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Submitted URL: https://click.link.adidas.com/?qs=79358756f2bec120615b7d9b3cdcc064d6b791a78549e4923e397d867fa35458423d8f8110dd5c87e585b50c96f5...
Effective URL: https://www.adidas.co.za/terms-and-conditions-adiclub.html?cm_mmc=AdiEmail_SNL-_-Other-_-20230905_adiClubRedemptionServic...
Submission: On September 05 via api from ZA — Scanned from DE
Effective URL: https://www.adidas.co.za/terms-and-conditions-adiclub.html?cm_mmc=AdiEmail_SNL-_-Other-_-20230905_adiClubRedemptionServic...
Submission: On September 05 via api from ZA — Scanned from DE
Form analysis 4 forms found in the DOM
Name: simpleSearch — GET /search
<form role="search" action="/search" method="get" name="simpleSearch">
<input class="form-control search-field" type="search" name="q" value="" placeholder="Search" autocomplete="off" aria-label="Search">
<div class="suggestions-wrapper" data-url="/on/demandware.store/Sites-adidas-ZA-Site/en_ZA/SearchServices-GetSuggestions?q=" data-min-chars="3.0"></div>
<button type="submit" name="search-button" class="btn-search" aria-label="Submit search keywords">
<img src="/on/demandware.static/Sites-adidas-ZA-Site/-/default/dw73a574ff/images/search.svg" alt="">
</button>
<input type="hidden" value="en_ZA" name="lang">
</form>Name: simpleSearch — GET /search
<form role="search" action="/search" method="get" name="simpleSearch">
<input class="form-control search-field" type="search" name="q" value="" placeholder="Search" autocomplete="off" aria-label="Search">
<div class="suggestions-wrapper" data-url="/on/demandware.store/Sites-adidas-ZA-Site/en_ZA/SearchServices-GetSuggestions?q=" data-min-chars="3.0"></div>
<input type="hidden" value="en_ZA" name="lang">
</form>Name: dwfrm_caseCreation — POST /on/demandware.store/Sites-adidas-ZA-Site/en_ZA/CaseCreation-Submit
<form action="/on/demandware.store/Sites-adidas-ZA-Site/en_ZA/CaseCreation-Submit" class="case-creation-form" method="POST" name="dwfrm_caseCreation" id="dwfrm_caseCreation">
<div class="form-group">
<div role="radiogroup" class="radio-group request">
<div class="radio-input radio-input-vertical">
<label class="radio-input_option">
<input type="radio" class="radio-input_input" value="Data Export" id="export" data-missing-error="This field is required." name="dwfrm_caseCreation_request" required="" aria-required="true">
<span class="radio-input_label">Send me my data</span>
</label>
<label class="radio-input_option">
<input type="radio" class="radio-input_input" value="Data Portability" id="portability" data-missing-error="This field is required." name="dwfrm_caseCreation_request" required="" aria-required="true">
<span class="radio-input_label">Send me my machine readable data</span>
</label>
<label class="radio-input_option">
<input type="radio" class="radio-input_input" value="Data Deletion" id="delete" data-missing-error="This field is required." name="dwfrm_caseCreation_request" required="" aria-required="true">
<span class="radio-input_label">Delete my data & account</span>
</label>
</div>
</div>
</div>
<div class="formsection">
<p>Share your details to complete your request.</p>
<div class="form-group mb-3
required">
<label class="form-control-label" for="lastName"> Last Name </label>
<input type="text" class="form-control" id="lastName" data-missing-error="Please enter your last name" name="dwfrm_caseCreation_lastname" required="" aria-required="true" value="" maxlength="100" pattern="(^[a-zA-Z ,.'-]+$)">
<div class="invalid-feedback"></div>
</div>
<div class="form-group mb-3
required">
<label class="form-control-label" for="email"> Email </label>
<input type="email" class="form-control" id="email" data-missing-error="Please enter a valid e-mail address" name="dwfrm_caseCreation_email" required="" aria-required="true" value="" maxlength="50" pattern="^[\w.%+-]+@[\w.-]+\.[\w]{2,6}$">
<div class="invalid-feedback"></div>
</div>
