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OneASICS™ Terms and Conditions

1. Introduction

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 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 New Zealand. 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 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/nz/en-nz/oneasics.

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.

3. How to sign-up

To become a Program Member, eligible individuals may sign-up for this Program by visiting https://www.asics.com/nz/en-nz/oneasics, logging in, 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: 09 377 2622; 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. 

4. 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. 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.

  1. 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

  1. 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.

  1. 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).
  2. 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

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. 

8. Ownership of the Program

  1. 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.
  2. 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.
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9. User Content

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: info@asics.co.nz.

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

    1. 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:

    1. 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).
    2. 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.
    3. 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.
    4. 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.
    5. 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

You are solely responsible for your interactions with other Members, whether online or offline. We are not responsible or liable for the conduct or content of any Member. ASICS reserves the right, but have no obligation, to monitor or become involved in disputes between you and other Members. 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. 

13. Warranties

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://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 info@asics.co.nz.

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 

Personal information you provided to ASICS in creating your Member Account will be processed by ASICS in accordance with ASICS Privacy Policy. All personal information collected through your use of the Website is subject to the Partner’s Privacy Policy.

18. General provisions

  1. 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).
  2. 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.
  3. 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.
  4. 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

ASICS reserves the right to modify, suspend, cancel or discontinue the Program, in whole or in part, for any reason, at its sole discretion, with or without notice to Members. ASICS may, among other things, withdraw, limit, modify, suspend or cancel any item and/or modify or regulate the Benefits, items or benefits you may have accrued. Each Member agrees that ASICS will not be liable to the Member or any third party for any modification or discontinuance of the Program. ASICS reserves the right to interpret and apply the policies and procedures communicated in these Terms. All determinations by ASICS, including determinations of eligibility, and proper authorization of Point and item redemption, shall be final and conclusive in each case. ASICS reserves the right to terminate any Member’s participation in the Program, to deny award of any item and/or terminate service if, in ASICS sole judgment, such Member has in any way violated these Terms. 

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