Terms of Service

1. Acceptance of Terms

Welcome to TimeOut, a basketball community matchmaking platform operated in Kuala Lumpur, Malaysia. These Terms of Service govern your access to and use of our platform, including our website, mobile applications, and any related services.

By creating an account, joining a session (whether authenticated or anonymous), or otherwise using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Eligibility

You must meet the following requirements to use TimeOut:

• You must be at least 18 years of age
• You must have the legal capacity to enter into binding contracts
• You must not be prohibited from using our services under applicable laws
• You must provide accurate and complete information during registration
• You must maintain a valid phone number for session participation

3. User Accounts and Registration

3.1 Account Types

TimeOut offers different account types with varying privileges:

• Anonymous Users: Can browse sessions and join by providing name and phone number only
• Players: Authenticated users who can join sessions, manage profiles, and track participation history
• Managers: Users who can create clubs, organize sessions, and access participant contact information
• Admins: Platform administrators with full system oversight

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your contact information, especially phone number, remains current

3.3 Account Information

You agree to:

• Provide accurate, current, and complete information during registration
• Update your information promptly to maintain accuracy
• Not create multiple accounts for the same person
• Not impersonate any person or entity
• Not use false or misleading information

4. User Roles and Responsibilities

4.1 Player Responsibilities

As a player, you agree to:

• Attend sessions you have confirmed or cancel with reasonable notice
• Respect other participants and follow session rules
• Maintain appropriate conduct during games
• Accurately represent your skill level
• Respect court facilities and amenities

4.2 Manager Responsibilities

As a manager, you additionally agree to:

• Provide accurate session information including time, location, and capacity
• Manage sessions responsibly and honor commitments to participants
• Use participant phone numbers only for legitimate session-related communications
• Verify club information and maintain accurate club profiles
• Respect the equal status of co-managers and collaborate effectively
• Not discriminate against participants based on protected characteristics
• Handle disputes fairly and professionally

4.3 Anonymous User Responsibilities

When participating anonymously, you agree to:

• Provide accurate name and phone number information
• Respond to communications from session managers
• Attend confirmed sessions or notify managers of cancellations
• Understand that your information may be visible to session managers

5. Session Participation

5.1 Joining Sessions

When joining a session, you understand that:

• Sessions operate on a first-come, first-served basis
• Automatic waitlist assignment occurs when sessions reach capacity
• Waitlist positions are automatically updated as spots become available
• You may be automatically promoted from waitlist to confirmed status
• Session managers may modify session details (time, location, capacity)

5.2 Waitlist System

The waitlist system operates as follows:

• Automatic placement when sessions are full
• Real-time position tracking with notifications
• Automatic promotion when confirmed participants leave
• You may leave the waitlist at any time
• Waitlist positions do not guarantee eventual participation

5.3 Cancellations and No-Shows

You agree that:

• You will cancel participation with reasonable advance notice
• Repeated no-shows may result in account restrictions
• Session managers may cancel sessions without individual notifications
• You are not entitled to compensation for cancelled sessions
• Admins may remove you from sessions for policy violations

6. Club Management

6.1 Creating and Managing Clubs

When creating or managing a club, you agree to:

• Provide accurate club information and maintain current details
• Obtain proper rights to any logos or branding used
• Cooperate with co-managers in club operations
• Submit to verification processes as required
• Comply with content guidelines for photos and videos

6.2 Multi-Manager Clubs

For clubs with multiple managers:

• All managers have equal privileges and responsibilities
• Any manager may create sessions, post content, and manage members
• Managers should coordinate on major club decisions
• Disagreements should be resolved internally or with admin assistance
• Manager removal requires coordination among remaining managers or admin intervention

7. Content and Conduct

7.1 User-Generated Content

By posting content (photos, videos, reviews, comments), you represent and warrant that:

• You own or have rights to the content you post
• Your content does not violate any laws or third-party rights
• Your content does not contain harmful, offensive, or inappropriate material
• You grant TimeOut a worldwide, non-exclusive license to use, display, and distribute your content

7.2 Prohibited Content

You may not post content that:

• Is illegal, harmful, threatening, abusive, or harassing
• Contains hate speech, discrimination, or promotes violence
• Infringes on intellectual property rights
• Contains explicit sexual content or nudity
• Promotes illegal activities or substances
• Contains spam, advertising, or promotional material without authorization
• Impersonates others or misrepresents affiliations

7.3 Prohibited Conduct

You agree not to:

• Harass, threaten, or intimidate other users
• Discriminate against others based on protected characteristics
• Manipulate session joining or waitlist systems
• Create fake accounts or bots
• Scrape or data mine the platform
• Attempt to gain unauthorized access to systems or accounts
• Interfere with the platform's operation or other users' experience
• Use the platform for commercial purposes without authorization
• Misuse participant contact information

8. Privacy and Data Protection

8.1 Phone Number Privacy

You understand and agree that:

• Your phone number is visible only to managers of sessions you join
• Regular players cannot see other participants' phone numbers
• Managers may use your phone number only for legitimate session-related communications
• Misuse of phone numbers may result in account termination

8.2 Data Collection and Use

Your use of TimeOut is also governed by our Privacy Policy, which describes:

• What information we collect and how we use it
• How we share information with third parties
• Your rights regarding your personal data
• Our security measures and data retention policies

9. Courts and Location Services

9.1 Court Information

Regarding court listings and information:

• Court information is provided by users and third parties
• We do not guarantee accuracy, availability, or condition of courts
• Users submit court information subject to admin approval
• You are responsible for verifying court details before attending sessions
• We are not responsible for court access issues or facility conditions

