Terms of Use

These terms are the agreement between you and OC Global Technology Sdn. Bhd. for your use of O’Smash. Please read them. If you do not accept them, please do not use O’Smash.

The short version

This is a summary, not the terms themselves. The numbered sections below are what applies.

• O’Smash is an app for arranging badminton coaching. We are not your coach.
• Payment, cancellation and refunds are covered by the O’Smash Refund and Cancellation Policy, which forms part of these terms. Payments are processed by a third-party payment gateway, not by O’Smash.
• If the player is under 18, a linked parent must agree to these terms for them and is responsible for paying their fees.
• Check in only to a session you are at, and only for yourself or your own child.
• We have zero tolerance for objectionable content and abuse. Report it in the app and we review it within 24 hours.

1. What O’Smash is, and what it is not

What O’Smash does. O’Smash is a mobile application for organising badminton coaching. Coaches and academies use it to schedule sessions, manage their players, record attendance and collect monthly fees. Players use it to find an academy or coach near them, ask to join, see their sessions, check in and pay.

O’Smash does not coach you. The coaching is provided by your coach or academy. We do not employ coaches, we do not set their prices, and nobody from O’Smash is present at your session. Your arrangement about lessons is with your coach, not with us.

We do not verify or endorse coaches. Coaches are independent. Being listed near a place in O’Smash is not a recommendation. Each coach is responsible for holding any qualification, licence, insurance or clearance the law requires of them, as section 7 sets out.

Who we are. These terms are a contract between you and OC Global Technology Sdn. Bhd., a company registered in Malaysia, of 21 City Plaza, Jalan Tebrau, Kampung Wadi Hana, 80300 Johor Bahru, Johor, Malaysia. In these terms, “O’Smash”, “we”, “us” and “our” mean that company.

Accepting these terms. Using O’Smash means you accept these terms.

2. Words we use

Session. A coaching session at a set date, time and training location, created in O’Smash by a coach.

Coach. A coach account: an Owner, a sub coach or a solo coach. Where a rule applies to only one of these, it says so.

Owner. The coach who runs an academy. The Owner manages the academy’s players, coaches, monthly price, merchant account and plan.

Sub coach. A coach who coaches within an Owner’s academy. A sub coach may create, edit, reschedule and cancel the academy’s sessions, and take attendance on their own sessions. A sub coach does not set prices, manage the plan or invite other users.

Solo coach. A coach who works alone, with their own players and no sub coaches.

Academy. A coaching business on O’Smash, run by an Owner. An academy, not O’Smash, is responsible for the coaches it engages.

Player. A person who attends sessions arranged through O’Smash.

Parent. A player aged 18 or over who is linked to the account of a player under 18, as their parent or guardian.

Invitation. An email an Owner sends so that a player or coach can join their academy.

Join request. A request a player or coach sends to join an academy or solo coach, which the Owner or solo coach accepts or declines.

Session QR. The code a coach shows at a session, which players scan to check in.

Monthly price. The amount an academy or solo coach charges a player for a month of coaching.

Payment gateway. The third-party payment service provider we appoint to process payments, currently Fiuu (Razer Merchant Services).

3. Who can use O’Smash

Age. Coaches must be 18 or older. Players of any age may sign up; a player under 18 may use O’Smash only with a linked parent who has agreed to these terms on their behalf.

Roles. O’Smash has two kinds of account, coach and player. A coach is an Owner, a sub coach or a solo coach. A parent is a player account.

If the player is under 18. A person under 18 cannot enter into these terms on their own; under Malaysian law a contract made by a minor is void. A player under 18 must link a parent before they can join a coach. If you are that parent, you accept these terms on the player’s behalf, you are responsible for what the player does in O’Smash, and you are the only one who can pay for their coaching.

How you accept. You accept these terms and the Privacy Notice when you create your account, including an account created by accepting an invitation.

4. Your account

One account, your own details. Register once, using your own name, email address, phone number and date of birth, and keep them accurate.

Keeping your account secure. You are responsible for keeping your account credentials secure. Choose a password you do not use for any other service, keep it confidential, and do not let anyone else use your account. For your protection we may end a sign-in and ask you to sign in again, require a password reset, or ask you to confirm a change to your account details.

