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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE OneASICS™ PROGRAM (“OneASICS”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. THESE TERMS AND CONDITIONS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.
Introduction
Welcome to the OneASICS™ Program (“OneASICS” or “Program”) by ASICS. Membership is free of charge and no purchase is necessary to become a member of OneASICS. OneASICS Members (defined below) will receive certain benefits and exclusive offers that may be announced by ASICS from time to time.
These OneASICS terms and conditions (“Terms”) form the agreement between you (“Member” or “you”) and ASICS Oceania Pty Ltd (“ASICS”, “we,” “us,” and “our”) with respect to the OneASICS program. When accessing OneASICS or ASICS’ online channel for Australia (the “Website”), you are also subject to the Website’s Terms of Use (collectively with the Terms, the “Agreement”). For purposes of clarity, these Terms also incorporate by reference all of the terms set forth in our Website’s Terms of Use , including, without limitation, the arbitration clause and class action waiver provisions set forth therein. Capitalised terms herein that are undefined shall have their meaning as specifically set forth in the Terms of Service. In the event of any conflict between this Agreement and the Website’s Terms of Use, this Agreement will control.
By accessing or participating in the Program, you accept and agree to be legally bound by the Agreement, whether or not you sign-up as a Member of the Program. It is important that you review the Agreement regularly. We may impose limits on certain features, activities, promotions or services and may restrict, suspend, terminate your access to the Program, in whole or in part, at any time and for any or no reason, with or without prior notice and without liability.
Each time you access and/or use the Program, you agree to be bound by and comply with the Agreement and any Additional Terms (defined below). If you do not agree to Agreement, please do not participate in the Program. The business realities associated with operating the Program are such that, without the limitations that are set forth in these Terms -- such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – we would not make the Program available to you.
In some instances, both this Agreement and separate guidelines, rules, or terms of service, setting forth additional or different terms and/or conditions will apply to your use of the Program (in each such instance, and collectively, “Additional Terms”). For example, in addition to the Agreement, any contest, sweepstakes or other promotion we may offer as part of the Program or to Members, is and will also be subject to separate official rules (“Official Rules”) which will be posted in the Program during the applicable promotion period and which will govern Members’ participation, and our execution, of each such promotion. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Any information Members provide to us in connection with this Program or any contest, sweepstakes or other promotion or offer operated in connection with this Program is subject to ASICS’ Privacy Policy.
Table of Contents
Eligibility
Program Sign-Up
Earning Benefits
Member-Required Disclosures and Representations and Warranties
Benefits
Timing and Termination
Content, Ownership, Limited License and Rights of Others
Terms Applicable to User Content
Member Disputes
Code of Conduct
Program and Content Use Restrictions
Linked Sites and Advertisements; Dealings with Third Parties
Disclaimers
Limitation on Liability
Our Rights
Fraud
Indemnity
Update to Terms
Communications, Notices and Customer Service
General Provisions
1. Eligibility.
To participate in the OneASICS program, you must be at the time of Program enrollment: (i) at least sixteen (16) years of age with a valid email account; and (ii) a legal resident and physically located in Australia. . Employees, officers, directors, agents and representatives of ASICS are eligible for membership in the Program (“Membership”) but may be excluded from certain promotions. By being a Member of OneASICS, you can take part in special offers, services, events, rewards and much more offered by ASICS ASICS or ASICS partner companies from time to time during the Program Period (defined below). Details about Program benefits and offers can be found at [www.asics.com/au/en-au/oneasics].
By participating in the OneASICS program, you represent and warrant that you are at least sixteen (16) years of age and that you agree to this Agreement. ASICS reserves the right to disqualify Members in the event of fraud, abuse of OneASICS privileges or violation of the Agreement. Your Membership is personal, non-transferable and subject to this Agreement as well as any other rules, regulations, policies, and procedures adopted by ASICS as approved by you upon taking part of offers, rewards, making purchases and other related services. Membership is limited to individuals only and limited to one (1) account per individual. Companies, groups, associations or other entities, or others making commercial or bulk purchases are not eligible for Membership. The Membership may not be used for reselling or profit. It is your responsibility, and a condition for your Membership, to keep your email and contact details up to date in your Account.
2. Program Sign-Up.
To become a Program Member, eligible individuals may sign-up for this Program by visiting https://www.asics.com/au/en-au/login and clicking on the links and following the instructions on the sign-up form. Registration is free. Once registered you will have an online account to track your Program activity (referred to herein as “Member Account”). Individuals who sign-up for the Program and receive a Member Account are referred to in these Terms as, “Members.” Participation in the Program constitutes Member’s full and unconditional agreement to the Agreement and ASICS and ASICS’s decisions, which are final and binding in all matters related to the Program.
