Welcome to the GoGolf.my website. Malaysian Golf Association (“MGA”) is the owner of the GoGolf Program as defined below. MGA owns the trademark and the intellectual property of “GoGolf”.
AMPHIBIA LABS (M) SDN BHD (Company no. 680676-H), is a company incorporated in Malaysia and having its registered address at F-06-02, Block F, Plaza Kelana Jaya, Jalan SS7 / 13A, Kelana Jaya, 47301 Petaling Jaya, Selangor Darul Ehsan (“AMPHIBA”) of the other part. AMPHIBIA is a company which specializes in Online Content and Commerce Marketing Platforms. This online platform of www.GoGolf.com.my is set up and maintained by AMPHIBIA.
ALBATROZZ SDN BHD (Company No. 1128301-H), a company incorporated in Malaysia under the Companies Act, 1965 and having its business address at No. 31-3, Jalan Selatan 3, Metro Centre, Bandar Tasik Selatan, 57000 Kuala Lumpur (“ALBATROZZ”) of the other part. ALBATROZZ is an Information Technology Solutions Provider specializing in recruitment processing, online bookings, payment gateways, development of web portals, golf handicapping systems and golf related mobile applications. ALBATROZZ is authorized to operate and manage insurance payment gateway in relation to the GoGolf program and through this secure online web-portal.
GHL ePayments Sdn Bhd (Company No. 1040427-M), a company incorporated in Malaysia, having its principal place of business at C-G-15, Block C, Jalan Dataran SD1, Dataran SD, PJU 9, Bandar Sri Damansara, 52200 Kuala Lumpur (“eGHL”). eGHL is responsible for processing the payments made by way of Visa International Inc, MasterCard International Inc, JCB International Co. Ltd and any other card associations as may be specified from time to time inclusive of FPX.
All credit card or debit card payments that you make through the site will be processed by our payment service provider, Bank Simpanan Nasional (“BSN”) of Wisma BSN, 117, Jalan Ampang, 50450 Kuala Lumpur and/or eGHL.
By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site without further notice. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
USE OF THE SITE
You are granted non-transferable and revocable license to use the Site for the purposes of subscribing to the services available on the Site. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted without notice to you.
Content provided on this site is solely for informational purposes. The Service representations expressed (unless expressly stated to be ours) on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "the Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions. You shall be responsible for all your postings comments or reviews and shall indemnify and hold us harmless against any claim(s) or damage against or sustained by us as a result of your direct or indirect postings comments or reviews or any part thereof.
ORDER ACCEPTANCE AND PRICING
There are cases when a booking or purchase cannot be processed for various reasons. The Site reserves the right to refuse or cancel any booking(s) or purchase(s) for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the booking or purchase.
We are determined to provide the most accurate information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any booking or purchase. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your booking or purchase and notify you of such cancellation. We shall have the right to refuse or cancel any such booking or purchase whether or not the booking or purchase has been confirmed and your credit card or bank account charged.
Prices of Items and services provided by Gogolf will include GST where applicable.
Please refer to the GST Act 2014 published in the gazette on 19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is under the jurisdiction of the Royal Malaysian Customs Department (“Customs Department”).
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Rocket Internet Malaysia (950035-M), in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
1.1 In these Conditions:
"Subscriber" means the person who accepts a quotation or offer for the sale and supply of Items or Services or who otherwise enters into a contract through this Site; "Conditions" mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Subscriber and the Site; "Contract" means the contract for the purchase and provision of Services formed or concluded through this Site and howsoever concluded based on the terms and conditions of this Site and the other terms and conditions entered between Subscriber and the Merchant/Service Provider; “Merchant/Service Provider” means the supplier and seller of products, goods and services including but not limited to golf clubs, BSN, Zurich Insurance Malaysia Berhad (“ZIMB”), Finexus Cards Sdn Bhd (“Finexus”), retail and/or wholesale outlets and other authorised entities that trade through the Site. "Service" means the service(s) or product(s) which the Site is to arrange in accordance with all of its terms and conditions; "Writing" includes electronic mail facsimile transmission and any comparable means of communication. “GoGolf” means GoGolf Program in relation to MGA’s Associate Membership Recruitment which is intended to achieve, amongst others, a stronger brand presence and awareness of the Sport of Golf in Malaysia, to create more value for the golf industry for the Members of MGA and State level stakeholders, to transform and grow the new and next generation of golfers and to attract non-golfers to participate in both golfing and non-golfing related activities that are offered through the Site. “Site” shall mean the www.GoGolf.com.my and the operators and managers of the said website namely ALBATROZZ and AMPHIBIA.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
2.0 Basis of the Contract
2.1 The supply of Services by the Site to the Subscriber under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Subscriber or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
2.2 Any information made available in the Site’s website connection with the supply of services, including the weather, ground and venue conditions, photographs, drawings, data, performance, dimensions, operating costs, are not binding and is only intended for information purposes only. In entering into the Contract the Subscriber acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
