Welcome to the OneASICS™ membership program ("OneASICS" or "Program"). OneASICS is a membership program provided by ASICS Oceania Pty Ltd ("ASICS", "we" or "us") and executed by Brittain Wynyard & Co. Ltd located at 24 Heather Street, Parnell, Auckland 1052, an authorised ASICS distributor in New Zealand (the "Partner"). These terms and conditions ("Terms") govern your enrollment and participation in the Program ("Membership").
The Program will be provided via the designated ASICS website ("Website") managed by the Partner, which is governed by separate terms and conditions, available at https://www.asics.com/nz/en-nz/terms-of-use. Furthermore, separate guidelines, rules and/or terms of service setting forth additional or different terms and/or conditions may apply to your use of specific features or elements included in the Program (in each such instance, and collectively, "Additional Terms"). Such Additional Terms will be provided to you in the Program. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will apply unless the Additional Terms expressly state otherwise.
2. Eligibility for Membership
To be eligible to sign-up for OneASICS, you must:
- be an individual;
- be at least 16 years of age;
- have a valid email account; and
- be a legal resident and physically located in New Zealand.
If you meet all the above conditions you are eligible to become a member of OneASICS ("Member"). Once registered as a Member, you will be provided with an online account to track your Program activity ("Member Account"). Membership is limited to 1 account per individual.
3. How to sign-up
To sign-up as a Member of OneASICS you can visit the registration page and fill out the registration form. The Membership is free of charge and does not require you to make any purchase.
Your Membership is personal, non-transferable and may not be used for reselling or profit. It is your responsibility to keep your personal information, such as email and other contact details, up to date in your Member Account. Regarding the collection and use of personal information, please refer to Article 17 of these Terms.
Benefits (as defined below) will not be awarded until a Member is confirmed and the verification process is complete, in ASICS’ absolute discretion. Some Benefits may have age eligibility requirements.
- General Benefits. ASICS or any affiliates of ASICS and/or the Partner may provide Members from time to time with special offers, services, events, rewards and much more (collectively, "Benefits") during the term of their participation in the Program. These Benefits may include, for example:
The Benefits are offered on an individual basis and solely for each Member’s own Member Account.
- Special Benefits. 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 others which may be open to the general public ("Sweepstakes"). All Sweepstakes are subject to all rules, terms and conditions of the Sweepstakes, and described in the specific Additional Terms that accompany the Sweepstakes.
5. How to earn Benefits
- Qualifying Activities. From time to time, ASICS may establish, at its sole discretion, activities pursuant to which Members may "earn" Benefits ("Qualifying Activities"). These activities may include (without limitation) ASICS online or in-store purchases, completion of specially marked surveys, participation in certain on-site ASICS event fan activations, registering for a Member Account, or reading specific ASICS content.
Once a Qualifying Activity has been successfully completed and verified, the corresponding number of Benefits will appear in your Member Account.
- Value. 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, offer to purchase, sell, or trade any Benefits or other virtual items. Members shall not attempt to earn Benefits which are obtained by any sort of malicious action (including, without limitation, by using any script, bot or other automated means).
- Changes. ASICS may, in its sole discretion, at any time during the duration of this Program, decide to change the number of Benefits awarded for any particular Qualifying Activity, delete any or all means to earn Benefits, limit the number of times or frequencies a Member may earn Benefits for engaging in a Qualifying Activity or engaging in the activity during a specific time period, and offer Benefits earning opportunities to select groups of Members.
6. Validity of Benefits
Benefits will not be valid unless earned in strict compliance with the requirements as established and intended by ASICS. Once earned, Benefits will be available to you personally in your Member Account until the earlier of the expiry date communicated in the information related to the respective Benefit, or 12 months after the last Qualifying Activity registered in your Member Account, or the date referred to in Article 7.
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 contact us: email@example.com.
