ASICS Official Application Terms and Conditions
ASICS VIETNAM LIMITED LIABILITY COMPANY (hereinafter referred to as "the Company") shall stipulate the terms of use (hereinafter referred to as the "Terms and Conditions") concerning the ASICS Official Application (hereinafter referred to as the "Application") provided by us as follows. Please read these Terms and Conditions carefully before using the Application. By using this Application, the User (as defined below) will be deemed to have agreed to these Terms and Conditions.
Article 1 Application of these Terms and Conditions
1.These Terms and Conditions shall apply to any person who uses the Application, whether being the Company’s customers or not (hereinafter referred to as the “User(s)").
Article 2 Use of the Application
1.The User shall bear the data communication charges incurred in downloading and using the Application.
2.The User shall be responsible for managing the communication terminals, software, communication lines, and/or any other devices and equipment which are necessary for the use of the Application. To the maximum extent permitted by law, the Company shall not be responsible for any damage caused by theft of the User's terminal, error in use, use by a third party, or unauthorized access in relation to such devices and equipment.
3. The User agrees that to register for an account on the Application, the User will provide true, accurate and up-to-date information, and the User shall not impersonate, imitate or represent to be someone else. The User must not provide any information of third party to the Company without authorization or consent of said third party.
4. The User shall be responsible to ensure that the User’s information on the Application is up-to-date.
5. The User acknowledges and understands that username and password are confidential, and the User shall not disclose or otherwise permit any other person to use the User’s username and password. Any acts performed under the User’s account shall be deemed as such acts are performed by the User him/herself. In the event that the User becomes aware or suspects that there is an unauthorized access to or use of the User’s account, the User shall notify the Company immediately at customers-vn@asics.com.
Article 3 Use of online stores
1.The ASICS Store is one of the features available on the Application which enables the User to access, view and purchase our products, on the Application (hereinafter referred to as the "Online Store").
2.The use of the Online Store is also governed by the Terms & Conditions. Therefore, please carefully and thoroughly read the Terms & Conditions before accessing and using the Online Store.
Article 4 Location information
This store search feature of the Application displays the nearest ASICS Shop using the User's location. Users who do not want to share location information can disable access to location information on the Application at any time from the permission setting screen of the Operating System (“OS”) of the terminal.
Article 5 Push notification
The Application distributes various announcements by push notification based on the information about your location, date of birth (e.g. for birthday promotions), etc. which are provided by the User when registering for a membership through the Application as well as based on your membership information including loyalty points and membership tier status and for marketing campaigns, events and promotions. Users who do not wish to receive push notifications can turn off the delivery of push notifications at any time from the privilege setting screen of your OS or the notification setting screen of the Application.
Article 6 Handling and Processing of User’s information
The Company handles and processes User’s information including, personal information which are obtained through the Application in accordance with the ASICS Privacy Policy.
Article 7 Prohibited Acts
1.The User shall not engage in any of the following acts:
(1) Modify, reproduce, adapt, recompile, decompile, disassemble, reverse engineer, or perform any similar action on the Application.
(2) Reproduce or adapt the Company’s trademarks, logos, images, or other proprietary materials used in the Application or elsewhere.
(3) Use the Application for advertising, solicitation, or other business activities.
(4) Engage in any act that interferes with the provision of the Application’s services or the operation of telecommunications equipment related thereto.
(5) Infringe upon the property, intellectual property rights, reputation, privacy, or image of the Company.
(6) Cause damage to the Company.
(7) Engage in any act that violates applicable laws, regulations, or public order and morality.
(8) Commit any act in violation of these Terms and Conditions.
2. If the User engages in any act described in paragraph 1, the Company may, at its sole discretion, suspend or terminate the User’s access to the Application and related services without prior notice. The Company shall not be liable for any damages incurred by the User as a result.
Article 8 Change and Termination of Services Provided
1.The Company shall be entitled to modify the contents of the Application, in whole or in part, or to the maximum extent permitted by law terminate the provision thereof at our convenience, or where the User has breached any provisions of these Terms and Conditions.
2.In the event that the Company decides to terminate the provision of the service of the Application, the Company shall notify the User in advance.