2.3 No variation to these Conditions shall be binding unless agreed in writing between the Subscriber and the Site.
2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by the Site in its website shall be subject to correction without any liability on the part of Site owners or operators.
2.5 The Site may provide the Subscriber with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.
3.0 Bookings and Specifications
3.1 Booking or purchase acceptance and completion of the contract between the Subscriber and the Site will only be completed upon the Site issuing a confirmation of such booking or purchase to the Subscriber. For the avoidance of doubt, the Site shall be entitled to refuse or cancel any booking or purchase without giving any reasons for the same to the Subscriber prior to issue of the confirmation of such booking or purchase. The Site shall furthermore be entitled to require the Subscriber to furnish the Site with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of such booking or purchase.
3.2 No concluded Contract may be modified or cancelled by the Subscriber except with the agreement in writing of the Site and on terms that the Subscriber shall indemnify the Site in full against all loss (including loss of profit) costs damages charges and expenses incurred by the Site as a result of the modification or cancellation, as the case may be.
The price of the Service shall be the price as stated in the Site’s website at the time which the Subscriber makes its offer to book or purchase to the Site. The price excludes the cost of any applicable goods and services tax, value added tax or similar tax which the Subscriber shall be liable to pay to the Site in addition to the price.
5.0 Terms of Payment
5.1 The Subscriber shall be liable to make payment immediately to the Site upon issuance of a confirmation of such booking or purchase to the Subscriber. The Subscriber shall be entitled to make payment for the Services pursuant to the various payment methods set out in the Site’s website. The terms and conditions applicable to each type of payment, as contained in the Site's website, shall be applicable to the Contract.
5.2 In addition to any additional terms contained in the Site’s website, the following terms shall also apply to the following types of payment:
5.2.1 Credit Card
Credit Card payment option is available for all Subscribers. The Site accepts all Visa and MasterCards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All of your credit card information is protected.
Please take note that additional charges may be incurred if you are using a non-Malaysian issued card due to Foreign Exchange differences.
5.2.2 Debit Cards
The Site accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected.
5.2.3 Online Banking
i. By choosing this payment method, the Subscriber shall transfer the payment for the Service to the Site’s account for the total amount of the Subscriber’s purchase (including any applicable taxes). The transaction must be payable in Ringgit Malaysia. The Site, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
ii. For the time being, the Site accepts online bank transfers from Bank Simpanan Nasional, AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank and RHB.
5.3 If the Subscriber fails to make any payment pursuant to the terms and conditions of the payment method elected, then without prejudice to any other right or remedy available to the Site, the Site shall be entitled to:
5.3.1 cancel the Contract or suspend performance of the Service until payment is made in full; and/or
5.3.2 charge the Subscriber interest (both before and after any judgement) on the amount unpaid at the rate of one per cent (1.0%) per month until payment is made in full (a part of a month being treated as a full month for the purposes of calculating interest).
6.1 Delivery of the Service shall be made at the time and venue specified by the Subscriber in its booking or purchase.
6.2 The Site has the right at any time to sub-contract all or any of its obligations for the performance of the service to any other party as it may from time to time decide without giving notice of the same to the Subscriber.
6.3 Any dates quoted for delivery of the service are approximate only. The time for delivery/performance shall not be of the essence, and the Site shall not be liable for any delay in delivery or performance howsoever caused.