In connection with your Member Account, you agree that: (i) You will provide true, accurate, current, and complete information about yourself in connection with the sign-up process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (ii) You are solely responsible for all activities that occur under your Member Account – whether or not you authorised the activity; (iii) You are solely responsible for maintaining the confidentiality of your Member Account password and for restricting access to your Device so that others may not access the Program or your Member Account using your name, username, or password; (iv) You will immediately notify us of any unauthorised use of your Member Account, password, or username, or any other breach of security by calling us at the following phone number: 1300 139 743; and (v) You will not sell, transfer, or assign your Member Account. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate your participation in the Program. We also reserve the more general and broad right to terminate your Member Account or suspend or otherwise deny you access to either of them or their benefits – all in our sole discretion, for any reason, and without advance notice or liability.
3. Earning Benefits. Now or in the future, the Program may offer Members the ability to accumulate and redeem loyalty rewards points, benefits, offers, free trials, access to product previews or other Benefits (collectively, “Benefits”), on an individual basis and solely for Member’s own Member Account. From time to time, we may establish, at our sole discretion, activities pursuant to which Members may “earn” Benefits or other Benefits (“Qualifying Activities”). Examples of “Qualifying Activities” include, but are not limited to:
1. ASICS online or in-store purchases.
2. Completion of specially marked surveys that award Benefits in connection with this Program.
3. Participation in certain on-site ASICS event fan activations that specifically indicate that Benefits can be earned in this Program.
4. Registering for a Member Account.
5. Reading specific ASICS content (such as articles, videos, press releases) that are specially marked to award Benefits in this Program.
Qualifying Activities may be added, discontinued or be made available again, at any time, and from time to time in ASICS sole and absolute discretion.
To keep your Member Account active, Members must earn Benefits within the previous twelve (12) months. Benefits earned through the Program will expire as indicated in the advertising of the Benefit or twelve (12) months from the last day of Benefits-earning Qualifying Activity on the Member Account. If no new Benefits are earned for a consecutive twelve (12) month period, ASICS shall automatically expire all of your accrued, but unused redeemable Benefits. ASICS may, in its discretion, send you periodic notifications to remind you that your Benefits will expire upon the 12th month of inactivity. However, it is your responsibility to monitor your Program account and Benefits status. Additionally, if you fail to log-in to your Member Account for any consecutive twelve (12) month period, your Benefits will automatically expire. Please note that we reserve the right to institute additional expiration dates for Benefits, as determined in our sole discretion. Certain actions taken prior to Program sign-up may be eligible to earn Benefits, in ASICS sole and absolute discretion, and will be automatically credited by ASICS to your Member Account. Benefits are always subject to verification and eligibility determined by us, in our sole and absolute discretion.
We reserve the right, in our sole discretion, at any time during the duration of this Program, all as set forth in these Terms, to: (i) change the number of Benefits awarded, or to award no Benefits, for any particular Qualifying Activity, (ii) offer additional or new Qualifying Activities for a limited time or permanently, (iii) delete any or all means to earn Benefits, (iv) limit the number of times or frequency a Member may earn Benefits for engaging in a Qualifying Activity or engaging in the activity during a specific time period, and (v) offer Benefits earning opportunities to select groups of Members. Also, ASICS may offer Benefits for engaging in a Qualifying Activity under one set of rules for one promotion, and may opt not to offer Benefits for engaging in that same activity under a subsequent promotion. Once a Qualifying Activity has been successfully completed and verified, the corresponding number of Benefits will appear in your Member Account.
Each Member will be responsible for ensuring the accuracy of his/her Benefits earned. If a Member believes his/her Benefits are not accurate, or that Benefits earned were not credited, please call us at the following phone number: 300 139 743 within six (6) days of the end of the applicable activity. Benefits subsequently determined, in the sole discretion of ASICS, to be invalid, will be removed from a Member’s accumulation total
Any Benefits you earn by completing a Qualifying Activity are considered a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right solely for use towards the earning of Benefits. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your Benefits, which remain ASICS property at all times. Benefits have no “real world” or cash value and are not redeemable for cash, transferable or assignable for any reason or otherwise by operation of law. Benefits have no purpose or use except as offered via the Program. Accordingly, you may not purchase, sell, barter, or trade any Benefits, or offer to purchase, sell, or trade any Benefits or other virtual items. Benefits will not be valid unless earned in strict compliance with the requirements as established and intended by us, and Member shall not attempt to earn Benefits by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. ASICS reserves the right to take any other or additional action it deems appropriate, in its sole discretion, in the event that ASICS believes, in its sole discretion, that a Member (or Members) have violated this Agreement. You agree to abide by ASICS final and binding decisions regarding the Program and your participation in it.