<p>By clicking the REQUEST button below, I hereby certify under penalty of perjury I am the individual who is subject to this request (or that I have the authority to submit this request on behalf of such individual)</p>
<input type="hidden" name="csrf_token" value="kZF8T6qBvzKwLCkiy4XmlW3fIyEcT0ywWB7W0r6cfTIHiTtncctdEEUBG5QEEbckH9ULnJNigBUVHHA86jlJ75O1F6zKeEqgxSSTsfnCyM-yko705di_Tj93LDqt9aYf6qdCj-ukLUx3ADNCIIi4ru-v2hB6Xbld1I_jy7wKmmtdNVZoe90=">
<div class="row submit-btn">
<div class="col-3">
<button type="submit" class="btn btn-block btn-primary" id="gdprsubmit"> Request <div class="right_arrow_main">
<img class="icon icon-arrow-black" src="/on/demandware.static/Sites-adidas-ZA-Site/-/default/dw88188f14/images/long-arrow-right-black.svg" alt="">
<img class="icon icon-arrow-white" src="/on/demandware.static/Sites-adidas-ZA-Site/-/default/dw6f4c3098/images/long-arrow-right-white.svg" alt="">
</div>
</button>
</div>
</div>
</div>
</form>POST
<form id="fileUploadForm" enctype="multipart/form-data" method="post" target="fileUploadIframe"><input type="file" id="fileSelector" name="file" style="display: none;"><input name="filename" type="hidden"></form>Text Content
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* South Africa
TERMS & CONDITIONS ADIDAS ADICLUB
Welcome to adiClub (the “Club”). The Club includes a membership program and a
subscription to the adidas running and training apps as further set out below.
The Club is organised by adidas South Africa with company number, whose
registered address is [adidas SA (Pty) Ltd - 2nd Floor, Unit 2C, Black River
Park North, Fir Road, Observatory, Cape Town, 7925, South Africa P.O. Box 12990,
Mowbray, 7705
and VAT number is [ZA4080102165] (“adidas,” “we,” or “us”). When we refer to
"you" or "your" we mean you, the person accessing these terms and conditions
(the “Terms”). These Terms govern your participation in the Club and by
participating in the Club, you agree to be bound by these Terms. By joining the
Club you also agree to be bound by our eCom terms and conditions,
accessible https://www.adidas.co.za/terms.html ("eCom Terms and Conditions").
If you are a consumer, as defined in the Consumer Protection Act 68 of 2008
("Consumer Protection Act") we have a duty to point out certain important terms
to you. The clauses which contain these important terms and reasons why they are
important are set out below.
* Limitations of risk, legal responsibilities and liability. Clauses 3, 5, 7,
13, 14 are important because they limit and exclude obligations, liabilities
and legal responsibilities that we may otherwise have to you. As a result of
these clauses, your rights and remedies against us and these other persons
and entities are limited and excluded. These clauses also limit and exclude
your right to recover or make claims for losses, damages, liability or harm
you or others may suffer.
* Assumption of risk, legal responsibilities and liability to you. Clauses 2 ,
3, 5, 7, 8, 12, 13 are important because you take on risk, legal
responsibilities and liability. As a result of these clauses, you may also be
responsible for claims and other amounts. You will also be responsible for,
and accept, various risks, damages, harms, and injury which may be suffered
by your and others for what is stated in these clauses. These clauses waive
your rights, and as a result, we may not have to perform our duties and you
may not become aware of information that you may need to protect yourself.
* Acknowledgement of fact by you. Clause 1 is important because it contains
statements which are acknowledgements of fact by you. You will not be liable
to deny that the statements are true. We may take action against you and may
have claims against you as a result of these statements. You will not be able
to take any action against us if you suffer harm as a result of these
statements.
Please read these Terms carefully.
