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0HOOPS 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:
1. GROUND RULES
Rules for Registration. When you register for an account with us, the following rules apply:
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.
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:
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:
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 policies. You 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.
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.]
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.]
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.
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.
Electronic Communications
Right to Assign, No Waivers, Severability
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. 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
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.” 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.” 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.” 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
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." 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.” 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
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.
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.” 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." 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
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
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
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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:
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:
When interacting with our Sites and Apps, certain data is automatically collected from your device or web browser. This data includes:
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. HOOPS’ Sharing HOOPS shares your personal data with:
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
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.
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:
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. 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. 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.
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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, 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.
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