4. Member-Required Disclosures and Representations and Warranties. In connection with certain Qualifying Activities, from time to time, Members may receive early access to ASICS content that is made available by us through the Program (“Official Content”), and, depending on your selected settings, may include a request for permission to post that Official Content on Member’s behalf at various third party social sharing sites, such as facebook.com, twitter.com, or other sites or services we make available from time to time during the Program (the “Approved Sites”), which Approved Site accounts are registered by Member with the Program (“Site Accounts”) or will provide Member with the option to disapprove Official Content if they have selected the “auto post” content option. Each participant enrolled in this Program (each, a “Member”) who submits or shares Official Content or User Content (defined below) on an Approved Site in connection with this Program is required by these Terms and by law to disclose anything of value that is received by the Member from ASICS or ASICS as encouragement for the Member’s sharing of such content.
You acknowledge and agree that if any such disclosures are included by ASICS within any messaging that you share from the Program, you will not edit, alter or otherwise remove these disclosures from the message. You acknowledge that any failure to abide by the requirements set forth in the previous sentence may result in the termination of your Member Account and forfeiture of all your Benefits. Additionally, if you choose to share Member Content or otherwise disclose your participation in the Program on your own or if the share functionality does not auto-generate the required disclosures, you agree to include the following statements as part of any message that mentions or otherwise references the Program, the User Content, the Official Content, or ASICS: (i) solely, for Tweets® on the Twitter® platform, you agree to include the hashtags “#OneASICSBenefits” and “#sponsored”; and (ii) in any other message posted on any other social media platform, site or blog, you agree to include the following statement directly below the message: “In exchange for sharing content about ASICS, I may earn Benefits or entries into promotions as part of OneASICSBenefits.” Members agree and represent and warrant to the following statements:
I will not post any information or content or conduct any activity that may violate, or which encourages the violation of, applicable local, state or federal laws or regulations and will promptly remove any such content upon request by ASICS or ASICS.
I will not post any information or content that may infringe any intellectual property or other right of any third party and will promptly remove any such third party content upon request by ASICS or ASICS.
I will strictly comply with all applicable Approved Site terms of service, Membership agreements, privacy policies, and other similar applicable governing documents of any third-party sites, services or venues that I use in performing Program activities, including, without limitation, Twitter’s Terms of Service and Facebook’s Terms of Service.
5. Benefits.
A. Benefits Generally. Once earned, Benefits will be available to Members in your Member Account and can be used as indicated in the advertising for the Benefit . Benefits, and the redemption thereof, and any other related information are subject to prior confirmation of eligibility, compliance with these Terms. Benefits will not be awarded until a Member is confirmed and the verification process is complete, in ASICS’ absolute discretion. ASICS makes no representations, warranties, or guarantees that any particular Benefit will be (or will continue to be) available or offered in the Program. Benefit availability may be limited and is on a first-come, first-served basis. ASICS reserves the absolute right to modify, change, delete or add Benefits, or any element thereof at any time. All redemptions are subject to these Terms and all limitations or requirements on the Website.
B. Forfeiture of Benefits. Any Benefits remaining in a Member Account thirty (30) days after the Program End Date (defined below) will be forfeited without compensation. The Benefits have no cash value and are only redeemable as part of offers available through the Program.
C. Sweepstakes. From time to time, as part of the Program activities, ASICS may elect to conduct sweepstakes, some of which may be open for entry only to Members and other which may be open to the general public (each a “Sweepstakes”). Benefits may also be redeemable for entries in each Sweepstakes that may be offered from time to time as part of the Program activities. All Sweepstakes are subject to all rules, terms and conditions of the Sweepstakes, and described in the Official Rules that accompanies the Sweepstakes. Methods of entry into the various Sweepstakes will be detailed in the Official Rules. Members may enter the Sweepstakes by redeeming the specified number of Benefits for the specified number of entries as described in the Official Rules.
D. Other Terms Applicable to Benefits. Benefits are provided “as is” with no warranty or guarantee, either express or implied by us. Benefits are not your personal property, and are not descendible, may not be inherited, bartered or sold to any third party. You cannot transfer Benefits nor have Benefits sent to any third party. Benefits may not be redeemed with us for money or exchanged with any third party for money. Some Benefits may have age eligibility requirements. We reserve the right to verify your eligibility qualifications prior to fulfilling a Benefit.