9.2 User-Submitted Courts

When submitting court information, you agree to:

• Provide accurate and complete information
• Have proper rights to any photos you upload
• Update information if court conditions change
• Not submit misleading or false information

10. Notifications

10.1 Communication Channels

You may receive notifications through:

• Email via Resend
• WhatsApp via Twilio
• In-app notifications

10.2 Notification Types

We may send you notifications regarding:

• Waitlist position changes and session confirmations
• Session updates, modifications, or cancellations
• Account security and important service updates
• Club announcements and invitations
• Platform updates and policy changes

10.3 Notification Preferences

You may control certain notification preferences, but:

• Some essential service notifications cannot be disabled
• You are responsible for maintaining current contact information
• We are not liable for missed notifications due to incorrect contact details

11. Intellectual Property

11.1 TimeOut Property

The TimeOut platform, including design, features, functionality, and content, is owned by TimeOut and protected by:

• Copyright, trademark, and other intellectual property laws
• International treaties and conventions

You may not copy, modify, distribute, or create derivative works without express written permission.

11.2 User Content License

By posting content, you grant TimeOut a:

• Worldwide, non-exclusive, royalty-free license
• Right to use, reproduce, modify, and display your content
• Right to sublicense content to third-party service providers
• License that survives termination of your account for content already shared

11.3 Trademark Usage

The TimeOut name, logo, and related marks are trademarks of TimeOut. You may not use these without prior written consent.

12. Third-Party Services

Our platform integrates with third-party services including:

• Mapping and location services
• WhatsApp (via Twilio) for notifications
• Email services (Resend)
• Payment processors (if applicable)

You acknowledge that:

• Third-party services have their own terms and privacy policies
• We are not responsible for third-party service availability or performance
• Service interruptions may affect platform functionality
• You are responsible for complying with third-party terms

13. Disclaimers and Limitations of Liability

13.1 Service "As Is"

We do not warrant that:

• The platform will be uninterrupted, secure, or error-free
• Defects will be corrected
• The platform is free of viruses or harmful components
• Results from using the platform will meet your expectations
• Session information is accurate or current
• Other users will fulfill their commitments

13.2 Limitation of Liability

To the fullest extent permitted by law, TimeOut and its officers, directors, employees, and affiliates shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Personal injury or property damage arising from platform use
• Disputes between users
• Actions or inactions of other users
• Cancelled sessions or no-shows
• Court access issues or facility conditions
• Unauthorized access to your account or information

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim, or MYR 100, whichever is greater.

13.3 User Interactions

You are solely responsible for your interactions with other users. We reserve the right but have no obligation to monitor disputes between users. We are not responsible for:

• User conduct online or offline
• Agreements between users
• Injuries or damages resulting from user meetings
• Disputes arising from session participation

14. Indemnification

You agree to indemnify, defend, and hold harmless TimeOut and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any rights of another party
• Your use or misuse of the platform
• Your content or conduct on the platform
• Your participation in sessions or interactions with other users
• Your violation of applicable laws or regulations

15. Term and Termination

15.1 Term

These Terms remain in effect while you use the platform.

15.2 Account Termination by You

You may terminate your account at any time by:

• Requesting deletion through account settings
• Contacting our support team

Upon termination:

• Your access to the platform will cease
• Your data will be deleted according to our Privacy Policy
• You will be removed from all upcoming sessions
• Club management responsibilities will transfer to remaining managers

15.3 Termination by TimeOut

We may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms or our Community Guidelines
• You engage in fraudulent or illegal activity
• Your conduct creates liability or harm to TimeOut or other users
• We are required to do so by law
• We cease operating the platform

15.4 Effect of Termination

Upon termination:

• All licenses granted to you will cease
• You must cease all use of the platform
• Provisions regarding liability, indemnification, and dispute resolution survive
• We may retain certain information as required by law

16. Dispute Resolution

16.1 Informal Resolution

Before pursuing formal action, you agree to contact us to attempt informal resolution. Send a detailed description of your dispute to our support email.

16.2 Governing Law

These Terms are governed by the laws of Malaysia, without regard to conflict of law principles.

16.3 Jurisdiction

You agree that any legal action or proceeding shall be brought exclusively in the courts located in Kuala Lumpur, Malaysia, and you consent to the jurisdiction of such courts.

16.4 Arbitration

For disputes that cannot be resolved informally, you agree to binding arbitration in Kuala Lumpur, Malaysia, under the rules of the Malaysian Arbitration Act. The arbitrator's decision is final and binding.

16.5 Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of any class or representative action. You waive any right to participate in class action lawsuits or class-wide arbitration.

17. General Provisions

17.1 Modifications to Terms

We may modify these Terms at any time. We will:

• Update the "Last Updated" date
• Notify you of material changes via email or platform notice
• Provide a reasonable opportunity to review changes

Continued use after changes constitutes acceptance of modified Terms.

17.2 Entire Agreement

These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and TimeOut regarding platform use.

17.3 Severability

If any provision is found unenforceable, the remaining provisions will continue in full force and effect.

17.4 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

17.5 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

17.6 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, acts of government, internet disruptions, or pandemics.

17.7 Language

These Terms are provided in English. Any translations are for convenience only. In case of conflict, the English version prevails.

18. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

19. Acknowledgment

Thank you for being part of the TimeOut basketball community. We look forward to helping you connect with players and organize great pickup games in Kuala Lumpur!