Welcome to the adidas Terms! Before you get started, it is important
that you understand your rights and obligations in relation to our adiClub
membership program, our apps, or any of the other services available through
the adidas platform.
Here is a quick summary of some of the most important terms. Please be
sure to review the full adidas Terms and Conditions Framework below.
·
You must be at least
16 years old to access and use our platform (Section 1.7 of the Platform ToU).
If you are at least 16 but less than 18 years old, and you want to participate
in the adiClub membership program, you will need consent from your parent(s) or
legal guardian (Section 1 of the adiClub T&Cs).
·
You own and are
solely responsible for the content that you make available through our platform
(Section 1.9 of the Platform ToU) and give us a right to use it (Section 1.10
of the Platform ToU). Should the content you make available through our
platform cause damage to anyone, you agree that we will not be responsible.
·
We want to keep our
platform enjoyable for all users. That’s why our Terms include rules that apply
to your conduct on the platform (Section 1.12 of the Platform ToU). For
instance, you agree not to upload harmful content, use your account for any
commercial purpose, or spread any unsolicited advertising.
·
If you meet the
eligibility requirements, we would be happy for you to join our adiClub
membership program. Should you change your mind, you can cancel your adiClub
membership at any time for any reason (Section 5 of the adiClub T&Cs).
·
We can suspend or
terminate your access to our platform (Section 1.15 of the Platform ToU) and
cancel your adiClub membership (Section 5 of the adiClub T&Cs) if you
violate our Terms. All points you accumulated will be lost.
adiClub Terms and Conditions Framework
Welcome to the adiClub Terms and Conditions Framework
(the “Terms”). These Terms are provided
to you by adidas (Ireland) Limited with
company number 129629, whose registered address is Nangor Road Business Park
Unit C1, Clondalkin, Dublin 12, Ireland and VAT number is IE4893017M [EO1] (“adidas,” “we,” or “us”), part of
the adidas group of which adidas AG is the parent company. 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 adiClub membership program (the “Club”), your use of
the adidas and Confirmed app (individually and collectively referred to as “App”)
and your use of and access to the services and digital content provided through
adidas Running (“adidas Running”). By participating in the Club, by using the
App(s), or by using adidas Running, i.e., by accessing the Platform through one
or more available channels, 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 at https://www.adidas.ie/terms_and_conditions ("eCom Terms and Conditions").
These Terms consist
of four chapters:
CHAPTER
1 – The Platform Terms of Use and
the Digital
Content and Digital Services Purchasing Terms: these are terms that govern your use of the adidas
Platform through all available channels collectively (i.e., including the Club,
the App(s) and adidas Running). These terms include, for instance:
·
rules
that apply to your conduct on the Platform;
·
your
responsibility for your own User-Provided Content; and
·
rules
that apply when you provide us with your personal data in exchange for use of
and access to the Platform.
CHAPTER 2 - The
adiClub Terms & Conditions: these
are additional terms and conditions that apply to the adiClub membership
program. These terms include, for example:
·
eligibility
requirements for joining the Club and moving up through Club levels;
·
information on how to
earn and redeem different types of rewards; and
·
conditions that
determine what happens with your points when the Club membership is terminated.
CHAPTER 3 – The
adidas Running Terms of Use: these are
additional terms of use that govern your use of adidas Running. The Running
Terms of Use contain rules terms such as:
·
prerequisites
for your use of adidas Running;
·
important information
on the fact that adidas Running does not contain medical advice; and
·
limitations
of our liability with respect to adidas Running.
CHAPTER
4 – Miscellaneous General Terms:
these general terms contain general legal stipulations with respect to these
Terms, such as the choice of law, and our contact details.
Please
read these Terms carefully.
CHAPTER 1 – The Platform Terms of Use and the Digital Content and
Digital Services Purchasing Terms
These Platform Terms of Use apply to your access to and use of the
Platform, including the software contained in the Platform (“Software”), which
includes your use of the Club, the App(s) and adidas Running. Insofar the provision of personal data for the use of the Platform or the
creation of the membership account qualifies as payment under applicable law,
also the Digital
Content and Digital Services Purchase Terms apply.
Your access to and use of the Platform
and the information, materials, products, and services available through the
Platform are subject to these Platform Terms of Use, regardless of whether you
possess an account through the Platform linked to your name and/or contact
information (“Account”).
1.2 Changes to these
Platform Terms of Use
We may make changes to
these Platform Terms of Use at any time if we believe it is reasonably
necessary to do so (including for security, legal or regulatory reasons). We
will give you as much advance notice of this as is reasonably possible (and may
do so by communicating the changes to you either when you log in to the
Platform or by sending you notice using the contact information that you have
provided to us and/or by any other means we think is appropriate).
In some circumstances
we may need you to download the latest version of the Platform and/or accept a
new version of these Platform Terms of Use before continuing to use the
Platform. Your continued use of the Platform will constitute your acceptance of
any new or amended terms and/or updates.
1.3 Copyright and
ownership
All of the content
featured or displayed on the Platform, including but not limited to text,
graphics, photographs, images, moving images, sound, and illustrations
protected by intellectual property law, other than User-Provided Content
(together "Content"), is owned by adidas, its licensors, distributors,
vendors, agents, and/or its Content providers. You may not remove any
copyright, trademark, or other proprietary notices from any material on the
Platform.
You must not use the
Platform or any Content other than for its intended purpose. Except where we
tell you otherwise in the Platform, you may view, play, print, and download
documents, audio, and video found on the Platform for personal, informational,
and non-commercial purposes only.
You must not modify
any of the materials and you must not copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer,
or sell any information or work contained on the Platform.
Except as authorized
under applicable copyright law, you are responsible for obtaining permission
before reusing any copyrighted material that is available on the Platform. For
purposes of these Platform Terms of Use, the use of any such material on any other
mobile application, website, or online service is prohibited.
You are responsible
for complying with all laws which apply to you and your use of the Platform.
The Platform, its Content, and all related rights shall remain the exclusive
property of adidas or its licensors unless otherwise expressly agreed. You will
not remove any copyright, trademark, or other proprietary notices from material
found on the Platform.
1.4 Trademarks
All trademarks,
service marks, and trade names of adidas used as part of or in connection with
the Platform (collectively "Marks") are trademarks or registered
trademarks of the adidas Group, or its affiliates, partners, vendors, or
licensors. You may not use, copy, reproduce, republish, upload, post, transmit,
distribute, or modify adidas Marks in any way, including in advertising or
publicity pertaining to distribution of materials on the Platform, without
adidas’ prior written consent. The use of adidas Marks on any other mobile
application, website, or online service is not allowed. adidas prohibits the
use of adidas Marks as a "hot" link on or to any other mobile
application, website, or online service unless establishment of such a link is approved
in advance.
1.5 Software
The Software is being
provided to you by adidas pursuant to the following terms. adidas grants you a
non-exclusive, non-transferable, limited license to use the Software only for
the purpose of using the Platform. Except as specifically provided in these
Platform Terms of Use, You may not, in whole or in part: (a) copy the Software,
(b) distribute copies of the Software, in whole or in part, to any third party;
(c) modify, adapt, translate, reverse engineer, make alterations, decompile,
disassemble or make derivative works based on the Software, except as otherwise
permitted by law; (d) use, rent, loan, sub-license, lease, distribute or
attempt to grant other rights to the Software to third parties; or (e) use the
Software to act as a service bureau or application service provider, or to
permit access to the Software by any third party. Part of the Software may be
provided by and/or owned by third parties.
Please also carefully
review restrictions that to your conduct on the Platform set out in Section
1.12 of these Platform Terms of Use.
You may not use any
software, robot, crawler, spider, page scraper or any other automated means or
device to (a) access, copy, affect or monitor any part of the Platform or its
content or circumvent the structure or presentation of the Platform or any of
its content or (b) to interfere with the operation of the Platform or any
transaction being made on the Platform or interfere or affect any person's use
of the Platform or to help facilitate any third party to purchase any product
on the Platform.
You may not attempt to
gain unauthorised access to any part or feature of the Platform or any system
connected to the Platform by hacking, password mining or other illegitimate or
unauthorised means.
Certain of the third
party materials supplied by adidas for use with the Software are governed by
open-source software license agreements supplied with such third party
materials. adidas makes no claim of ownership of such open-source software, and
such software is supplied solely in accordance with the license agreements
accompanying such software. Accordingly, the restrictions above concerning
scope of use, ownership, modification, and other provisions relating to the
Software may not apply to such open-source software.
1.6 Accuracy of
information
We attempt to ensure
that information on the Platform is complete, accurate, and current. Despite
our efforts this may not always be the case. Please note that we are not
required to maintain or update any such information. You should not rely on any
such information and any reliance on any such information is at your own
risk.
1.7 Minors
You must be 16 years
of age or older to access or use the Platform.
1.8 Your provision of
information
When you provide
information about yourself to us or to other users of the Platform, including
when you create an Account, you agree to: (a) provide accurate and current
information, and not to provide information that attempts to impersonate
another individual; and (b) maintain and promptly update such information to
keep it accurate and current. If you provide any information about yourself
that is untrue or inaccurate, or we have reasonable grounds to suspect that
such information is untrue or inaccurate, we retain the right to suspend or
terminate any account you establish, decline to provide you with services on
the Platform, and/or refuse any or all current or future use of the Platform or
any portion thereof.
1.9
User-Provided Content
You
understand that all information, data, or other materials that you and other
users of Platform upload, post, transmit, publish, display, or otherwise make
available through the Platform, including the information provided when
creating an Account and information you share with or make available to other
users of the Platform ("User-Provided Content"), are the sole
responsibility of you or the person from whom such User-Provided Content
originated. This means that you, and not us, are responsible for all
User-Provided Content that you upload, post, transmit, publish, display, or
otherwise make available through the Platform.
We do not control the
User-Provided Content posted and, as such, do not guarantee the accuracy,
integrity, or quality of any User-Provided Content. Furthermore, the
User-Provided Content is for informational purposes only and is not intended to
be a substitute for professional medical advice, diagnosis, or treatment. You
understand that by using the Platform, you may be exposed to User-Provided
Content that is offensive, indecent, or objectionable.
We are not responsible
for any User-Provided Content, and will not be liable for any loss or damage
caused by any User-Provided Content or your use of or reliance on it. You are solely responsible for any lost or
impaired User-Provided Content
and agree that you must save your User-Provided Content externally, e.g., on an
external storage medium, hard drive or in the cloud.
By uploading, posting,
transmitting, publishing, displaying, or otherwise making available
User-Provided Content through the Platform, you agree that:
· you are the owner of all rights in such
User-Provided Content and you are
solely responsible for your User-Provided Content;
You shall indemnify us
for all claims raised by third parties because of an infringement of their
rights in connection with your User-Provided Content uploaded to any of the
Services. You shall bear the costs of any legal proceedings, in which we may be
involved in connection with such claims, including all court costs and
attorney’s fees to the extent permitted by law, unless you have not been at
fault in causing such infringement.
If a claim is brought
by a third-party in relation to your User-Provided Content, you shall promptly,
truthfully and completely make available to us all information available to you
that may be necessary to verify such claim and/or defend against it.
1.10 Your grant of
license to adidas for User-Provided Content
By uploading, posting,
transmitting, publishing, displaying, or otherwise making available
User-Provided Content, you grant us a worldwide, perpetual, non-exclusive,
transferable, royalty-free license (with the right to sub-license) to use,
reproduce, display, perform, adapt or modify (unless this impairs your material
interests), publish, or distribute such User-Provided Content in whole or in
part in any form, medium, or technology (now known or later developed) as part
of or in connection with the Platform and for any other activity we or a
company affiliated with us carry.
We may modify or adapt
User-Provided Content, including in order to transmit, display or distribute it
over networks and to conform to the requirements of networks, services, or
other media. We or others may, in our sole discretion, refer to your name or
other identifier you provided when posting User-Provided Content. You promise
that our publication and use of your User-Provided Content will not infringe
the rights of any third party.
We reserve the right to save or disclose User-Provided Content to third
parties, to the extent this is required by law, or legally permissible and
reasonably necessary, to:
● comply with statutory law, or court or administrative orders;
● ensure compliance with these Running Terms of Use or any other
Terms agreed between you and us;
● react to claims of breaches of law raised by third parties; or
● safeguard our rights, property, or personal safety, or the like
of Users and the public.
1.11 adidas’
discretion to use User-Provided Content
All User-Provided Content that you upload, post, transmit,
publish, display, or otherwise make available through the Platform may be used
by adidas in accordance with our Privacy Notice, accessible at https://www.adidas.ie/privacy_policy. adidas reserves the right to change, condense, delete,
or refuse to post any User-Provided Content on the Platform in its sole
discretion. adidas does not guarantee that you will be able to edit or delete
any User-Provided Content you have made available in connection with the
Platform. We are not under any obligation to keep the User-Provided Content
that you make available through the Platform confidential.
1.12 Your
conduct
You agree to comply
with all laws, rules, and regulations applicable to your access to and use of
the Platform. In addition, you agree not to:
· upload, post, transmit, publish, display, or
otherwise make available through the Platform any User-Provided Content that is
known by you to be false, inaccurate, or misleading;
· upload, post, transmit, publish, display, or
otherwise make available through the Platform any User-Provided Content that
violates any law, statute, ordinance, or regulation (including, but not limited
to, those governing export control, consumer protection, unfair competition,
anti-discrimination, or false advertising);
· use the Platform for any purpose other than its
intended use, or access, use, reproduce, modify, download, sell, transfer,
publish or otherwise make available your Account or any User-Provided Content
for any commercial purpose;
· upload, post, transmit, publish, display, or
otherwise make available through the Platform any User-Provided Content that
is, or may reasonably be considered to be, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically, or otherwise
objectionable, or that harms minors in any way;
· forge headers or otherwise manipulate identifiers in
order to disguise the origin of any User-Provided Content transmitted through
the Platform;
· upload, post, transmit, publish, display, or
otherwise make available through the Platform any User-Provided Content that
you do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, or proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
· upload, post, transmit, publish, display, or
otherwise make available through the Platform any User-Provided Content that
infringes any patent, trademark, trade secret, copyright, right of publicity,
or other right of any party;
· upload, post, transmit, publish, display, or
otherwise make available through the Platform any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation;
· upload, post, transmit, publish, display, or
otherwise make available User-Provided Content provided by another user of the
Platform (or an image or picture depicting such User-Provided Content) on any
other website, mobile application, or online service without that user’s prior
permission;
· allow third-parties access to personal details of
other users accessible via the Platform;
· upload, post, transmit, publish, display, or
otherwise make available through the Platform any material that contains
software viruses or any other computer code, files, or programs designed to
interrupt, destroy, or limit the functionality of any computer software or
hardware or telecommunications equipment;
· take any action that interferes with the proper
working of the Platform, compromises the security of the Platform, or otherwise
damages the Platform or any materials or information available through the
Platform;
· attempt to gain unauthorized access to any portion
or feature of the Platform, to any other systems or networks connected to the
Platform, to any of our or our
service providers’ servers, or to any of the services
offered on or through the Platform, including but not limited to by hacking,
password “mining”, or any other unauthorized means;
· probe, scan, or test the vulnerability of the
Platform or any network connected to the Platform or bypass the authentication
measures on the Platform or any network connected to the Platform;
· in accordance with Section 1.5, use any automated
means to collect information or Content from or otherwise access the Platform,
including, but not limited to, through the use of technical tools known as
robots, spiders, or scrapers, without our prior permission;
· harvest or otherwise collect and store information
about other users of the Platform, including e-mail addresses;
· install any software, file, or code that is not
authorized by the user of a computer or device or that assumes control of all
or any part of the processing performed by a computer or device without the
authorization of the user of the computer or device; or
· interfere with or disrupt the operation of the
Platform or server networks connected to the Platform, or disobey any
requirements, procedures, policies, or regulations of networks connected to the
Platform.
You agree to provide
prompt notice via email to serviceinfo@onlineshop.adidas.com of any detected
breaches of the aforementioned restrictions.
1.13 Links to websites
and online services owned or controlled by third parties and third party
attributions
For your convenience,
the Platform may contain links to or at times redirect you to websites and/or
online services owned or controlled by third parties. Also, at your request,
the Platform may connect to social networking websites that are not owned or controlled
by us.
These websites and
online services are not under our control, and you accept that we are not
responsible or liable for the accuracy; collection, use, or disclosure of
information; copyright compliance; legality; decency; or any other aspect of
such websites and online services including their operation, or the content
displayed on or through them. The inclusion of such a link on the Platform does
not imply our endorsement of any such website or online service, the content
displayed on or through it, or any association with its operators, and you
agree not to hold us responsible for any harm that may arise based on your
access to or use of any linked website or online service.
1.14 Registration and passwords
By registering for the adiClub, your
account username and password can be used to fully access the Apps. For more
information on the account, please see Sections 1.9 and 1.12 above.
1.15
Operation of the Platform and termination of this agreement
We reserve the right to do any of the following, at
any time, at our sole discretion, with or without notice: (i) modify, suspend,
or terminate operation of or your access to the Platform, or any portion of the
Platform, or the agreement between you and us under these Platform Terms of
Use, for any reason including but not limited to for your violation of these
Platform Terms of Use; (ii) modify or change the Platform, or any portion of
the Platform; (iii) interrupt the regular operation of the Platform, or any
portion of the Platform, as necessary to perform routine or non-routine
maintenance, to correct errors, or to make other changes to the Platform
required for, inter alia, changes to the technical environment or
functionalities, changes in the number of users or improvements to the
services.
On
cancellation of the agreement under these Platform Terms of Use for any
reason:
· all rights granted to you under these Platform Terms
of Use shall cease;
· you must immediately cease all activities authorised
by these Platform Terms of Use including your use of the Platform;
· you must immediately delete or remove the Platform
from your device(s) and immediately destroy all copies, full or partial of the
Platform then in your possession, custody or control and on request by us
certify to us (or our nominee) that you have done so.
You
may cancel this agreement at any time without notice and for any reason by
uninstalling the App. Uninstallation methods vary depending on your device. To
uninstall the App, please use the application manager provided with your device
or consult your device manual for reference.
The
sections titled Your Grant of License to adidas for User Provided Content and
Our Responsibility for Loss or Damage Suffered by You will continue to apply
after this agreement under these Platform Terms of Use ends.
1.16
Access to the Platform
Neither
adidas, nor any of its respective affiliates guarantee that the functions
contained in the Platform will be uninterrupted or error-free or that defects
will be corrected. We may suspend, withdraw, discontinue or change all or
any part of the Platform without notice.
1.17
Our responsibility for loss or damage suffered by you
We
are responsible to you for foreseeable loss and damage caused by us. If we fail
to comply with these Terms, we are responsible for loss or damage you suffer
that is a foreseeable result of our breaking these Terms or our failing to use
reasonable care and skill, 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.
If
defective digital content that we have supplied damages a device or digital
content belonging to you, we will either repair the damage or pay you
compensation. However, we will not be liable for damage that you could have
avoided by following our advice to apply an update offered to you free of
charge or for damage that was caused by you failing to correctly follow
installation instructions or to have in place the minimum system requirements
advised by us.
The Platform is for domestic and private use. If you
use the Platform for any commercial, business or resale purpose we will have no
liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
Nothing in these Terms affects
your statutory rights. Advice about your statutory rights is available from
your local Citizens' Advice Bureau or Trading Standards Office. To the extent permitted by law, our aggregate liability
to you in respect of any loss or damage suffered and arising out of or in
connection with these Terms, whether in contract, tort (including negligence)
or for breach of statutory duty, or in any other way, shall not exceed the
amount of €100.
1.18
Even if we delay in enforcing this contract, we can still enforce it
later
Even
if we delay in enforcing this contract, we can still enforce it later. If we do
not insist immediately that you do anything you are required to do under these
terms, or if we delay in taking steps against you in respect of your breaking
this contract, that will not mean that you do not have to do those things and
it will not prevent us taking steps against you at a later date.
II. The Digital Content and
Digital Services Purchase Terms (“Digital Purchase Terms”)
2.1 When do these Digital Purchase
Terms apply?
These Purchase Terms apply where you
provide us with your personal data in exchange for the access to and use of our
Platform. These Digital Purchase Terms do not apply when we collect your
personal data exclusively to supply digital content or a digital service to you
or for the sole purpose of meeting legal requirements, or where we only collect
metadata under applicable law. You agree to these Digital Purchase Terms when
you start using the Platform, for example by the creation of
the adidas account. It is only possible to deviate from
these Purchase Terms if agreed in writing by us.
If you do not agree to be bound by these
Digital Purchase Terms, do not access or use the Platform.
2.2 Conformity; updates
For adidas, quality is paramount, and
we have a legal obligation to make sure that our Platform conforms to the
contract.
As part of this legal obligation, we will, from time to time, offer and
request you to install security and technical updates. 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 Platform resulting from
the lack of the relevant update when you fail to install the update that we
supplied to you.
If our Platform does not conform to the contract of sale, you have the
right to have the defect corrected. Your right to claim lack of conformity
expires two (2) years after the delivery of the Platform. 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.
2.3 Right of Withdrawal
You have the right to withdraw from
your agreement with us within fourteen (14) days from the date on which the
agreement was entered into (“Withdrawal Period”) without giving any reason.
To meet the Withdrawal Period deadline,
you will need to notify us about the fact that you are exercising your right of
withdrawal before the expiry of the Withdrawal Period.
To exercise your right of withdrawal you must inform us (adidas
(Ireland) Limited, c/o adidas Customer Service, Withdrawal Department,
Hoogoorddreef 9a, 1101 BA Amsterdam, The Netherlands) submitting a clear
declaration (e.g. a letter sent by post) stating your decision to withdraw from
the agreement. You can use the sample withdrawal form attached as Appendix 1 to
these Terms, however, this is not mandatory. You may also withdraw from the
contract of sale electronically by filling in the explicit withdrawal
declaration on our Platform at https://www.contactus.adidas.com/EMEA
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 Period.
If you use one of these two options, we shall confirm receipt of order
withdrawal via email.
2.4 Consequences of withdrawal
If you withdraw from the agreement,
the Platform will become inaccessible to you, and you shall refrain from using
the Platform and from making it available to third parties.
If you withdraw from the agreement, we
will refrain from using any User-Provided Content, which does not qualify as
personal data, which was provided or created by you when using the Platform,
except where such User-Provided Content:
i.
has no use outside
the context of the Platform,
ii.
is exclusively related to your use of the Platform,
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 User-Provided
Content.
Upon your request, we will make available to you any
User-Provided Content, which does not qualify as personal data, which was
provided or created by you when using the Platform except in the situations
(i), (ii) and (iii) as mentioned above.
If you use the option to delete your account (via “Delete my data & account” as
stipulated in Section 2.3 of these Digital Purchase Terms above) to withdraw
from the contract of sale and you want to receive a copy of any User-Provided Content, including personal 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 User-Provided Content which
qualifies as personal data, the provisions of the Privacy
Notice
apply.
2.5 User-Provided Content;
consequences of termination
Notwithstanding the above, if you have uploaded,
posted, transmitted, published, displayed, or otherwise made available through
the Platform
User-Provided Content, the following applies in the event of termination of the
purchase agreement:
i.
has no use outside
the context of the Platform,
ii.
is exclusively related to your use of the Platform,
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 User-Provided
Content.
We shall, at your
request, provide you with the User-Provided Content, which is not personal data, free of charge, within
a reasonable period of time and in a common and machine-readable format after
the termination becomes effective. This does not apply in the situations as
described above under Section 2.5 (i), (ii) and (iii) of these Platform Terms
of Use. For User-Provided Content containing personal data, the provisions of
the Platform’s Privacy Notice
shall prevail.
CHAPTER 2 – The adiClub Terms & Conditions
These adiClub Terms & Conditions apply to your
participation in the adiClub membership program (the “Club”). In these terms,
you will find the conditions that apply to joining the Club, Your use of the
account and redeeming rewards.
1.
Eligibility
To participate in the Club, you must be at least 16 years
old and a legal resident of Ireland. If you are at least 16, but less than 18
years old (or the age of majority in your location), you must also have the
consent of your parent or guardian before enrolling in the Club and your parent
or guardian must read and agree to these Terms. 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.ie/adiclub[EO2] . You may also visit our FAQ section in the Club. 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.ie/adiclub, on the adidas mobile apps or in adidas retail stores.
No purchase of any products 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.
Rewards
By successfully joining the Club,
you unlock a set of rewards for members as set out here https://www.adidas.ie/adiclub.
You will have access to the
rewards in your current level and the levels below them. For example, a level 3
member will have access to the rewards from level 3 as well as level 2 and
level 1 (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. Some examples of possible rewards,
to which additional terms and conditions may apply, are single use Discount
Vouchers that are unlocked when you enter a new level, or early access to
product launches or sales.
Specific
rewards (whether products or experiences) are available while supplies last and
may be subject to change, discontinuance, limitations, and substitutions by us,
in our sole discretion and at any time without notice.
4. 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 Chapter 3, Section 3) of any unauthorised use of your password or account or any other breach
of security.
You
agree that you shall not:
5. 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 (Ireland) Limited, 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.contactus.adidas.com/EMEA/ContactUs?country=BE&brand=adidas&language=en_GB 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.
6. 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
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 6 (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 5 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.
7. 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 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.
We may make minor
changes to these adiClub Terms & Conditions from time to time (if, for
example, there is a change in the law that means we need to change these
adiClub Terms & Conditions, we add new rewards, add possibilities to earn
Points, modify Club functionalities or modify the technical environment).
Please check these adiClub Terms & Conditions 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 adiClub Terms & Conditions that will materially adversely
impact you or if we choose to discontinue the Club then we shall provide you
with a reasonable written notice of, in any case, at least one (1) month.
CHAPTER 3 – The adidas Running Terms of Use
1. Validity of these Running Terms of Use
These terms of use (“Running Terms of Use”) govern your usage of adidas
Running (the “Services”) as well as the access to digital content through
adidas Running (“Running Digital Content”) in the currently valid version which
can be viewed at any time within the Services.
These Running Terms of Use shall apply regardless of the points of access
to the Services and Running Digital Content, including (sub-)domains and mobile
applications. If you do not agree to these Running Terms of Use, please do not
register a Membership and please do not use the Services or access the Running
Digital Content.
When using the Services or accessing the Running Digital Content on
mobile devices, additional terms and conditions of the respective mobile device
provider and the mobile carrier apply, and certain costs of the mobile carrier will
have to be borne by you.
2. Prerequisites for use
Neither the use of
the Services nor access to Running Digital Content shall be possible without
consent to these Running Terms of Use and acknowledgement of the relevant Privacy Notice. The Services may be
used only if you have registered an adiClub Membership or adidas Running
Membership. The use of the Services further requires that you maintain and use
a device compatible for the use of the respective Service and at the required
update level.
You hereby confirm
your knowledge that to operate the Services and make their features available,
data, including personal identifiably information, must be processed by us and
transmitted from the device you use the Service with to us and back. The processing
of such information is necessary to perform your contract with us. To provide
certain features of the Services or subject to your consent, information might
also be shared with social networks or partners as indicated in the relevant Privacy Notice.
3. Breach of user obligations
In order to ensure the proper and reliable provision of the Services, we
might impose the following sanctions upon a breach of user obligations:
● warning;
● deletion of User-Provided Content;
● temporary deactivation of your Account; and
● cancellation (irrevocable deactivation) of your Membership.
The type of sanction shall depend on the purpose, impact, and type of the
breach considering both our and your interests. Please carefully review the restrictions
that apply to your conduct on the Platform (including through adidas Running),
set out in Section 1.12 of the Platform Terms of Use.
4. Exclusion from the services
We may refuse access to the Services and/or Running Digital Content at
any time, without prior notice and refuse all current or future use of the
Services and/or Running Digital Content (or any portion thereof), without you
being entitled to a refund of any payments made, if we determine that you:
● are ineligible in accordance with the prerequisites stated within
the Terms or these Running Terms of Use,
● have violated any of these Running Terms of Use, Platform Terms of
Use, or the user obligations stated therein, any other applicable Terms or any
applicable law or regulation,
● engaged in any deception, forgery, fraud or committed any other
abuse of your Account, or
● provided registration data that is false, inaccurate, not current
or incomplete, or we have reasonable grounds to suspect that such information
is false, inaccurate, not current or incomplete.
5. Disclaimer and limitation of liability
The Services and Running Digital Content are provided to you “AS IS”. We
do not warrant or guarantee that the Services or Running Digital Content will
meet your expectations or that they are suitable for a particular purpose not
expressly agreed upon. Please also see Section 1.16 of the Platform Terms of
Use.
You hereby acknowledge and agree to the fact that the
Services and Running Digital Content do not include any medical advice. The
Services and Running Digital Content, regardless of whether they are provided
by us, our partners, third parties or Users, are not meant to supplement, let
alone replace, the information provided by doctors or pharmacies. ALWAYS
consult your doctor about your athletic behaviour. The Services and Running Digital
Content should never be interpreted in a way that contradicts medical advice,
discourages you from consulting a doctor or be used to make or validate any
diagnoses. We, the Services and the Running Digital Content neither substitute
your doctor, nor do we assume responsibility for your behaviour related to the
use of the Services and the Running Digital Content. By accepting these Running
Terms of Use, you confirm that you are aware of the fact that sporting
activities are always associated with risks that can also affect your health
and that you are solely responsible for your health and behaviour related to
the use of the Services and the Running Digital Content.
We are not responsible for the actual identity of a User since personal
identification via the internet is possible to a limited extent only. You shall
confirm the identity of other Users prior to entering any form of interaction
with them.
You hereby confirm to be aware that processing of personal identifiable
information via the internet may bear risks and may lead to security incidents.
In your area of responsibility, this risk is borne solely by you. We do not
assume any warranties in this regard.
You access and use the Services and Running Digital Content
at your own risk. This applies without limitation
to:
● the related use of any hardware, including, but not limited to,
(i) the respective device you are using the Services with, (ii) chest straps,
and (iii) smartphone dongles;
● the download of your own and third-party content; and
● any use of any content and other data created or provided by us
or our partners, including, but not limited to (i) measured altitude details,
or (ii) recommendations for actions, e.g., workout plans etc. You explicitly acknowledge that any such content or other
data may contain errors, and we do not, to the extent permitted by law, assume
any responsibility for the correctness of such data.
Unless required by statutory law, neither
we nor any of our affiliated companies shall be liable for damages resulting
from the use of any content made accessible through the Services or the use of
the Running Digital Content. This also applies to damages resulting from
errors, problems, viruses, or loss of data.
We assume no liability for data and/or material downloaded
from or obtained by using the Services or the Running Digital Content. You are
solely responsible for any damages caused by such materials to your devices and
systems or for information lost because of downloading data and/or materials
from any of the Services.
You are solely liable for any claims or lawsuits of any kind in any way
derived from or related to conflicts you have with other Users. You acknowledge and accept that we will not, under any
circumstances, be liable for the acts and omissions of other Users, including
the damages associated with such acts or omissions.
We do not make any representations or warranties with respect to external
links, banners or other information and marketing offers made accessible to you
via the Services or the Running Digital Content. Any contractual arrangements
entered between you and a third-party provider, e.g., via linked websites or
banners, are between you and the third-party provider only. We do not make any
representations or warranties with respect to services of third-party
providers.
We do not provide any guarantees regarding the availability
of access to the Services and/or the Running Digital Content and shall not be
liable for any temporary unavailability or interruption of the access.
We do not claim or warrant that the Services or the necessary hardware
and software will be completely free from errors or that the transmission of
data via other systems, in particular the internet and telecommunication
networks, is not tracked, recorded or distorted by third parties.
CHAPTER 4 – General Terms (Miscellaneous)
1. Governing law and jurisdiction
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.
2.
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.
3.
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 https://www.adidas.ie/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: 1 November 2025
Appendix 1 –
Sample Withdrawal Form
To
adidas
(Ireland) Limited
c/o adidas
Customer Service,
Returns
department,
Hoogoorddreef 9A, 1101 BA Amsterdam, The Netherlands
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) and order number:
______________________________________________________________
______________________________________________________________
______________________________________________________________
Address of consumer(s):
______________________________________________________________
_____________________________________________________________
______________________________________________________________
Date/Signature of consumer(s) (only if this form is notified on paper)
______________________________________________________________
______________________________________________________________
______________________________________________________________
(*) Delete as appropriate.