1. ELIGIBILITY
To participate in the Club, you must be at least 18 years old and a legal
resident of the South Africa. By enrolling and participating in the Club, you
confirm that you meet these eligibility requirements.
For a high-level summary of how to join the Club, how to earn points, available
rewards and how to redeem the rewards, please visit [
https://www.adidas.co.za/adiClub ]. You may also visit our FAQ section on the
Club by clicking [ https://www.adidas.co.za/adiclubnewsletter.html ]. For more
details, please keep reading below.
2. JOINING THE CLUB
If you meet the eligibility criteria above, you can join the Club by filling out
a registration form on [ https://www.adidas.co.za/], on the adidas mobile apps
or in adidas retail stores. No purchase is required to join the Club. Only one
account is allowed per individual. If you join the Club, you agree to provide
and maintain true, accurate, current and complete information about yourself as
prompted by the registration form.
3. EARNING POINTS
As a member of the Club, you will earn points for purchases (except whilst using
or purchasing gift cards) that you make on the ZA version of our official
website [ https://www.adidas.co.za/] (the "Website"), the ZA version of our
official mobile applications: the adidas App or the Confirmed App (together, the
"App") or in participating adidas retail stores in the ZA ,South Africa , as set
forth in Annex A to these Terms (the "Stores") (together, the "Eligible
Channels"). For every ZAR 1 spent you will earn 3 points. .
Purchases include purchases of regular and sale priced merchandise. Purchases at
stores other than the Eligible Channels will not qualify for points (even if you
purchase adidas products). If you return purchased items, the points earned by
those items will be deducted from your points total.
In addition to earning points for purchases, you can also earn points for
certain interactions with us. The number of points available will be as set out
at [ https://www.adidas.co.za/]. These include but are not limited to:
* Welcome bonus: When you first successfully register as a member of the Club,
we will automatically credit your account with points to thank you for
joining.
* Profile bonus: If you submit a complete profile on the App or Website then
you will be awarded additional points. This profile bonus can only be earned
once. Subsequent changes to your profile will not be awarded points, unless
explicitly stated by us at that time.
* Birthday bonus: You may be eligible for bonus points on your birthday based
on your level. This will be automatically credited to your membership
account. Birthday bonus points will be awarded only once during a calendar
year.
From time to time, we, in our sole discretion, may change, discontinue, or add
interactions where you can earn points and change the number of points earned,
with or without prior notification to you.
You must provide your adidas membership identification (email address or
membership ID) in the Stores, or be logged into your adidas account on the
Website or App to receive the eligible points for your purchases or
interactions. In the event you are unable to receive eligible points due to not
being logged in or your identification not being accepted as proof, you may
contact the adidas customer services team [ https://www.adidas.co.za/returns
] with the required proof to redeem the points for your purchases or
interactions.
Existing adidas account holders can start earning points from the day they have
been migrated to the Club, and no prior transactions or interactions will be
eligible for points. New members will start earning points from the date they
register for the Club, and no prior transactions or interactions will be
eligible for Points save that when you have provided your email address (for the
purpose of being contacted in relation to Club membership) in our Stores whilst
making a purchase and you subsequently join the Club, we shall award you the
points for that purchase to your Club membership. Membership start dates for the
Club may vary for members depending on their account type.
4. EXPIRATION OF POINTS
Club points will remain valid for 12 months. This period will always finish at
the end of the month. As an example, if you earned points on June 9, 2019, they
will expire on June 30, 2020, unless adidas explicitly states otherwise. Points
cannot be transferred between members. Points have no cash value and cannot be
exchanged for cash.
Points to Spend
To reward our most loyal members, there will be more adiClub benefits for those
who earn points on a regular basis. Points to Spend will expire, on a rolling
basis and at the end of the Calendar month, 12 months after your last purchase
or activity that earned you Points to Spend. But because all good things must
come to an end, any Points to Spend can only be retained for a maximum period of
36 months - at the end of the month - before they expire automatically. Please
note that neither a purchase later fully returned nor the birthday bonus will
extend the expiration of your Points to Spend.
