Terms and Conditions

JD Sports Fashion Sdn. Bhd., Company Registration No. 1160766-W ("shop.themarathonshop.com.my") owns and operate this Website. This document governs your relationship with shop.themarathonshop.com.my ("Website"). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Your access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend your access to the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites, which are not operated by shop.themarathonshop.com.my. shop.themarathonshop.com.my has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at our Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: breach any applicable laws or regulations; commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person' proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and shop.themarathonshop.com.my will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of shop.themarathonshop.com.my or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by shop.themarathonshop.com.my and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, sell, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Shipping page for further information.

In order to contract with shop.themarathonshop.com.my you must be over 18 years of age and possess a valid credit card or bank account issued by a bank acceptable to us. shop.themarathonshop.com.my retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit card or bank account used to place your order. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until your payment has been approved by us.

(b) Pricing and Availability

Whilst we try and ensure that all processes, details, descriptions, prices and availability which appear on this Website are accurate, errors may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you on this as soon as possible and give you the option of reconfirming your order or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Grand Total'.

The Service may contain errors or inaccuracies and may not be complete or current. We reserve the right to refuse to fulfill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors or inaccuracies in information regarding pricing, shipping, payment terms, or return policies.

Your Account

You are responsible for maintaining the information and confidentiality of your account and password in this Website. You agree to accept responsibility for all activities that occur under your account or password.

Risk of Loss

All items purchased from this Website are made pursuant to a shipment contract. The risk of loss and title for such items are passed to you upon our delivery to the carrier.

Returns and Refunds

shop.themarathonshop.com.my does not take title to returned items until we received the item. For more information about our returns and refunds, please see our Return and Exchange Policy page.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, shop.themarathonshop.com.my and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contact, tort, equity, restitution, by statute, at common law or otherwise. This does not affect shop.themarathonshop.com.my's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with shop.themarathonshop.com.my and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to shop.themarathonshop.com.my.

Indemnity

You agree to indemnify, defend and hold harmless shop.themarathonshop.com.my, its directors, officers, employees, consultants, agents and affiliates from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

Variation

shop.themarathonshop.com.my shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments. To contact us, please refer to the Contact Us page.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supercede any and all preceding and contemporaneous agreements between you and shop.themarathonshop.com.my. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of shop.themarathonshop.com.my. If you have any queries regarding these terms and conditions, please contact us at support@themarathonshop.com.my.

 

Issued on 3 June 2015
Effective on 6 July 2015
Amended on 14 July 2017