Tell us if something is wrong. Contact us at support@osmash.ocgt.app as soon as you can if you believe your password is known to someone else, that someone has used your account, or that your device is lost or stolen.

What you are responsible for. You are responsible for activity on your account that results from something you did or failed to do, for example sharing your password. You are not responsible for activity arising from a weakness in O’Smash itself, from a failure on our side, or from anything you told us about promptly. Nothing in this section affects your rights under the Consumer Protection Act 1999.

5. Joining a coach, and how sessions work

Asking to join. A player can find academies and solo coaches near a chosen place and ask to join, or scan the QR an academy shows. A coach can ask to join an academy with its join code or QR. The Owner or solo coach accepts or declines each request. An academy’s join code and QR do not expire, and the Owner can change them.

Invitations. An Owner can also invite a player or coach by email. An invitation expires 7 days after it is sent, and can be accepted only by the account it was sent to. Do not share, forward or transfer an invitation. An invitation to a player under 18 is accepted or declined by a linked parent.

An Owner warrants that they may invite you. By inviting someone, an Owner confirms that the person has agreed to be invited and that the details entered about them are accurate.

Full academies. Each plan has a limit on players and coaches. If an academy is full when your request or invitation is accepted, you cannot join until a place frees.

Coaches create sessions. Sessions are created by the Owner or a sub coach, who sets the date, time and training location and chooses the players on it.

Players do not book sessions. O’Smash does not give players a way to book a session or to decline being added to one. Your coach adds you. A player whose monthly fee is unpaid cannot be added to a session. If you cannot attend, speak to your coach.

Leaving. A player aged 18 or over can leave an academy from Settings. A parent can take a child out of an academy. A sub coach can leave an academy. Leaving takes you off upcoming sessions; your history is kept.

Checking in. At the session, your coach shows the session QR and you scan it in the app. A parent may scan it to check in their own child. The code changes about every 30 seconds and works only for that session around its start time. If you check in without a connection, the check-in is sent when your phone is back online. If you have no phone, your coach marks you on the roster. Where the roster and a check-in differ, the coach’s roster mark is the record.

Your check-in is personal. Check in only to a session you are actually at, and only for yourself or your own child. Do not photograph the session QR and send it to anyone, and do not ask anyone to check in for you. If someone checks in with your account, our records will show you as present at a session you did not attend.

6. Paying for coaching, and refunds

The Refund and Cancellation Policy forms part of these terms. Coach plans, monthly fees, cancellation and refunds are governed by the O’Smash Refund and Cancellation Policy, which is incorporated into and forms part of these terms. By accepting these terms you accept that policy.

Monthly fees. Your academy or solo coach sets its monthly price, and the app shows it to you before you pay. You pay first, and the payment covers one calendar month. A player aged 18 or over pays for themselves; for a player under 18, only a linked parent pays, and the child cannot reach payment. The fee is paid to the academy, not to O’Smash.

Coach plans. A coach can use O’Smash on the Free plan, or pay O’Smash monthly for a plan with higher limits.

How payments are made. Payments are processed by a licensed third-party payment gateway. You enter your payment details directly into the gateway’s own page; your full payment credentials are not transmitted to, processed by, or stored on O’Smash systems at any point. The methods the gateway supports may change from time to time.

Which document applies. Where these terms and the Refund and Cancellation Policy differ on payment, cancellation or refunds, that policy applies. Nothing in either document excludes, restricts or modifies any right, guarantee or remedy you have under the Consumer Protection Act 1999.

7. Rules for coaches and academies

You are the one providing the coaching. You are responsible for the standard and safety of your sessions, for supervising them, for the venue, for your own conduct, and for holding any qualification, licence, insurance or clearance the law requires of you, including any clearance required to work with children.

Only invite people who have agreed to be invited. You are responsible for the accuracy of the details you enter about another person, and for having their permission to enter them.

Your prices and merchant details. You set your monthly price and are responsible for it. The merchant details you send so that your academy can receive fees must be true, complete and your own. You can add players and coaches only once your monthly price is set and your merchant account is active.

Use what you are given only for coaching. Where you are given access to another person’s details through O’Smash, use them only to deliver and run that person’s coaching.

Do not record attendance you know or suspect to be false, whether by marking the roster or otherwise, and do not ask another person to do so.

8. Rules for everyone

Use O’Smash for what it is for. Use O’Smash only to arrange, attend, record and pay for badminton coaching. Hold one account, in your own name, with accurate details, and in the role that actually applies to you.

You must not:

• Attendance. Check in to a session you are not at; check in for someone other than yourself or your own child; send the session QR to someone who is not there; or otherwise cause attendance to be recorded for a session that was not attended.
• Attendance records. Record attendance you know or suspect to be false, or ask another person to do so.
• Codes and invitations. Share, forward or transfer an invitation, a sign-in code or a child’s link QR; use one that was not meant for you; or attempt to guess, generate or test codes.
• Impersonation. Hold yourself out as a coach, academy or parent you are not; use the name or identity of a real coach or academy without their authority; or claim a qualification, licence or clearance to work with children that you do not hold.
• Account sharing. Let another person use your account, use another person’s account, or register on behalf of someone else.
• Other people’s accounts and data. Access, or try to access, another person’s account, attendance or payment record, or our administration portal.
• Misuse of details you were given. Use a player’s or parent’s details for anything other than delivering their coaching, including contacting them for an unrelated purpose, marketing to them, disclosing them, or keeping them after your connection ends.
• Automated access. Use any automated tool, script, crawler or bot to access O’Smash; bulk-download or enumerate profiles, photographs, academies, rosters, sessions or payment data; create an account by automated means; or work around any rate limit or access control.
• Photographs. Upload a photograph that is not of you, a photograph of another person without their permission, or a photograph of a child unless you are that child’s parent.
• Objectionable content. Post or send anything abusive, hateful, threatening, sexual, violent, discriminatory or illegal, in names, photos, logos, messages or anywhere else in the app. We have zero tolerance for objectionable content and abusive users: we remove the content and suspend or close the account that posted it.
• Harassment and integrity. Harass, threaten or abuse any user, or interfere with the operation, security or integrity of O’Smash, including its attendance and payment records.

Security reports. If you find a security weakness, tell us at support@osmash.ocgt.app rather than exploiting it or publishing it. We will not treat a good-faith report as a breach of these terms.

9. Reporting and blocking

Report. Tap Report on an academy, or chat with support in the app, to tell us about content or a user. We review every report within 24 hours.

Block. Tap Block to stop seeing an academy or coach. We are told when you block, so we can check it too.

We rely on reports. O’Smash does not monitor sessions, messages or user conduct. We act on what users tell us and on our own records.

10. Keeping children safe

Who is responsible. A coach or academy who delivers coaching to a player under 18 is responsible for that player’s safety during a session, for supervision at the venue, and for holding every qualification, licence, insurance and clearance to work with children that Malaysian law requires. O’Smash is not present at sessions and does not supervise them.

Parent consent. A player under 18 can join a coach only after a parent has linked to them and agreed. No one may try to get around this, for example by entering a false date of birth.

Contact outside O’Smash. A coach or academy may use a player’s or parent’s contact details only to arrange and deliver that player’s coaching. Where the player is under 18, communication should be with the parent.

Absolute prohibitions. No user may use O’Smash, or information obtained through it, to groom, sexually exploit, abuse, endanger or make unwanted contact with a child, or to arrange contact with a child outside the coaching arranged through O’Smash.

Reporting a concern. Anyone with a concern about the safety of a child in connection with O’Smash should email support@osmash.ocgt.app immediately, marking the message URGENT — CHILD SAFETY, with as much detail as possible. If a child is in immediate danger, contact the police first on 999 and tell us as well.

What we do on a credible report. We treat child-safety reports as our highest priority. We will acknowledge one within one business day, pause new payments and settlements for the account concerned while we look into it, preserve that account’s records, and, where we hold a reasonable belief that a child has been harmed or is at risk, report the matter to the Royal Malaysia Police or the Department of Social Welfare. We may do so without notifying the person reported where notifying them would put a child at risk or prejudice an investigation.

What we do not do. We do not monitor sessions, and nobody from O’Smash attends them. We do not verify a coach’s identity, qualifications or clearances. Parents and players should satisfy themselves about a coach before a first session.

Cooperation. Every user must cooperate with a child-safety investigation and must not destroy, alter or conceal relevant records.

11. Photos, profiles and intellectual property

What belongs to us. O’Smash, the O’Smash name and logo, the app, its source code, screens, layout, text, graphics and illustrations belong to OC Global Technology Sdn. Bhd. or are licensed to it. We grant you a personal, non-exclusive, non-transferable, revocable licence to use O’Smash on a device you control, for the purposes described in these terms. You may not copy, modify, translate, reverse-engineer, decompile, resell, rent or create derivative works from O’Smash, extract data from it by automated means, or use the O’Smash name, logo or branding without our written permission.

What belongs to you. You keep ownership of the profile photograph, academy logo and text you submit, such as your profile details, your academy’s name and your messages to our team.

The permission you give us. You give us a non-exclusive, royalty-free permission to store, host, copy, resize, re-encode and display that material only so that O’Smash can operate, for example showing your profile photograph alongside your name to your coach, or your academy’s name and logo to players looking for a coach. We do not sell it, license it to anyone else, or use it in advertising. How long we keep it is set out in the Privacy Notice.

What you promise about what you upload. You promise that you own the photograph or logo you upload or have permission to use it, and that it does not infringe anyone else’s rights. Do not upload a photograph of another person without their permission. If the photograph is of a child, only that child’s parent may upload it.

Removing content and copyright complaints. You can replace your profile photograph at any time. Our staff may remove a photograph or logo that breaks these terms. If you want other material removed, or if you believe material on O’Smash infringes your copyright, tell us at support@osmash.ocgt.app with enough detail to identify it, and we will remove it where we are able to.

Feedback. If you send us a suggestion about O’Smash, we may use it without any obligation to you.

Your personal information. How we collect and handle personal information is described in the O’Smash Privacy Notice, which forms part of your agreement with us.

Open-source components. O’Smash is built using open-source software provided by third parties, which remains the property of its authors. We credit the following: Feather icons, © Cole Bemis, used under the MIT licence; and Material Design Icons by Pictogrammers, used under the Apache Licence, Version 2.0.

12. What we are, and are not, responsible for

Read this section carefully. It sets out what each of us is responsible for, and the things we cannot and do not limit.

What each of us is responsible for. We are responsible for O’Smash: the app and the tools in it. Your coach or academy is responsible for the coaching: its standard, its safety, supervision at the venue, and their own conduct and qualifications.

What we do not limit. Nothing in these terms limits or excludes anything that cannot lawfully be limited or excluded. In particular, nothing here excludes, restricts or modifies: any right, guarantee or remedy you have under the Consumer Protection Act 1999, including the statutory guarantees in respect of services, which under section 6 of that Act cannot be contracted out of; liability for death or personal injury caused by our negligence; liability for fraud or fraudulent misrepresentation; or any other liability that cannot be excluded under Malaysian law.

Badminton is a physical activity. You take part at your own risk, and you are responsible for being fit enough to do so and for telling your coach about any condition or injury that affects you. If the player is under 18, their parent is responsible for this.

What we are not responsible for. Subject to the paragraphs above and to the Refund and Cancellation Policy, we are not responsible for the standard, safety or outcome of coaching, for a dispute between users, or for loss caused by information that you or another user entered incorrectly.

Indirect loss. Subject to the paragraphs above, we are not liable for indirect or consequential loss, or for loss of profit, opportunity, goodwill or data.

Changes to O’Smash. We may change, suspend or withdraw features of O’Smash, and carry out maintenance. We will not materially reduce the core functionality without giving notice under section 15.

If you break these terms and that causes us loss or a claim from someone else, you agree to cover our reasonable losses and costs. This is limited to loss we suffer because you broke these terms, and is never wider than Malaysian law allows against a consumer.

Fairness. We have written this section to be fair and no wider than is reasonable. If a court finds any part of it unfair under Part IIIA of the Consumer Protection Act 1999, or otherwise unenforceable, that part is severed and the rest continues to apply.

13. Ending, suspending or closing an account

Closing your account. You may delete your account at any time from Settings in the app, or by telling us at support@osmash.ocgt.app. An Owner whose academy has other members closes the academy first, from Edit profile. Closing your account does not affect anything owed before it closed. What happens to your information afterwards is set out in the Privacy Notice.

What we may do if these terms are broken. Where we reasonably believe that these terms have been broken, or that O’Smash is being used unlawfully or in a way that puts a person at risk, we may take one or more of the following steps, choosing what is proportionate:

• Warn. Notify you of the breach and require it to stop.
• Remove content. Remove a profile photograph, academy logo or other material you have submitted.
• Correct records. Correct or reverse an attendance record we find to be inaccurate, and refund or adjust a payment recorded on it.
• Restrict access. Suspend or restrict access to your account or to particular features, for as long as is necessary.
• Terminate. End your right to use O’Smash by written notice.
• Report. Report the matter to the police or another authority where the law requires it, or where we hold a reasonable belief that a child is at risk.

How we exercise these rights. We will normally take the least serious step that addresses the matter, and escalate only if the breach continues or recurs. We will tell you what we have done and why, and give you a reasonable opportunity to respond, unless doing so would put a person at risk, prejudice an investigation, or breach a legal obligation. We may go straight to suspension or termination where the matter involves objectionable content or abuse, the safety of a child, fraud including false attendance or payment fraud, impersonation, or a serious risk to other users.

Grounds. Serious or repeated breach of section 7, 8 or 10; dishonesty in connection with a payment or an attendance record; conduct that endangers a child; providing false information about your identity, your age or your entitlement to coach; or a legal obligation on us.

Ending without breach. We may end this agreement, or withdraw O’Smash, on at least 30 days’ written notice.

Payments already made. Refunds are dealt with in the Refund and Cancellation Policy, and your rights under the Consumer Protection Act 1999 are not affected.

What survives. The clauses on payments already made, refunds, intellectual property, liability and governing law survive the end of this agreement.

14. If something goes wrong

Tell us. Chat with support in the app, from Settings, or email support@osmash.ocgt.app. Tell us the session date, the coach’s or player’s name, and what happened; our records are organised by session, so that is what lets us investigate. We aim to reply within two business days, and within one business day for a child-safety concern.

If your complaint is about coaching, such as the standard of a session, a coach not turning up, or how a coach behaved, speak to your coach or academy first, then tell us, so that we can act on our side. Requests about a payment taken in error do not require this; ask us directly, as the Refund and Cancellation Policy explains.

If you cannot sign in, you may report a concern to us directly by email.

Your right to go to court is not restricted. We may suggest mediation, but nothing in these terms requires you to use it, prevents you from bringing proceedings, limits the time in which you may bring them, or requires you to bring a claim anywhere other than the Malaysian courts. You may also bring a claim to the Tribunal for Consumer Claims Malaysia, which hears consumer claims up to RM50,000.

Governing law. These terms are governed by the laws of Malaysia, and the Malaysian courts have non-exclusive jurisdiction.

15. Changes to these terms

We may change these terms. If a change materially affects you, we will tell you before it takes effect and give you at least 30 days’ notice, by email or in the app. If you do not accept a change, you may close your account before it takes effect. We will not treat continued use alone as acceptance of a material change. Each version carries the date shown at the top of this page, and the current version is always available from the app.

16. How to contact us, and other terms

Contact. OC Global Technology Sdn. Bhd., 21 City Plaza, Jalan Tebrau, Kampung Wadi Hana, 80300 Johor Bahru, Johor, Malaysia. Email support@osmash.ocgt.app. Everyone signed in can also chat with support in the app, from Settings; our team replies there.

Notices. We contact you using the email address on your account, by push notification, and through messages in the app. Please keep your details up to date. Messages we send from a no-reply address are not monitored.

App stores. If you obtained O’Smash from an app store, that store’s own terms also apply to your download and use of the app. Where those terms and these differ about your download, the store’s terms apply to the download.

Transfer. You may not transfer your rights under these terms. We may transfer ours to another company, for example if our business is sold, provided your rights are not reduced. We will tell you if we do.

Other. If any part of these terms is found to be unenforceable, the rest continues to apply. If we do not enforce a term straight away, we do not lose the right to enforce it later. These terms, together with the O’Smash Privacy Notice and the O’Smash Refund and Cancellation Policy, are the whole agreement between you and us about O’Smash. Where these terms and the Refund and Cancellation Policy differ on payment, cancellation or refunds, that policy applies. A person who is not a party to these terms has no right to enforce them under the Contracts (Rights of Third Parties) Act 2001.