Example: If you earned Points to Spend on 1 January 2022 and 10 January 2022,
all your Points to Spend will be saved until the end of January 2023. However,
if you made a purchase on 21 June 2022 and earned some more Points to Spend, all
your Points to Spend will be available for 12 months after that purchase until
the end of June 2023. The Points to Spend earned in January 2022 will in any
case not be available anymore after the end of January 2025.
Points to spend cannot be transferred between members. Points to spend cannot be
exchanged for cash.
5. CLUB LEVELS
adiClub has four separate levels. You can move up through the different levels
by earning points.
LEVEL 1 is the entry-level for members with 0 – 4,999 points. You just need to
register for the Club to be part of this level, and no purchase is required.
LEVEL 2 for members with 5,000-19,999 points.
LEVEL 3 for members with 20,000-49,999 points.
LEVEL 4 for members with 50,000 points or more.
You can climb to the higher levels of LEVEL 2, LEVEL 3, and LEVEL 4 by
accumulating the number of points mentioned above within 12 months of the end of
the month of registration or current level entry (the “Membership Year”). At
higher levels (e.g. LEVEL 2, LEVEL 3, and LEVEL 4), you can access even greater
benefits. If level upgrades are achieved by acquiring points through purchases
of our products, we reserve the right to delay this upgrade for a period that is
equal to the applicable return period for the purchased product(s).
You must meet the requalification requirements at the end of your membership
year in order to remain at your current level. If not, you will be downgraded to
the level below. Returns can cause you to drop down multiple levels. For
example, if you return an order or product, the points earned will be deducted,
which could cause you to drop by that number of points.
6. LEVEL REQUALIFICATION
If you are in the LEVEL 2, LEVEL 3, or LEVEL 4 and you do not earn enough points
during the current requalification period, you will be downgraded to the next
level down, regardless of the number of qualification points you have
accumulated by this date.
The requalification period starts on the date you reached a new level and ends
12 months later, always at the end of the month. The number of points you need
in order to requalify for your current level is equal to the minimum point
balance needed to enter that level.
Points earned after your last level entry will count towards requalification
points. The new requalification period will start on the exact date of that
level upgrade and end 12 months later at the end of the month. After a level
upgrade, your requalification points will be set to 0.
If you do not earn enough points for your level during the requalification
period, you will be downgraded. The downgrade will take place after the last day
of the requalification period, which is always at the end of the month.
If you are downgraded, your new requalification period will start on the exact
date of your downgrade and end 12 months later at the end of the month, unless
you upgrade during this period. After a level downgrade, your requalification
points will be set to 0. If a member does not earn enough points for their level
within the requalification period, they will be downgraded. The downgrade will
take place after the last day of the requalification period, which is always at
the end of the month.
7. REWARDS
Entry and progress through each of the above-mentioned levels will unlock a set
of new rewards for members as set out here Adidas/adiClub-rewards.
* You will have access to the rewards in your current level and the levels
below them. For example, a LEVEL 3 will have access to the rewards from the
LEVEL 3 as well as LEVEL 2 and LEVEL 1 levels (except for the lower levels
entry discount vouchers).
* Certain rewards will be conditional upon you agreeing to separate terms and
conditions applicable to that reward which will be made available to you when
redeeming that reward. In addition the following terms and conditions apply
to the following specific rewards:
* Discount Vouchers: These are single use discount vouchers that are unlocked
when you enter a new level. These will have limited validity periods and
maximum discount values of which details will be communicated to you on
receipt of the discount vouchers. Certain product exclusions may apply. These
discount vouchers may not be combined with other promotions or discounts.
* Early access to product launches: You will get early access to certain adidas
product launches. These will exclude Hype product launches and is subject to
pre-allocated stock availability for members.
* Free subscription to the adidas running and adidas training apps: available
from entry into the Club and subject to acceptance of any applicable terms of
use.