6.4 If the Merchant/Service Provider has failed to deliver or perform the supply and/or service in accordance with the Contract entered between the Sucbriber and the Merchant/Service Provider, the Subscriber shall be entitled to the remedies as prescribed in the individual contracts entered between the Subscriber and the Merchant/Service Provider. For avoidance of doubts, the Site shall not be liable for any kind of loss and damages suffered directly or indirectly by the Subscriber or any party as a result of payments made through the Site.
6.5 If the Subscriber fails to take delivery of the Service then without prejudice to any other right or remedy available to the Site and/or the Merchant/Service Provider, the Site and/or the Merchant/Service Provider may allocate the Service to other Subscribers orterminate the Contract and claim damages in accordance with the terms and conditions stipulated in the individual contracts entered between the Subscriber and the Merchant/Service Provider.
7.0 Warranties and Remedies
7.1 Subject to this Condition 7, the Site warrants that the Services will correspond with their specification at the time of delivery, and the Merchant/Service Provider agrees to remedy any non-conformity therein as stipulated in the individual contracts entered between the Subscriber and the Merchant/Service Provider
(a) the Site shall be under no liability for the measures and actions taken by the Subscriber or third parties including the Merchant/Service Provider and the consequences thereof due to misconduct, alteration of the Service, addition and insertion of other activities, in particular of activities which do not form part of the service through the Site.
(b) the Site is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by the Subscriber and/or the Merchant/Service Provider during the performance of the contract and the Subscriber and/or the Merchant/Service Provider shall indemnify the Site against each loss liability and cost arising out of such claims.
(c) the Subscriber shall be bound by all the terms and conditions stipulated by third parties related to the Site for instance the terms and conditions set out by the Merchant/Service Provider.
8.0 Force Majeure
8.1 the Site shall not be liable to the Subscriber or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Site's obligations if the delay or failure was due to any cause beyond the Site's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the Site's reasonable control:
8.1.1 Act of God, explosion, flood, tempest, fire or accident;
8.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
8.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary local authority or participating golf club;
8.1.4 import or export regulations or embargoes;
8.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of the Site or of a third party);
8.1.6 power failure or breakdown in machinery.
8.2 Upon the happening of any one of the events set out in Condition 8.1 the Site may at its option:-
8.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;
8.2.2 terminate any Contract so affected with immediate effect by written notice to the Subscriber and the Site shall not be liable for any loss or damage suffered by the Subscriber as a result thereof.
9.0 Insolvency of Subscriber
9.1 This condition applies if:
9.1.1 the Subscriber makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
9.1.2 an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Subscriber; or
9.1.3 the Subscriber ceases - or threatens to cease - to carry on business; or
9.1.4 the Site reasonably apprehends that any of the events mentioned above is about to occur in relation to the Subscriber and notifies the Subscriber accordingly.
9.2 If this condition applies then without prejudice to any other right or remedy available to the Site, the Site shall be entitled to cancel the Contract or suspend any further delivery/performance under the Contract without any liability to the Subscriber notwithstanding any previous agreement or arrangement to the contrary.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to the Site, to its registered office or principal place of business and if to the Subscriber, to the address stipulated in the relevant offer to purchase.
11.1 the Site shall be under no liability of whatsoever nature where this arises from a reason beyond its reasonable control as provided in Condition 8 and/or from an act or default of the Subscriber and/or the Merchant Provider.
12.1 On or at any time after the occurrence of any of the events in condition 12.2 the Site may stop any pending service, suspend further deliveries to the Subscriber and exercise its rights under Condition 6 and/or terminate the Contract with the Subscriber with immediate effect by written notice to the Subscriber.
12.2 The events are:-
12.2.1 the Subscriber being in breach of an obligation under the Contract;
12.2.2 the Subscriber passing a resolution for its winding up or a court of competent jurisdiction making an order for the Subscriber’s winding up or dissolution;
12.2.3 the making of an administration order in relation to the Subscriber or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Subscriber’s assets;
12.4. the Subscriber making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
13.1 No waiver by the Site of any breach of the Contract by the Subscriber shall be considered as a waiver of any subsequent breach of the same or any other provision.
13.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
13.3 Notwithstanding the Arbitration clause, the Site shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.