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Terms Of Use

Welcome to the Kova Sports website, owned and operated by K Elements Sdn Bhd a company registered in Malaysia. The Terms and Conditions listed below spell out your rights and obligations in connection with the use of the Kova Sports website, www.kovasports.com. Kova Sports provides the content and services available on www.kovasports.com to you subject to the following terms and conditions (“Terms and Conditions”). By accessing or purchasing from www.kovasports.com, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, which include our Privacy Policy.  

Privacy
Please review our Privacy Policy, which also governs your visit to the Kova Sports website, so that you may understand our privacy practices.

Purchase Related Policies
The products and services available on the Kova Sports website, www.kovasports.com, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof; you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

Accuracy of Information
We attempt to be as accurate as possible when describing our products on www.kovasports.com; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on www.kovasports.com are accurate, complete, reliable, current, or error-free. Additional information provided on this site is for educational and informational purposes only. Kova Sports does not take responsibility for any consequence relating directly or indirectly to any information, recommendations, treatment, procedure, action or application of medicine by any person using the present site. The information contained here is offered without any warranty and it is not liable for its accuracy, mistakes, or for any damage caused by user’s reliance on information obtained from www.kovasports.com.

Shipping and Delivery
While we strive to deliver within the time frame of 2-3 working days for standard orders, Kova Sports is unable to guarantee specific delivery time slots. Please note that no compensation will be provided for not delivering within the preferred delivery time stipulated. Estimated delivery hours are between 9am – 6pm daily, excluding Sundays and public holidays.

Amending your order
If you wish to change any details regarding your order, kindly email hello@kovasports.com.my. Please note that any changes to your order (delivery address, gift message) must be made at least within 2 hours after an order is placed to ensure that we have sufficient time to amend the order prior to preparation and delivery. Unfortunately Kova Sports cannot guarantee to accept changes made to your order after that time, therefore please make sure that all the details of your recipient address are correct before you place your order.

Returns and Exchanges
Please refer to our FAQ section for the most updated policy.

Intellectual Property
All content available on www.kovasports.com, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the “Content”) are the property of Kova Sports, our affiliates, partners or licensors, and are protected by international copyright laws. The trademarks, logos, and service marks displayed on www.kovasports.com (collectively, the “Trademarks”) are the registered and unregistered marks of Kova Sports, our affiliates, partners or licensors, in Malaysia and in other countries, and are protected by international trademark laws. Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content or Trademarks nor any portion of www.kovasports.com may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of www.kovasports.com. This limited license does not include the right to:

frame or utilize framing techniques to enclose www.kovasports.comor any portion thereof;

modify or download www.kovasports.com or Content (except caching or as necessary to view www.kovasports.com);

make any use of www.kovasports.com or Content other than personal use;

create any derivative work based upon either www.kovasports.com or Content;

collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other “hidden text” utilizing our name or the Trademarks or to otherwise use the Trademarks; or

use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of www.kovasports.com for personal, non-commercial use only.A website that links to the Kova Sports website, www.kovasports.com:

may link to, but not replicate, our Content;

may not imply that we are endorsing such website or its services or products;

may not misrepresent its relationship with us;

may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages;

may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;

may not use any Trademark; and

may not link to any page of www.kovasports.com other than the home page. We may, in our sole discretion, request that you remove any link to www.kovasports.com, and upon receipt of such request, you shall immediately remove such link.Any unauthorized use by you of www.kovasports.com terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

Your Obligations and ResponsibilitiesIn the access or use of www.kovasports.com, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on www.kovasports.com. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to www.kovasports.com or any Content or services that may appear on this website and may not impair in any way the integrity or operation of www.kovasports.com. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Kova Sports, our affiliates, partners or licensors.

Your Account

You may choose to register at www.kovasports.com. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Kova Sports’s best interests to do so.

Third Party Links

We are not responsible for the content of any off-website pages or any other websites linked to or from www.kovasports.com. Links appearing on www.kovasports.com are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from www.kovasports.com, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy by transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission

Representations and Warranties; Limitation of Liability

The Kova Sports website, www.kovasports.com is presented “as is.” We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or www.kovasports.com, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any

interruption of business;

access delays or access interruptions to www.kovasports.com;

data non-delivery, misdelivery, corruption, destruction or other modification;

loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on www.kovasports.com;

computer viruses, system failures or malfunctions which may occur in connection with your use of www.kovasports.com, including during hyperlink to or from third party websites

any inaccuracies or omissions in content or

events beyond our reasonable control.further, to the fullest extent permitted by law, we will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to www.kovasports.com regardless of the form of action whether in contract, tort or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed One Hundred Malaysian Ringgit (RM100.00).

Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of www.kovasports.com. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Disputes

With respect to any dispute regarding www.kovasports.com, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Selangor, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Selangor. Any dispute relating in any way to your visit to www.kovasports.comshall be submitted to confidential arbitration in Selangor, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the Malaysian Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

General

You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of www.kovasports.com, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on www.kovasports.com.Any changes are effective immediately upon posting to www.kovasports.com. Your continued use of www.kovasports.com constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of www.kovasports.com.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. If you have any questions regarding these Terms and Conditions, please write to us at hello@kovasports.com.my.

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