
    • Social media and Advertising: Social media cookies offer the possibility to connect you to your social networks and share content from our Sites through social media.  Advertising cookies (of third parties) collect information to help better tailor advertising to your interests, both within and beyond our Sites. In some cases, these cookies involve the processing of your personal data. Refusing these cookies may result in seeing advertising that is not as relevant to you or you not being able to link effectively with Facebook, Twitter, or other social networks and/or not allowing you to share content on social media.

Your browser can help you manage cookies.  You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings on each browser and device that you use. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you may not have access to many features that make our Sites and Apps more efficient and some of our services will not function properly.  There are also general resources for opting out of interest based advertising available on the websites of the Network Advertising Initiative and the Digital Advertising Alliance.

Similarly, you can adjust your advertising preferences on your mobile device at the device level.  For example, to adjust your advertising preferences in iOS, visit Settings > Privacy > Advertising > Limit Ad Tracking. To adjust your advertising preferences in Android, visit Settings > Google > Ads > Opt out of interest-based ads.  

USING HOOPS Sites and Apps with Third-Party Products and Services

Our Sites and Apps allow you to interact with a wide variety of other digital products and services.  For example, our Sites and Apps can integrate with third-party devices for activity tracking, social networks, music streaming services and other digital services. 

If you choose to connect your HOOPS account with a third-party device or account, your privacy rights on third-party platforms will be governed by their respective policies.  For example, if you choose to share your HOOPS activity on third-party social media platforms, the policies of those platforms govern the data that resides there. 

Our Sites and Apps may provide links to other (third-party) websites and apps for your convenience or information. Linked sites and apps have their own privacy notices or policies, which we strongly encourage you to review. To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.

CHANGES to Our Privacy Policy

Applicable law and our practices change over time. If we decide to update our privacy policy, we will post the changes on our Sites and Apps. If we materially change the way in which we process your personal data, we will provide you with prior notice, or where legally required, request your consent prior to implementing such changes. We strongly encourage you to read our privacy policy and keep yourself informed of our practices.

QUESTIONS and Feedback

We welcome questions, comments, and concerns about our privacy policy and privacy practices.

If you wish to provide feedback or if you have questions or concerns, or wish to exercise your rights related to your personal data, please contact Consumer Services or our Privacy Office at: Privacy Office, 1 One Bowerman Dr., Beaverton, OR 97005, USA

You may also send us an email at privacy@hoopsindonesia.co.id or click here.

If you contact us with a privacy complaint it will be assessed with the aim of resolving the issue in a timely and effective manner.

 

 


HOOPS INDONESIA TERM OF DELIVERY

Please read these Delivery Terms carefully before ordering products from the HOOPS webshop. By ordering products from the HOOPS webshop you agree to be bound by these Delivery Terms. If you do not agree with any of these Delivery Terms, do not use the HOOPS webshop.

HOOPS

Your contracting partner is PT. Javafootwear Sportindo, Jl. Surapati no. 61, Kelurahan Sadang Serang, Kecamatan  Coblong, Bandung, 40133, West Java, Indonesia.

When do these Delivery Terms apply?

These Delivery Terms apply to all offers and agreements relating to the sale and delivery of products by HOOPS. When you order anything at our HOOPS website (www. Hoopsindonesia.co.id) or any web page directly connected to our website (Website) or accept an offer from HOOPS, your agreement to the Delivery Terms in the course of the order process constitutes your acceptance of the applicability of these Delivery Terms. It is only possible to deviate from these Delivery Terms if agreed in writing by HOOPS.

Our offer and prices

The offers on our Website are without obligation and do not bind HOOPS. HOOPS is likewise not bound by manifest clerical errors and mistakes in promotional descriptions and other statements in the offer and on our Website. Minor colour and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. HOOPS is not liable for these variations and deviations.

The stated prices include Australian Goods and Services Tax (GST). Prices are quoted in Australian dollars. HOOPS reserves the right to make price and product changes prior to an order placed by you. HOOPS reserves the right to change, limit or terminate any special offers or discounts at any time.

HOOPS charges shipping costs. The shipping costs vary for each product and are further detailed under the heading ‘Shipping’ on our Website. These costs will, if applicable, be charged separately and specified and added up with the total amount of the order.

If the order is processed via an Internet terminal in an HOOPS Retail Store, HOOPS will pay any shipping costs, any customs duties and clearance charges.

How is a contract concluded with you?

You can only order on our Website if you are a consumer, not a reseller. You have to be 14 years of age or older to buy products via our Website.

Orders you place via the Website for the products offered by HOOPS through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation by HOOPS of the order per e-mail to you. Until you have received this confirmation, you can still cancel the order.

You warrant that the information you provide to HOOPS in the request or order is accurate and complete. HOOPS is never obliged to accept an order. HOOPS is entitled at all times to verify an order in advance or to refuse an order without providing reasons. If HOOPS does not confirm your order within ten working days, it is deemed to have been refused.

Delivery

HOOPS will deliver to the address indicated by you within Australia. HOOPS can only deliver to a delivery address which is a home or office address. We cannot deliver to PO boxes or Parcel Lockers. Deliveries will be done on business days, not being a public holiday.