Article 9 Disclaimers And Indemnifications of Warranties
1.To the maximum extent permitted by law, unless otherwise provided, the Company makes no warranty regarding the Application, including that:
(1) It is suitable for the specific purposes of the User;
(2) It performs the functions or provides the value or utility expected by the User;
(3) It complies with applicable laws and regulations or the internal rules of any relevant industry associations;
(4) It is accurate, current, safe, secure, complete, and reliable;
(5) It is free from defects, errors, or failures, or that all devices and operating systems will operate properly in connection with it;
(6) It does not infringe upon the intellectual property rights or any other rights of any third party.
2.To the maximum extent permitted by law, unless otherwise provided, the Company shall not be liable for any incidental, indirect, special, consequential, or lost profits damages arising from the use of the Application, except in cases of willful misconduct or gross negligence.
3. Notwithstanding the foregoing, the Terms & Conditions shall apply to any damages incurred by the User in connection with the purchase of products on the Application as set forth in paragraph 2 of Article 3.
Article 10 Users responsibilities
1.The User shall compensate for any damage (including attorney's fees) incurred by the Company in connection with the violation of these Terms and Conditions or other use of the Application.
2.In the event of any damage to a third party or any dispute with a third party in connection with any violation of these Terms and Conditions or any other use of the Application, the User shall settle such damage at his/her own responsibility and expense.
Article 11 Amendment of these Terms and Conditions
We may amend these Terms and Conditions by publishing it on the Application or by other appropriate means in accordance with applicable laws and regulations and notifying the users of the same. The User’s continued access to and/or use of the Application or our website following such notification shall constitute the User’s agreement to be bound by the terms of the amended Terms and Conditions.
Article 12 Notice to Users
1.Notices to Users hereunder shall be posted on the Application or any other means as the Company deems appropriate.
2.Any notice posted on the Application shall be deemed to have been notified at the time of such posting, unless otherwise provided by the applicable law.
Article 13 Ownership of Rights
1.All copyrights, trademark rights, design rights, utility model rights, patents, trade secrets, know-how, rights in databases, and any other rights similar thereto (including future rights and unregistered rights) relating to the Application, including but not limited to the displays and other content in the Application and the programs comprising the Application, shall belong to the Company or to the third party who has licensed the Company to use them.
2.The Company hereby grants to the User a non-exclusive, non-transferable license to use the Application on the terminal for the sole purpose of personal use.
Article 14 Temporary Suspension or Discontinuation
In the event of any of the following, the Company may suspend or terminate the provision of the services of the Application in whole or in part, with or without prior notice to the User.
⑴ In the event of periodic maintenance and emergency maintenance of the computer system (hereinafter referred to as the "System") for the provision of services in relation to the Application.
⑵ In the event the system becomes difficult to operate due to the force majeure event such as an earthquake, typhoon, tsunami or other acts of God, war, riot, civil commotion, terrorism, infectious diseases, quarantines, establishment, amendment or abolition of laws and regulations, orders or dispositions by public authority or other acts of government, acts of dispute, accidents such as transportation and communications lines, or other unavoidable circumstances.
⑶ System failure, unauthorized access by third parties, infection by computer viruses, etc. which renders difficulties on the operation of the system.
⑷ In the event that the Company determines that the system must be stopped or discontinued for any other reason to the maximum extent permitted by law.
Article 15 Third-Party Websites
The link to third-party websites (“Third-Party Websites”) may appear on the Application. The User acknowledges that the Company does not operate nor control any Third-Party Websites, and thus, the Company does not represent or guarantee the accuracy, safety, or credibility of said Third-Party Websites. The Company shall not assume any liability or responsibility to the User, or any other person, in connection with the use of the Third-Party Websites. The access and use of the Third-Party Websites will be at the User’s own risk and therefore, it is recommended that the policies and terms and conditions of the Third-Party Websites be carefully read before accessing or using such Third-Party Websites.
Article 16 Severability
In the event that any provision of these Terms and Conditions is held to be void, invalid, unlawful, or unenforceable, such provision shall not affect the validity, lawfulness, and enforceability of the remaining provisions hereof.
Article 17 Governing Law
The laws of Vietnam shall apply to the formation, validity, performance and interpretation of these Terms and Conditions.
Article 18 Jurisdiction
Any and all disputes arising out of or related to these Terms and Conditions shall be settled in the Vietnamese Courts as the exclusive jurisdictional court of first instance.
Article 19 Third Party Rights
This Agreement does not confer rights to a third party who is not a party to this Agreement.
Effective: 26 Feb 2025