TERMS OF USE


ASICS Oceania Pty Ltd (ABN 59 003 091 389) located at 10 Interchange Drive, Eastern Creek, New South Wales, 2766 (Company, our, us, we) publishes and maintains two websites located at www.asics.com.au and my.asics.com.au respectively (individually and collectively the Site). When you access, browse or use this Site you accept and agree to, without limitation or qualification, the terms and conditions set out below (Terms of Use) and any other terms, conditions, notices or disclaimers placed by the Company on this Site.  

These Terms of Use do not relate to your purchase or use of any product or service described or offered on the Site and you are referred to the separate document titled ‘Terms of Sale’ and any individual express warranty relevant to that particular product or service as applicable.

 

YOUR RIGHT TO USE THE SITE AND ITS CONTENTS

The Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from the Site, including but not limited to any text, images, audio and/or video, for any business, commercial or public purpose. As long as you comply with these Terms of Use, the Company grants you a non-exclusive, non-transferable, limited right to enter, display and use the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

 

OWNERSHIP

All materials on the Site, including but not limited to audio, images, software, text, artwork, video clips and other materials (Content) are protected by copyright under Australian copyright law, international conventions, and other copyright laws. You shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Site or the Content. There are a number of proprietary logos, service marks, and trade marks found on the Site, all of which are owned by, or licensed to, or otherwise authorized for use by the Company. By making them available on the Site, the Company is not granting you any licence to utilize those proprietary logos, service marks, or trade marks. Any unauthorized use of the Content may violate copyright laws, trade mark laws, the laws of privacy and civil and criminal statutes.

You may download one (1) copy only of the Content to be used only by you for your personal and non-commercial use at home. If you download any Content from the Site, you may not remove any copyright or trade mark notices or other notices that accompany it.

 

RIGHTS TO USER'S MATERIAL

The Company welcomes your feedback and is pleased to have you submit your comments regarding its products. However, we request that you be specific in your comments, and that you do not voluntarily submit any ideas, suggestions or materials related to the business of the Company. If despite this request, you do voluntarily submit any ideas, suggestions or materials related to the business of the Company either directly to the Site or indirectly by means of any third party, including without limitation, Bazaar Voice, Facebook, Instagram, Youtube, Pinterest or Twitter (Submissions), these Submissions shall be deemed, and shall remain, the exclusive property of the Company. No Submissions shall be subject to any obligation of confidence on the part of the Company, and the Company shall not be liable for any use or disclosure of any Submissions. Without limitation to the foregoing the Company shall exclusively own the rights of copyright, patent rights, and all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe, and the Company shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to the author(s) or provider(s) of the Submissions.

You consent to Company (and its successors in title, licensees, assignees and persons authorised by Company) doing any act or omitting to do any act comprised in any or all of your ‘moral rights’ (including rights of integrity of authorship, rights of attribution of authorship and similar rights that exist or may come to exist anywhere in the world) arising out of or in connection with the use of the Submissions in any manner and in any media now known or devised in the future, regardless of whether such conduct amounts to derogatory treatment. If requested by Company and at its expense you will execute such documents so as to give effect to the grant of rights and consent in these Terms of Use.

Company does not usually actively supervise, edit, control, monitor or censor the Submissions. However, Company may from time to time review Submissions and you acknowledge that Company retains the right to edit or take down Submissions and may suspend you from participating on the Site in Company's sole discretion. You also acknowledge that some views or opinions expressed are those of other users of the Site which are not necessarily shared by Company and Company does not endorse any Submissions or any opinion, recommendation or advice contained in them.

You irrevocably waive any right which you have or which you may in the future have to make any claim or demand or institute any legal or quasi legal proceedings against Company based on the contents of any Submissions included on this Site.

If a breach of these Terms of Use is brought to Company's attention, Company may at its option reject, refuse to post or remove Submissions from the Site or prohibit a user from accessing the Site. In any event, Company reserves its absolute right to withdraw permission for a user to access the Site at any time.