* Premium subscription to the adidas running and adidas training apps: You will
get a subscription to Runtastic Premium for the term indicated for your
level, subject to acceptance of any applicable premium membership terms. For
the avoidance of doubt, the subscription may be revoked if when returning an
order this results in a level downgrade.
* Free personalisation: This reward entitles you to personalise your products
from the Eligible Channels for free. This reward will only apply to select
Member activations and promotions as per the sole discretion of adidas ZA.
This is capped to a maximum of 10 product personalisation requests per
membership year.
* Hype priority access: You will get priority access to Hype product launches.
However, this does not guarantee that you will get the Hype product if you
participate. This reward depends on the availability of Hype product
launches.
* Early access to sales: You may receive early access to certain sales that we
make available. The duration of early access may vary between sales and could
also depend on which level you are in at the time of the sale. Our standard
terms and conditions for sales will also apply.
* Some orders placed online via the website or App will qualify for Free
Shipping. This will only be applicable on select activations as per the sole
discretion of adidas ZA.
Specific rewards (whether products or experiences) are available while supplies
last and may be subject to change, discontinuance, limitations, and
substitutions by us, at its discretion and at any time without notice.
8. USE OF POINTS TO SPEND
Points to Spend can be redeemed in a variety of ways, including but not limited
to:
a. Vouchers
You will be entitled to redeem your Points to Spend to get a voucher (e.g. a 20%
off voucher) (“Voucher”). The Voucher may then be used to make an order on the
App, on the Website, or in the Stores. Every 60 days and per membership account,
you can use your points to get up to one voucher of every type, each providing a
different discount percentage. The Voucher cannot be used to purchase gift cards
or certain products and are only valid for 60 days. See product description
pages for details. Additional exclusions may apply, and any additional terms and
conditions will be presented to you when making a purchase.
You can only use one Voucher at any one time when making a purchase, and it
cannot be combined with any other vouchers or discount codes or be applied to
discounted items. The Voucher will only apply to the product price and will not
apply to any delivery costs.
No Voucher can be exchanged, transferred, or redeemed for cash or Points to
Spend. You may only use a Voucher for personal, non-commercial use and must not
sell any Voucher. Vouchers may not be used in sales or promotional activities,
including as giveaways or prizes in competitions. We reserve the right to cancel
any Voucher that we suspect has been resold or obtained in connection with an
unauthorized sales or promotional activity.
If you return any products that you have purchased online using a Voucher, you
will not be entitled to a refund of Points to Spend but provided you have
returned all of the products purchased using the Voucher, you will be entitled
to speak to a member of the adidas customer services team to request a new
Voucher (details on contacting the customer services team are set out below in
the CONTACTING US Clause).
b. Good causes
When made available to you, you will be entitled to use your Points to Spend to
make a contribution to a good cause as further set out in the Club. Any
additional terms and conditions will be presented to you prior to making a
contribution.
9. USE OF ACCOUNT
You are responsible for maintaining the confidentiality of your password and
account, and are fully responsible for any and all activities that occur under
your password or account. The Club is for your personal use only. You must not
share your adidas membership identification and/or password or in any way make
them accessible to others. You must immediately inform the adidas customer
services team (details set out below in Clause 12) of any unauthorised use of
your password or account or any other breach of security.
You agree that you shall not:
* access, use, reproduce, modify, download, sell, transfer, publish or
otherwise make available your membership of the Club for any commercial
purposes;
* do any act or thing that might damage, disrupt or otherwise interfere with
the operation of the Club;
* abuse your membership of the Club or use it for any unlawful or unauthorised
purpose (which include transmitting any computer viruses through your account
or using your account in a manner which is discriminatory, offensive,
abusive, malicious, defamatory or other violates or infringes the rights of
anyone else);
* and transfer, sale or barter (or attempt to transfer, sale or barter) any of
your rewards or member exclusive promotional offers.