HOOPS is entitled, insofar as reasonably possible, to make split deliveries so that you receive the ordered products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that HOOPS deliver the order in parts, HOOPS may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If HOOPS is late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.

Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation. HOOPS must first be served with a notice of default.

Options in case of delivery problems

If HOOPS discovers prior to entering into the sales contract that it can no longer deliver the ordered products, HOOPS may offer you an equivalent product in terms of quality, price and function. You are not obliged to accept the replacement product. You may return it, if you so wish, in accordance with the right of return outlined below.

If HOOPS discovers after entering into the sales contract that HOOPS can no longer deliver the ordered products and is not responsible for this situation, HOOPS will be entitled to terminate the sales contract. HOOPS will, of course, inform you immediately and reimburse any payments made.

Methods of payment

Please check our Website for information on available payment methods. HOOPS conducts an individual credit check for each purchase in conformity with the HOOPS Privacy Policy. Depending on the results of this check, HOOPS reserves the right to refuse certain methods of payment, cancel orders or terminate the sales contract.

Information on returns

Right of return (change of mind returns policy): Subject to the provisions of these Delivery Terms, you may return the products received without specifying any reasons within 30 days of receipt. The 30-day period commences on the day of receipt of the ordered products. Only products that are not suitable for dispatch by parcel (e.g. in the case of bulky goods) may be returned by submitting a written request for the products to be taken back. The timely dispatch of the products or the request to take back the products will suffice for compliance with the right of return deadline. The return of products is at HOOPS’ expense and risk. The right to return product only applies if the products are unused and complete in their original condition including their original packaging insofar as reasonably possible.

To activate a return under this policy please visit www.parcelpoint.com.au/ HOOPS to book your return. In the event of a valid return in accordance with these Delivery Terms, HOOPS will reimburse the purchase price received from you within fourteen days of receipt of the product or revocation of the sales contract.

If a product is returned that HOOPS believes has been damaged because of an act or omission for which you are to blame, or which is otherwise for your expense and risk, HOOPS will be entitled to deduct the decrease in value of the product as a result of this damage from the amount to be repaid to you. You can avoid the obligation to compensate the decrease in value of a product caused by use by not using the product and by refraining (as far as reasonably possible) from any actions that could negatively affect its value.

The above right of return applies in addition to, and does not affect, your rights under the consumer guarantees which apply under the Australian Consumer Law.

Warranties and Liability

To the extent permitted by law, HOOPS excludes all conditions, warranties and guarantees (whether express or implied by or arising under statute, common law, equity, trade custom or usage or otherwise), and makes no representations, relating to the products ordered by you, including warranties or guarantees of acceptable quality, merchantability and fitness for purpose. Nothing in these Delivery Terms excludes, limits or modifies any conditions, warranties or guarantees implied by or arising under statute which cannot lawfully be excluded.

Where conditions, warranties or guarantees implied by or otherwise arising under law cannot be lawfully excluded, then to the extent permitted by law, HOOPS ' liability for a breach of any such condition, warranty or guarantee is limited, at its option, to the replacement or repair of the products, the supply of equivalent products or the cost of replacing or repairing the products or of acquiring equivalent products. Otherwise, to the maximum extent permitted by law, HOOPS and its officers, employees, agents and representatives will not be liable for any loss or damage (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly from or in connection with these Delivery Terms, the Website or any orders you place via the Website.

The limitations and exclusions set out in this section do not apply to any liability of HOOPS for wilful misconduct, fraud or gross negligence (being negligence involving a deliberate or reckless disregard or a risk which would be apparent to a reasonable person in the same circumstances).

What can you do if you are not satisfied?

You may send written complaints concerning the conclusion of the sales contract or its performance to the following address:

HOOPS Indonesia Customer Service,
Jl. Surapati no. 61

Bandung

West Java

40133

Indonesia 

If you wish to make a verbal complaint concerning the conclusion of the sales contract or its performance, you may contact the number (+62) 0811220187

Retention of title

The delivered products will remain the property of HOOPS until you have paid all amounts owing under any agreement to us in full, including the payment of costs, even of earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber products before ownership thereof has passed to you.

Applicable law

These Delivery Terms are governed by the laws of Indonesia, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria.

Maintenance of products

HOOPS draws your attention to the washing and maintenance instructions printed on the labels of the products. HOOPS is not liable for any damage resulting from the incorrect handling of products, including handling contrary to the instructions.

Information about batteries

Some of the products sold by HOOPS contain batteries.

Batteries and rechargeable batteries that contain hazardous substances are clearly identified by the symbol of a crossed-out dustbin. The chemical designations of the corresponding hazardous substances may be indicated under the symbol of the crossed-out dustbin. Examples include (Pb) lead, (Cd) cadmium and (Hg) mercury.

Old batteries and rechargeable batteries may not be disposed of with normal household waste. These can be handed over free of charge to a community point of collection or a shop. You may also return purchased batteries and rechargeable batteries (without devices) to us after use. Please ensure that you have paid adequate postage.