If you think that a comment that has been posted is offensive, unsuitable or has in some other way breached these Terms of Use, please Contact Uswith a link to the comment and your reasons for objecting to it. We will consider whether there are grounds for editing or removing the comment and take appropriate action, but you won’t necessarily be contacted as to our decision.

By posting Submissions on the Site you agree to the following:

(a)    you are entering into a communication with us and we can contact you via email and other commercial electronic messages in relation to the Submissions or with information that we believe will be directly relevant and of interest to you. You have the option to opt out of this service at any time upon notice and you may Contact Us to provide the notice.

(b)    if you have chosen to receive e-mail updates and newsletters, if any, these can be cancelled at any time and you may Contact Us to provide the notice of cancellation.

 

SECURITY OF ELECTRONIC TRANSMISSIONS

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to the Company does not create any reciprocal obligation or responsibility of the Company to you.

 

LINKS TO OTHER WEBSITES

The Site may contain links to other Internet sites on the World Wide Web. The Company provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Site unless it is owned or published by the Company. Links from the Site to any other website do not indicate that the Company approves of, endorses, sponsors, or recommends that website. The Company disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other website.

 

DESCRIPTIONS OF PRODUCTS

The Company attempts to provide accurate descriptions of all products displayed on the Site. However, we do not warrant that the product descriptions are complete or error-free.

 

AVAILABILITY OF PRODUCTS

The products displayed on the Site may not be available in your particular country, state or locality. The reference to such products on the Site does not imply or warrant that these products will be available at any time in your particular location. The Company attempts to provide accurate and up-to-date information through this Site, but we do not warrant that the information is complete or error-free.

 

RIGHT TO CHANGE THESE TERMS OF USE OR SITE CONTENT

The Company may add to, change, or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any terms posted on the Site apply as soon as they are posted. By continuing to use the Site after any changes are posted, you are indicating your acceptance of and agreement to those changes. Furthermore, the Company may add, change, discontinue, remove, or suspend any other Content posted on the Site, including features and specifications of products and services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

 

DISCLAIMER

Your use of the Site is at your own risk. The Site (including all content and functions made available on or accessed through the Site) is provided "as is." To the fullest extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties, guarantees and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title, and non-infringement. Furthermore, the Company does not warrant that the server that makes the Site available is free of viruses or other harmful components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the Site.
 
All health and medical information or advice displayed on this Site, if any, is not intended to be relied upon or used by you in isolation.  We may use the services of qualified health and medical professionals but the Company is not qualified to and does not provide medical advice.  Any health or related information displayed on this Site should not be used in place of the advice of your doctor or other health care provider.  We do not recommend the self-management of health or medical problems, nor do we promote or recommend any particular form of medical or alternative treatment. Company recommends that you consult with your doctor prior to commencing any training programs created and displayed on the My ASICS site. You should never disregard medical advice or delay seeking it because of something you have read on this Site.  You should always seek prompt medical care for any specific health issue.

Company is under no obligation to keep and maintain any data entered or submitted by you to My ASICS.  Company is not obliged to make any back-up(s) of data submitted by you.

The inclusion of any advertising or other information or third party material on any page of the Site which promotes products or services to be supplied by a party other than the Company does not imply that Company endorses or recommends any such party, product or service.

While all reasonable care has been taken in publishing and maintaining the Site, Company and sponsors of any material presented on the Site accept no liability or responsibility whatsoever for, or in respect of, any use of the Site or any reliance upon material contained on the Site or any linked Site. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

Company will not be liable for any loss resulting from any action or decision by you in reliance on the material or content on the Site, nor any interruption, delay in operation or transmission of the Site.  You are solely responsible for any damage to your computer systems or loss of data that results from your use of the Site.

You expressly acknowledge and agree that Company does not exert control over users of the Site and Company is not liable either for their opinions or their behaviour, including any information or advice and any defamatory statements or offensive conduct on their part or the breach of any law including those relating to privacy.

 

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, the Company's negligence, shall the Company be liable for any direct, consequential,  incidental, indirect, punitive, or special damages that result from (A) the use of, (B) the inability to use, (C) errors or omissions in the contents and functions of, the Site, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. To the extent that the Competition & Consumer Act, 2010 does not allow the exclusion or limitation of consequential or incidental damages, the above limitation or exclusion may not fully apply to you. In no event shall the Company's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed AUD$1.00.

Without limitation to the foregoing, Company’s liability, if any, for any breach of a condition, warranty or guarantee implied by the Competition & Consumer Act, 2010 which cannot be excluded is limited to any one or more of the following as determined by Company in its absolute discretion:

(a)    in the case of goods, the replacement or repair of the goods or the supply of equivalent goods; or the payment of the cost of repairing the goods or of supplying equivalent goods; and

(b)    in the case of services, the supply of the service again; or the payment of the cost of having those services supplied again.

 

INDEMNITY AND WAIVER BY USER

You agree to indemnify and keep indemnified Company from and against any costs, loss, liability, claim or damage which Company incurs or suffers as a result of any default by you in respect of these Terms of Use or of any act or omission by you in connection with your use of the Site.

If you use the My ASICS free on-line running service you agree to assume full responsibility for all risks and inherent dangers including risk of injury and you hereby waive all of your legal rights of action against and fully release the Company for all loss, damages, injury or death howsoever arising out of or in relation to your use of My ASICS including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of the Company, its officers, employees, contractors and  agents.

You further acknowledge and agree that your use and reliance on My ASICS is voluntary and absolutely at your own risk and you fully appreciate the nature and extent of all risks involved in such use or reliance. This waiver shall bind you and your executors.

 

USE OF SITE BY CHILDREN

While this Site may be viewed by children, we do not ensure that all content on the Site is appropriate for children of all ages.  All visitors to this Site under 18 years of age must obtain the consent of their parents or legal guardians. Children using the Site will be subject to and are bound by these Terms of Use and your parent or guardian will be deemed to accept the application of these Terms of Use to your use of this Site.  Company requests parents and guardians to supervise their children when accessing or using the Site.  No Submissions should be submitted to, or posted at, the Site by visitors under 18 years of age without the consent of their parent or guardian.  If you are under 18 years of age and you post a Submission you and your parent or guardian will be deemed to accept the application of these Terms of Use to that Submission.

 

TERMINATION

The right to access and use the Site granted by way of these Terms of Use is effective until terminated by either party. You may terminate such right under these Terms of Use at any time by destroying all Site material obtained by you or held in your possession and all related documentation and all copies and installations thereof, whether made under the terms of these Terms of Use or otherwise. Your right to access and use the Site will terminate immediately without notice from Company if in Company’s sole opinion you fail to comply with any term or provision of these Terms of Use.

Upon termination, you must destroy all Site materials and third party user materials obtained by you or held in your possession and all copies thereof, whether made under the terms of these Terms of Use or otherwise. All other provisions of these Terms of Use which in order to give effect to their meaning need to survive the termination of your right to access and use the Site (including without limitation all restrictions imposed on you, licenses granted by you and indemnities provided by you together with all disclaimers and limitations of liability in favour of Company) will survive termination.


GENERAL PROVISIONS

These Terms of Use and any additional terms posted on the Site together constitute the entire agreement between the Company and you with respect to your use of the Site. No waiver of any obligation by the Company will be effective unless in writing and executed by the Company.  Any alleged claim or cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the alleged claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales, Australia, without reference to its conflicts of law rules. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them for determining any dispute concerning these Terms of Use. The Company reserves the right to commence proceedings in any jurisdiction and under the law of that jurisdiction in order to enforce it rights under these Terms of Use.