10. RIGHT TO WITHDRAW FROM THE CLUB MEMBERSHIP AGREEMENT
You may withdraw from your Club membership within 14 days of the date on which
you enrolled in the membership without stating any reasons. To exercise this
right of withdrawal, you must inform us of your decision to withdraw from your
Club membership by sending us a clear declaration (e.g. a letter sent by post)
stating your decision to withdraw from the agreement. Please use the following
contact details: adidas AG, c/o adidas Customer Service, Withdrawal Department,
Hoogoorddreef 9a, 1101 BA Amsterdam, The Netherlands.
To exercise your right pursuant to this section you may also use the following
form:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of
sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Email address of consumer(s) which is used to register a Club membership.
Date
You may also withdraw from the Club membership electronically by filling in the
explicit withdrawal declaration on our Website at [ https://www.adidas.co.za/]..
or by deleting your account by going to the “Data settings” in the footer of our
Website and select the option “Delete my data & account” within the withdrawal
term. If you use one of these options, we shall confirm receipt of order
withdrawal via email.
11. CONSEQUENCES OF WITHDRAWAL FROM THE CLUB MEMBERSHIP AGREEMENT
If you withdraw from your Club membership on the basis of your right of
withdrawal as set out above, the Club will become inaccessible to the you and
you shall refrain from using your Club membership and from making it available
to third parties.
If you withdraw from your Club membership on the basis of your right of
withdrawal as set out above, we will refrain from using any data, which is not
personal data, which was provided or created by you when participating in the
Club, except where such data
· (i) has no use outside the context of the Club membership
· (ii) is exclusively related to your use of the Club membership,
· (iii) has been aggregated by us with other data and cannot be disaggregated
or can only be disaggregated with disproportionate effort, or (iv)was generated
by you together with other customers, provided that other customers can still
use the data.
Upon your request, we will make available to you any data, which is not personal
data, which was provided or created by you when participating in the Club,
except in the situations under this clause 10 (i), (ii) and (iii) as mentioned
above.
If you use the option to delete your account (via “Delete my data & account” as
stipulated in Clause 9 above) to withdraw from your Club membership and you want
to receive a copy of your data, please make sure to download it before you
delete your account by going to the ‘Data Settings’ in the footer of our Website
and selecting the option ‘Send me my data’ or ‘Send me my machine readable
data’.
Please note that if you have requested a copy of your data we process, your
account can only be deleted after the export is completed, because otherwise, we
would no longer be able to comply with this request.
For the consequences of withdrawal in respect of any data that qualifies as
personal data, the provisions of the Privacy Notice apply
12.TERMINATION; EXPIRATION; CHANGES TO THE CLUB
Notwithstanding the above, you may cancel your Club membership at any time by
logging in to your account on the Website or App.
We may cancel your Club membership at any time, if we determine that you (a) are
ineligible in accordance with Clause 1 above, (b) have violated any of these
Terms, any of the eCom Terms and Conditions, any applicable product terms of
sale or any applicable law or regulation, or (c) engaged in any deception,
forgery, fraud or committed any other abuse of the Club.
We reserve the right to revoke some or all of your points or rewards if we
determine that you received points or a reward due to an error, through fraud or
deception, or in any manner not authorised.
If you or we cancel your Club membership, you will lose all your accumulated
points. If you cancel Link your membership, you may choose to rejoin the Club by
registering on the Website or the App. When restarting your Club membership,
your previously-earned points will not continue to your new Club membership.
In the event of your cancellation of the Club membership, the following applies
with regard to the data provided upon registration for the Club and uploaded,
posted, transmitted, published, displayed or otherwise made available through or
in the scope of the Club membership thereafter:
* any rights granted to us in relation the data, which is not personal data,
shall expire. This does not, however, apply if such data:
* has no use outside the context of the Club membership,
* is exclusively related to your use of the Club membership
* has been aggregated by us with other data and cannot be disaggregated or can
only be disaggregated with disproportionate effort, or
* was generated by you together with other customers, provided that other
customers can still use the data
For personal data, the provisions of the Platform’s Privacy Notice shall
prevail.