6. Timing and Termination. The “Program Period” will begin on [October 28, 2020] and will end on a date to be determined in ASICS sole and absolute discretion, which date shall be posted on the Program or sent to you via email (the “Program End Date”). ASICS makes no guarantee or representation as to the length of time during which the Program will be offered, and the Program could end at any time. ASICS reserves the right to cancel, modify, restrict, suspend or terminate this Program or any aspect or feature of the Program, including Benefits, and/or extend or shorten the current Program Period at any time without notice. After the Program End Date, Members will no longer be permitted to earn Benefits. Members will have thirty (30) days after the Program End Date (or the specific number of days noted in the Program ending announcement) during which to redeem any remaining Benefits in their Member Account. After such thirty (30) day period, all Benefits will expire and the Program will no longer be available, and no further liability will be owed by us to any Member. Any Benefits remaining in a Member Account thirty (30) days after the Program End Date will be forfeited without compensation. These Terms will remain in full force and effect while you use the Program and/or are a Member.
You may cancel your Membership at any time through the Privacy Portal or by logging into your account, selecting “Personal Details” and unregistering. Please note that cancelling your Membership means that you will only be able to shop at asics.com using the guest check-out.
ASICS may, at its sole discretion, terminate, alter, limit, suspend or modify OneASICS, and/or the Terms at any time, for any reason, without prior notice. ASICS reserves the right to revoke the Membership of any Member in OneASICS and/or revoke any or all benefits the Member may be entitled to, if in the sole opinion of ASICS, a Member abuses any OneASICS privileges, fraudulently uses OneASICS, fails to comply with these Terms, does not use the Membership account for more than twelve (12) months, or otherwise earns benefits through deception, forgery and/or fraud. In addition, OneASICS benefits or Member Accounts may not be merged, transferred, purchased, sold, assigned, auctioned or traded. Doing so, or attempts to do so, will void the Member Account. In the event that ASICS cancels your Membership or terminates OneASICS for any reason, all of your Member account benefits will be forfeited.
7. Content, Ownership, Limited License and Rights of Others.
A. Content. The Program contains a variety of: (i) materials and other items relating to ASICS and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Program, and the compilation, assembly, and arrangement of the materials of the Program and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of ASICS (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
B. Ownership. The Program (including past, present, and future versions) and the Content are owned or controlled by ASICS, ASICS and/or our licensors and certain other third parties. All Content included on the Program is used with the permission of ASICS, such as text, graphics, logos, icons, images, and audio clips. All right, title and interest in and to the Content available on the Program is the property of ASICS or our licensors or certain other third parties and is protected by Australia and international copyright, trademark, patent or other intellectual property rights to the fullest extent possible.
C. Limited License. Subject to your strict compliance with these Terms and any Additional Terms, ASICS grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Program explicitly for you for use as part of or to be incorporated into your User Content (“ASICS Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the ASICS Licensed Elements are made available on the Program; but we and our licensors and certain other third parties, as the case may be, retain ownership of such ASICS Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in ASICS sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or ASICS Licensed Elements, subject to certain Additional Terms. You may not distribute, modify, transmit, reuse, re-post, or use the Content on the Program for public or commercial purposes, including the text, images, audio, and video without ASICS written permission.
D. Rights of Others. When using the Program, you must respect the intellectual property and other rights of ASICS and others. Your unauthorised use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. ASICS respects the intellectual property rights of others.
8. Terms Applicable To User Content.
A. User-Generated Content.
(i) General. ASICS may now or in the future offer Members the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Program messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding ASICS Licensed Elements included therein, “User Content”). ASICS may allow you to do this through forums, blogs, message boards, social communities, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Content.
(ii) Non-Confidentiality of Your User Content. Except as otherwise described in the ASICS posted Privacy Policy or any Additional Terms, you agree that: (a) your User Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) ASICS does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon ASICS request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk.
In your communications with ASICS, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for vehicles, music, web sites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Program are deemed User Content and licensed to us as set forth below. In addition, ASICS retains all of the rights held by Members of the general public with regard to your Unsolicited Ideas and Materials. ASICS receipt of your Unsolicited Ideas and Materials is not an admission by ASICS of their novelty, priority, or originality, and it does not impair ASICS right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
(iii) License to ASICS of Your User Content. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User Content, you hereby grant to ASICS, and you agree to grant to ASICS, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to ASICS to your User Content, you also hereby grant to ASICS, and agree to grant to ASICS, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 8(A)(iii).
(iv) ASICS Exclusive Right to Manage our Venue. ASICS may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and ASICS may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party in connection with our operation of User Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention th