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. 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.
·
You own and are solely responsible for the content that you make
available through our platform and give us a right to use it. 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.
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.
·
As a member of adiClub, you can earn points that can be
redeemed (e.g., in
exchange for discount vouchers) and points that help you move up through the
different adiClub levels and unlock new
rewards.
·
We can suspend or terminate your access to our
platform and cancel your adiClub membership if you violate our Terms. All points you
accumulated will be lost.
·
Your use of adidas Running is at your own risk and adidas
Running does not contain medical advice. Always consult your doctor about your
athletic behaviour.
adiClub Terms and Conditions Framework
Welcome to the adiClub Terms and Conditions Framework
(the “Terms”). These Terms are provided
to you by adidas AG, with company number
HRB3868, whose registered address is Adi-Dassler-Str. 1, 91074, Herzogenaurach,
Germany and VAT number is DE132490588 (“adidas,” “we,” or “us”). 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.de/en/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 spend different types of points; 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.
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.
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.nl/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.
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 AG,
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, gaining Club
levels, and earning and spending points.
To participate in the Club, you must be at least 16 years
old and a legal resident of Germany. 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 adidas adiClub Membership
Program | adidas DE. 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.nl/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. Earning points
As a member of the Club, you will be
entitled to earn membership level points (“Level Points”) and points to spend
(“Points to Spend”) (together, the “Points”).
You will earn Points for purchases
(except whilst using or purchasing gift cards) that you make on the German-versions
of our official website https://www.adidas.de/ (the "Website") and mobile
applications: the adidas App or the Confirmed App (together, the
"App"), or in participating adidas retail stores as set forth adidas adiClub Membership Program | adidas DE.] (the
"Stores") (together, the "Eligible Channels"). For every €1
spent you will earn 10 Level Points and 10 Points to Spend.
Purchases include purchases of regular and sale priced
merchandise. Purchases at stores other than the Eligible Channels will not
qualify for Points (even if you purchase adidas products). If you return
purchased items, the Points earned by those items will be deducted from your Point’s
total.
In addition to earning Points for purchases, you can
also earn Points for certain interactions with us. The number of Points
available and the full list of
interactions are available here adidas adiClub
Membership Program | adidas DE. These
interactions include, but are not limited to, downloading our app for the first
time, posting a review of an adidas product on the Website or App, or
submitting a complete profile.
From time to time, we, in our sole discretion, may
change, discontinue, or add interactions where you can earn Points and change the
number of Points earned, with or without prior notification to you. Any such interactions may be subject to
additional terms, which will be communicated where applicable.
You must provide your adidas membership identification
(email address or membership ID) in the Stores, or be logged into your adidas
account on the Website or App to receive the eligible Points for your purchases
or interactions. In the event you are unable to receive eligible Points due to
not being logged in or your identification not being accepted as proof, you may
contact the adidas customer services team at Contact
Us | adidas DE with the required proof to
redeem the Points for your purchases or interactions.
Existing adidas account holders can start earning Points
from the day they have been migrated to the Club, and no prior transactions or
interactions will be eligible for Points. New members will start earning Points
from the date they register for the Club, and no prior transactions or
interactions will be eligible for Points save that when you have provided your
email address (for the purpose of being contacted in relation to Club
membership) in our Stores whilst making a purchase and you subsequently join
the Club, we shall award you the Points for that purchase to your Club
membership. Membership start dates for the Club may vary for members depending
on their account type.
You will only be entitled to
accumulate a maximum of 100,000 Points to Spend (the “Limit”). If you reach the
Limit but engage in an activity that should earn you Points to Spend, we will
add 0 Points to Spend to your account, however this will reset the 365-day
expiry period (as set out below in Clause 4).
4. Expiration of points
Level Points
Level Points will remain
valid for 12 months. This period will always finish at the end of the month. If
you earned Level Points on June 9, 2022, they would expire on June 30, 2023,
unless adidas explicitly states otherwise. Level Points cannot be transferred
between members. Level Points have no cash value and cannot be exchanged for
cash.
Points to Spend
To reward our most loyal members, there will be more adiClub
benefits for those who earn points on a regular basis. Points to Spend will
expire, on a rolling basis and to the end of the Calendar month, 12 months
after your last purchase or activity that
earned you Points to Spend. But because all good things must come to an end,
any Points to Spend can only be retained for a maximum period of 36 months -
towards the end of the month - before they expire automatically. Please note
that neither a purchase later fully returned, nor the birthday bonus will
extend the expiration of your Points to Spend.
Example: If you earned Points to Spend on 1 January 2022 and
10 January 2022, all your Points to Spend will be saved until end of January
2023. However, if you made a purchase on 21 June 2022 and earned some more
Points to Spend, all your Points to Spend will be available for 12 months after
that purchase until the end of June 2023. The Points to Spend earned in January
2022 will in any case not be available anymore after the end of January 2025.
Points to Spend cannot be transferred
between members. Points to Spend cannot be exchanged for
cash.
The Club has four
separate levels. You can move up through the different levels by earning Level
Points.
Level 1 is the
entry-level for members with 0–999 Level Points. You just need to register for
the Club to be part of this level, and no purchase of any products is required.
Level 2 is for members
with 1,000–2,999 Level Points. Level 3 is for members with 3,000–8,999 Level Points.
Level 4 is for members with 9,000 Level Points or more.
You can climb to the
higher levels by accumulating the number of Level Points mentioned above within 12 months of the end of the month of registration
or current level entry (the “Membership Year”). At higher levels, you can
access even greater benefits. If level upgrades are achieved by acquiring Level
Points through purchases of our products, we reserve the right to delay this
upgrade for a period that is equal to the applicable return period for the
purchased product(s).
You must meet the
requalification requirements at the end of your membership year in order to
remain at your current level. If not, you will be downgraded to the level
below. Returns can cause you to drop down multiple levels. For example, if you
return an order or product, the points earned will be deducted, which could
cause you to drop by that number of points.
6. Level requalification
If you are in level 2,
3, or 4 and you do not earn enough Level Points during the current
requalification period, you will be downgraded to the next level down,
regardless of the number of qualification Level Points you have accumulated by
this date.
The requalification
period starts on the date you reached a new level and ends 12 months later,
always at the end of the month. The number of Level Points you need in order to
requalify for your current level is equal to the minimum Level Point balance
needed to enter that level.
Level Points earned
after your last level entry will count towards requalification Level Points.
The new requalification period will start on the exact date of that level
upgrade and end 12 months later at the end of the month. After a level upgrade,
your requalification Level Points will be set to 0.
If you do not earn
enough Level Points for your level during the requalification period, you will
be downgraded. The downgrade will take place after the last day of the
requalification period, which is always at the end of the month.
If you are downgraded,
your new requalification period will start on the exact date of your downgrade
and end 12 months later at the end of the month, unless you upgrade during this
period. After a level downgrade, your requalification Level Points will be set
to 0. If a member does not earn enough Level Points for their level within the
requalification period, they will be downgraded. The downgrade will take place
after the last day of the requalification period, which is always at the end of
the month.
7. Rewards
Entry and progress through each of
the above-mentioned levels will unlock a set of new rewards for members as set
out here adidas adiClub Membership Program | adidas DE. 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.
Points to Spend can be redeemed against a number of use
cases. Some examples of the possible use cases, to which additional terms and
conditions may apply, are vouchers (e.g., a 20% off Voucher) (“Voucher”), the
redemption of Points to spend for Money can’t buy products (“MCBP”), and the
use of Points to Spend to participate raffles.
Specific use cases (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.
9. 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 in Section 2.3 of the Platform Terms of Use,
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.
10. 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 account.
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.nl/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
AG
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.