7. Term and termination
- Program period. The "Program Period" will begin on November 10, 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 ("Program End Date"). ASICS makes no guarantee as to the length of time during which the Program will be offered, and the Program could end at any time. After the Program End Date, Members will no longer be able to earn Benefits.
You will have 30 calendar days after the Program End Date (or the specific number of days noted in the Program ending announcement) during which you may redeem any remaining Benefits in your Member Account. After such 30 calendar day period, all Benefits will expire and the Program will no longer be available. Any Benefits remaining in a Member Account 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.
- Termination by Members. You may cancel your Membership at any time by contacting us at [insert contact details]. Please note that cancelling your Membership means that (i) all of your Member Account Benefits will be automatically forfeited, and (ii) you will only be able to shop at asics.com using the guest check-out.
- Termination by ASICS. ASICS reserves the right to cancel, modify or terminate the 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. ASICS may, for example, terminate your Membership and/or revoke any or all Benefits if, in the sole opinion of ASICS, you:
- abuse any OneASICS privileges;
- fraudulently use OneASICS;
- fail to comply with these Terms;
- assign, transfer, merge, purchase, sell, auction or trade Benefits or your Member Account; or
- earn Benefits through deception, forgery and/or fraud.
8. Ownership of the Program
- Ownership. Any and all content, materials and other intellectual property integrated in the Program (the "Content") and the Program itself (including past, present, and future versions) are owned by or licensed to ASICS and can only be used with prior written approval of ASICS. You may not distribute, modify, transmit, reuse, copy, created derivative works of, re-post, or use the Content or the Program for public or commercial purposes without ASICS' prior written approval.
- License to use. 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 licence to use certain Content that ASICS, from time to time, may make available on the Program explicitly for you to use as part of or to be incorporated into your User Content (as defined below) ("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.
The foregoing limited licence may immediately be suspended or terminated by ASICS for any reason, in ASICS’ sole discretion, and without any advance notice and/or liability for ASICS.
9. User Content
- ASICS may now or in the future offer Members the opportunity to 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, feedback, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding ASICS Licensed Elements included therein, "User Content"). Any submission of User Content by you is at your own risk and account. The submission of User Content will be subject to Additional Terms that will be provided to you when submitting your User Content.
10. Member disputes
You are solely responsible for your interactions with other Members, whether online or offline. We are not responsible and/or liable for the conduct or content of any Member. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
11. Code of Conduct
- Violation of the Code of Conduct. You understand and agree that ASICS may review and delete any User Content that in the sole judgment of ASICS violates these Terms or which might be offensive, inconsistent with what is appropriate in our Program, illegal, or that might violate the rights, harm, or threaten the safety of Members. The following is a non-exhaustive list of the kind of User Content that is prohibited on the Program. ASICS reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including, without limitation, removing the offending User Content from the Program and terminating the Membership of such violators. Content that violates ASICS’ "Code of Conduct" includes, but is not limited to, User Content that:
- is patently offensive, such as User Content that promotes racism, discrimination, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person or any cursing, stalking, insuring comments, personal attacks or gossip;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming", or “flooding”;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays obscene, pornographic or sexually explicit material of any kind or is defamatory or slanderous;
- promotes any infringing, illegal, or other similarly inappropriate activity;
- impersonates any other person, user, or company, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company;
- solicits personal information from anyone; and
- engages in commercial activities and/or sales without ASICS prior written consent, including, but not limited to, contests, sweepstakes, barter, advertising, and pyramid schemes.
Even though all of this is strictly prohibited, there is a small chance that Members might become exposed to such items and each Member further waives such Member’s right to any damages or losses (from any party) related to such exposure.
Your participation in the Program is subject to these additional rules that are part of our Code of Conduct:
- Your User Content. All of your User Content either must be your content or you must have all necessary rights in it and to use it from the owner or valid licensor of such content in order to permit you to comply with these Terms and any Additional Terms. Your User Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the internet. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears in the User Content, then you must also have their permission to submit such User Content to ASICS (for example, if someone has taken a picture of you and your friend, and you submit that photo to ASICS as your User Content, then you must obtain your friend’s and the photographer’s permission to do so).
- No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Program, link to embedded videos, or include other images of individuals, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit such content.
- Don’t Damage the Site or Anyone’s Computers or Other Devices. You must not submit or enable the submission of viruses, trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Program or any computer or other device.
- Others Can See. We hope that you will use the Program to exchange information and content and have venue appropriate discussions with other Members. However, please remember that the site pages of the Program may be public or semi-public and User Content that you submit in connection with the Program may be accessible and viewable by other users. Do not submit personally identifying information (for example, first and last name together, password, phone number, address, e-mail address, social security number, credit card number, medical information, or other personally identifiable information or contact information) on public or semi-public spaces and take care when disclosing this type of information to others.
- Don’t Share Other Peoples’ Personal Information. Your User Content should not reveal another person’s personal information (for example, first and last name together, address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual), unless, and in the form and by the method, specifically requested by ASICS.
If you submit User Content that we reasonably believe violates the Code of Conduct, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User Content in question being removed from the Program.
12. Linked Sites and advertisements; Dealings with third parties
- Linked Sites. In addition to Benefits, the Program may also contain links to sites that are controlled by third parties ("Linked Sites"). ASICS is not responsible for the content of any such Linked Sites or any links contained in such Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites.
- Dealings with third parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Program (including on or via Linked Sites and/or advertisements) are solely between you and the third party.
The Program is provided on an “as is”, “as available”, and “with all faults” basis. Except for any specific warranties provided in these Terms, ASICS hereby disclaims all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, and that the Program and/or Website is error-free or is not suspectable to any intrusion, attack or computer virus. Nor does ASICS warrant that Members will be able to access or use the Program and/or Website without problems or interruptions.
14. Limitation of liability
- Nothing in these Terms is intended to have the effect of restricting or modifying your rights or our obligations that cannot be restricted or modified by law (e.g. the Consumer Guarantees Act 1993).
Subject to the previous sentence, to the extent permitted by law, neither ASICS, its parents and affiliates and/or the Partner shall be liable to you for any damage that is the result of your use of or your activities in connection with the Program, Content, User Content and/or Website, except where such damage is the result of the gross negligence or willful misconduct of ASICS' executive management.
15. Updates to Terms
ASICS may amend these Terms (or if applicable the Additional Terms) at any time by reasonable notice, including by posting the revised terms on its website at: https://https://www.asics.com/nz/en-nz/terms-of-use displaying them when you sign in to your Member Account or in any other reasonable manner of notice. ASICS may do so for example to bring the Terms in line with applicable laws and regulation, for better alignment with any other services or products of ASICS or to improve the Program. You can of course reject any new, revised Terms (or Additional Terms) at any time by terminating your membership in accordance with Article 7.
16. Communications, notices & customer service
If you have any questions regarding the Program, you may contact firstname.lastname@example.org.
Subject to your consent, which is provided by signing up and accepting marketing communications, ASICS and/or the Partner may contact you via mail, email, and other channels about marketing, special OneASICS promotions, offers, surveys and more. Please note that even if you opt out of receiving marketing or promotional communications, your Membership continues to be valid and ASICS may continue to send you non-marketing or non-promotional emails, such as those about your Member Account, Membership or our ongoing business relations.
17. Data protection
18. General provisions
- Severability. If any provision of these Terms for any reason is deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of the competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect).
- Assignment. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of ASICS.
- No Waiver. Except as expressly set forth in these Terms, (i) no failure or delay by you or us in exercising any of rights, powers, or remedies will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
- Connectivity. You are responsible for obtaining and maintaining all devices, software, internet, other equipment, and any other services needed for your access to and use of the Program and you will be responsible for all charges related to them.
19. Governing law
These Terms shall be governed by and interpreted in accordance with the laws of New Zealand and you and we submit to the exclusive jurisdiction of the courts of New Zealand.