ASICS Membership Program
ASICS Oceania Pty Ltd (ABN 59 003 091 389) located at 10 Interchange Drive, Eastern Creek, New South Wales, 2766 (Company, our, us, we) runs a membership program in connection with purchases from Company owned or run retail stores (ASICS Stores) subject to the terms and conditions set out below (Terms and Conditions).
The Company may amend these Terms and Conditions from time to time without notice. It is your responsibility to regularly check these Terms and Conditions for any changes made prior to your use of the ASICS Membership Card. When you use your ASICS Membership Card you are deemed to agree to the version of these Terms and Conditions in existence at that time.
Membership is available to Australian resident individuals [with a valid email address] who are 18 years of age or over.
You may become a member and participate in the ASICS Membership Program by completing or returning an application form to an ASICS Store or returning it by post to:
ASICS Membership Program
10 Interchange Drive
EASTERN CREEK, NSW 2766.
Upon becoming a member, you will be issued with an ASICS Membership Card either at an ASICS Store or by post.
[The term of your membership is  years from the date we allocate your membership number or an ASICS Membership Card. Within [2 months] of the expiry date of your membership, the Company will seek to update your contact details and ascertain if you wish to continue your membership for another term.]
If your contact details change and you wish to maintain your membership please contact us by:
(a) emailing ASICS [Customer Service] at [firstname.lastname@example.org];
(b) calling ASICS [Customer Service] on +61 [2 9853 2300]; or
(c) by writing to ASICS Membership Program, 10 Interchange Drive, Eastern Creek, NSW, 2766.
If you are an [employee] of the Company, you are not eligible to participate in the ASICS Membership Program or use an ASICS Membership Card.
Your membership allows you to benefit from any promotions or awareness campaigns that are emailed to you by ASICS Oceania Pty
CONDITIONS OF USE
Your ASICS Membership Card is for personal use only and is not transferrable.
It is your responsibility to keep your ASICS Membership Card safe and present it at the time of making a purchase at an ASICS Store. Company is entitled to regard the person presenting the ASICS Membership Card at the time of purchase as the genuine cardholder.
The Company reserves the right to request Verification (see below) from the holder when an ASICS Membership Card [or Voucher] is presented at an ASICS Store.
If your ASICS Membership Card [or Voucher] is lost, stolen or damaged you may immediately report this by calling [02 9853 2300] during Sydney business hours. We will require you to supply [your membership number or] the ASICS Membership Card number [located on the back of the Card] and certain Personal Information (see below) for the purpose of verification and security checks (Verification). Company will endeavour to stop the ASICS Membership Card [or Voucher] being used without your authority once you notify us, but we accept no liability in the event that we are unable to stop such use.
The ASICS Membership Card remains the property of the Company at all times and nothing in these Terms and Conditions or on the ASICS Membership Card grants you ownership or any interest in any trade marks (including the ASICS name), logos, images, text, designs, graphics, domain names, photographs, illustrations or other material and subject matter that may appear on the ASICS Membership Card or any packaging used for the ASICS Membership Card.
It is your responsibility to keep your email address and contact details provided to the Company up to date at all times. If your email address or contact details become invalid, the Company may de-activate your ASICS Membership Program membership until such a time as you re-activate your membership. If your membership is de-activated, you automatically forfeit for the period of de-activation all your benefits issued under the ASICS Membership Program.
You acknowledge and agree that these Terms and Conditions apply only to your use of the ASICS Membership Card and do not extend to any ASICS products that you purchase using the ASICS Membership Card. All ASICS products purchased using the ASICS Membership Card will be subject to Terms of Trade (Retail Stores). The Terms of Trade (Retail Stores) will prevail to the extent of any inconsistency with these Terms and Conditions.
All competitions and other offers within the ASICS Membership Program may be subject to a separate set of terms and conditions, which will apply to you if you decide to participate in the said competition or offer.
You may terminate your membership of the ASICS Membership Program at any time and without reason by:
selecting the unsubscribe option on emails concerning the ASICS Membership Program sent to you by the Company;
emailing [Customer Service] at [email@example.com];
calling [Customer Service] on [02 9853 2300]; or
giving written notice to ASICS Membership Program, 10 Interchange Drive, Eastern Creek, NSW, 2766.
The Company reserves the right at any time, without prior notice and in its absolute discretion to suspend, vary or terminate the ASICS Membership Program and/or these Terms and Conditions.
LIMITATION OF LIABILITY
The Company does not accept any liability for any loss or damage associated with suspensions, variations or terminations of the ASICS Membership Program or of associated memberships.
The Company does not accept liability for any misdirected benefits or for any failure to apply accrued benefits to your ASICS Membership Card.
[The Company does not accept any tax liability that may arise in connection with any benefit attaching to your holding or using the ASICS Membership Card.]
Under no circumstances, including, but not limited to, the Company's negligence, shall the Company be liable for any indirect, consequential, incidental, punitive or special damages that result from your membership or use of an ASICS Membership Card, even if the Company or an authorised representative of the Company has been advised of the possibility of such damages. To the extent that the Competition & Consumer Act, 2010 (Act) does not allow the exclusion or limitation of consequential or incidental damages, the above limitation or exclusion may not fully apply to you.
Without limitation to the foregoing and to the extent permitted by law, Company, its related bodies corporate and their officers, employees, contractors and agents will not be liable for any loss, damages, claims, causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise), or costs (including legal costs and expenses on a full indemnity basis) arising out of or in connection with your use or inability to use the ASICS Membership Card (Claims). If this provision is unenforceable in whole or in part in any jurisdiction due to relevant laws in that jurisdiction, then in no event will the liability of the Company to you for any Claims or anything else exceed the value of [any unused ASICS Membership Voucher during the Redemption Period] less any portion of that value that has been lost due to your actions or negligence, including if stolen.
The Company will collect your Personal Information when you become a member of the ASICS Membership Program.
By signing-up to the ASICS Membership Program, you consent to:-
the Company collecting Personal Information about you for the purpose of your participation in the ASICS Membership Program; and
These Terms and Conditions represent the entire binding agreement between you and the Company, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding the ASICS Membership program.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remaining provisions in these Terms and Conditions which will continue in full force and effect.
No waiver of any obligation or right by the Company will be effective unless in writing and executed by the Company.
These Terms and Conditions will be governed and construed in accordance with the laws of New South Wales, Australia. 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 and Conditions. 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 and Conditions.