* we shall, at your request, provide you with the data, which is not personal
data, free of charge, within a reasonable period of time and in a common and
machine-readable format after the cancellation becomes effective. This does
not apply if such data:
* has no use outside the context of the Club membership
* is exclusively related to your use of the Club membership, or
* has been aggregated by us with other data and cannot be disaggregated or can
only be disaggregated with disproportionate effort.
For personal data, the provisions of the Platform’s Privacy Notice shall
prevail.
We may make minor changes to the Club and/or these Terms from time to time (if,
for example, there is a change in the law that means we need to change these
Terms, we add new rewards, add possibilities to earn points, modify Club
functionalities or modify the technical environment). Please check these Terms
regularly to ensure that you understand the up-to-date terms that apply in
relation to your membership of the Club.
For any significant changes to these Terms that will materially adversely impact
you or if we choose to discontinue the Club then we shall provide you with six
months' written notice.
13. CONFORMITY
We have a legal obligation to make sure that the Club conforms to the contract.
As part of this legal obligation, we may, from time to time, offer and request
you to update the Club for security and technical reasons. It is your
responsibility to install such updates without delay and to update the operating
system of your end device if this is required for such updates. We will not be
liable for any lack of conformity of the Club resulting from the lack of the
relevant update when you fail to install the update that we supplied to you.
If the Club does not conform with the contract and/or the statutory conformity
requirements, you have the right to have the Club brought into conformity
throughout the duration of supply. Your right to claim lack of conformity
expires two (2) years from the time of supply of the Club membership or the
expiry of twelve (12) months after the end of the supply period (whichever
period is longer). If a defect has become apparent within the aforementioned
limitation period, the limitation period shall not expire before the expiry of
four (4) months after the time when the defect first became apparent. You will
reasonably cooperate with us to assess whether the cause of the lack of
conformity lies in your digital environment. If you do not provide such
cooperation, the burden of proof of any conformity will lie with you.
14. DISCLAIMER AND LIMITATION OF LIABILITY
If we fail to comply with these Terms, we are responsible for loss or damage you
suffer that is a foreseeable result of our breach of these Terms or our
negligence, but we are not responsible for any loss or damage that is not
foreseeable. Loss or damage is foreseeable if it is an obvious consequence of
our breach or if it was contemplated by you and us at the time we entered into
these Terms.
Nothing in these Terms excludes or limits our liability for:
* death or personal injury caused by our negligence;
* fraud or fraudulent misrepresentation ; or
* any matter in respect of which it would be unlawful for us to exclude or
restrict our liability.
15. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of The Netherlands. This does not
affect the applicable mandatory rights under the law of your country of
residence.
You may bring any dispute which may arise under these Terms to – at your
discretion - either the competent court of Amsterdam, the Netherlands, or to the
competent court of your country of habitual residence if this country of
habitual residence is an EU Member State, which courts are – with the exclusion
of any other court - competent to settle any of such a dispute. We shall bring
any dispute which may arise under these Terms to the competent court of your
country of habitual residence if this is in an EU Member State or otherwise the
competent court of Amsterdam, the Netherlands.
16. MISCELLANEOUS
Each of the clauses of these Terms operates separately. If any court or relevant
authority decides that any of them are unlawful or unenforceable, the remaining
clauses will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms,
or if we do not enforce our rights against you, or if we delay in doing so, that
will not mean that we have waived our rights against you and will not mean that
you do not have to comply with those obligations. If we do waive a default by
you, we will only do so in writing, and that will not mean that we will
automatically waive any later default by you.
If you wish to have more information on online dispute resolution, please follow
this link to the website of the European Commission:
http://ec.europa.eu/consumers/odr/. This link is provided as required by
Regulation (EU) No 524/2013 of the European Parliament and of the Council, for
information purposes only. We are not obliged to participate in online dispute
resolution.
17. CONTACTING US
Should you have any questions about these Terms or the Club or have any reasons
for a complaint you can contact us by clicking Help
PLEASE RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE ADIDAS
WEBSITE OR APP FREQUENTLY FOR ANY CHANGES TO THESE TERMS.
Last Updated: September 2023.
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