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Last Updated: March 18, 2014
(a) Personal Information
Personal information is information about a person whose identity is apparent from the information, and includes identifiers such as the individuals name, email address, postal address, phone number, gender, social media information and profile, credit card information (collectively, "Personal Information").
We will not collect any Personal Information from you unless you choose to provide it to us. Personal information is only collected when it is reasonably necessary for, or directly related to, one or more of the activities or services we provide.
When you make a purchase from New Balance, request to join our mailing list or sign up for email offers we collect necessary Personal Information that you have volunteered. Your submission of this Personal Information is entirely voluntary. You may elect not to provide this Personal Information, or to de-identify yourself through the use a pseudonym, however, some of the services and/or features available on and/or through the Service may not be available for your use. For example, it may be impracticable for us to transact with you for the purchase of product or the provision of other services if you have not identified yourself, or do so through the use of a pseudonym.
We also collect Personal Information when you elect to submit such information to us when you register for "My Account", participate in a contest, event or sweepstakes promotion, fill out a survey, or contact us (for example via email).
(b) Information not Personally Identifiable
Like most websites, every time you visit our Service, we automatically collect information from you that is not Personal Information. Examples of this type of information include:
- The type of Internet browser you are using
- The type of computer operating system you are using
- Your computer’s IP address
- The domain name of your Internet service provider
- The Web page from which you came
- The pages you visit on our website
You can visit many of our Web pages without providing us with any Personal Information. When you visit the Service, we may track your visit and, as described below in the section concerning "cookies", collect certain data regarding your use of the Service and your activity on the Service. You may elect to limit this process of collection of this type of information, as described in the "cookies" section below.
(c) Sensitive Information
New Balance does not collect any "Sensitive Information" such as information about your race, political opinion, memberships or political associations, religious beliefs, philosophical beliefs, memberships of professional or trade associations, trade unions, sexual preferences, criminal records, health records or genetic information.
Collection and Use of Information
The Personal Information we receive allows us to personalize our product offering and improve your online shopping experience, making it more convenient, efficient and enjoyable. We may use the Personal Information that you submit to us through the Service to:
- Customize your communications and shopping experience
- Process your purchase, confirm your orders and communicate to you about account information or customer service needs
- Adapt the content and layout of our pages tailored to your needs and so you do not have to enter information more than once
- Notify you about our new products and services, special offerings and other promotions
- Coordinate contests, promotions, surveys or other website features
- Improve our business and better respond to your needs
- For any other purpose for which you provided your Personal Information
New Balance will take all reasonable steps to destroy or de-identify Personal Information if it no longer needs the information, unless the Personal Information is contained in Commonwealth records, or we are required under Australian law or Court order to retain the information.
The Personal Information we receive from you will only be used for the particular purpose for which you provided it, and will not be used by New Balance for any secondary purpose, unless you consent to that use or the disclosure is required or authorized by Australian Law or a court/tribunal order or if it is reasonably necessary for the enforcement activities of an enforcement body.
Sharing of Information
We may use your Personal Information in the aggregate for purposes such as reporting and marketing. Such use of Personal Information in the aggregate is not personally identifiable.
We may disclose Personal Information upon governmental request, in response to a court order, when required by law, to enforce our website policies, or to protect our or others' rights, property, or safety. We may also share Personal Information with companies assisting in fraud protection or investigation. We do not provide Personal Information to these agencies or companies for marketing or commercial purposes.
Disclosure of Information outside Australia
New Balance may disclose your information outside Australia to members of the New Balance corporation or our service providers located in various other countries from time to time.
New Balance takes all reasonable steps to ensure that any overseas recipient of any Personal Information will hold and use that information in accordance with the Australian Privacy Principle, or the equivalent provisions in the country in which they are located.
Information posted on public areas of the Service
If we determine that it is not reasonably necessary for, or directly related to, one or more of our activities then we will either destroy, remove or de-identify the information as soon as practicable.
If the Unsolicited Personal Information is supplied by a third party, then we will notify you of the collection of that information and the steps that have been taken in relation to that information.
Any Unsolicited Personal Information you post and/or disclose in a public forum in the public areas of the Service shall be deemed to be non-confidential, as it may be publicly viewable.
You should use your discretion to exercise caution before you post Personal Information in public forums, such as the NB blog. Once you release your Personal Information for posting on public forums, New Balance is not responsible for the privacy and/or security of such information, other than that required under the Australian Privacy Principles or at law.
Protecting your information
We have a variety of security measures to protect against the loss, misuse or alteration of your Personal Information that we have collected from you from the Service. To ensure the information you provide online is secure during transmission, we use leading edge encryption technology and Secure Socket Layers (SSL) while processing any Personal Information you supply.
These controls are certified by VeriSign®, a leading Internet security company. You can review our security certificate using your browser by clicking on the closed lock or solid key image at the bottom of your browser on any of the secure pages on our site. This will display our Service security information.
For security purposes, your full credit card number is not permanently stored within our system. On occasion, we may temporarily store the entire encrypted credit card number when it is necessary to manually contact a credit card company for verification.
You agree that in order for us to provide the Service and any services incidental to it (such as online shopping functions), we may need to store or transfer your Personal Information to servers located outside of Australia.
Cookies, Web Beacons and Pixel Tags
(a) Collection through cookies, web beacons and pixel tags
A cookie is a small removable data file stored by your Web browser on your computer. Cookies allow you to browse and place an order on our site and let us make shopping more convenient for you. We place a unique identifier in the cookie and use the cookie to connect your computer with the information we store for you in our database.
- Enable you to select products, place them in your shopping cart and make a purchase
- Recognize you when you come back to our site(s)
- Alert you to new areas that may be of interest to you
- Customize Web page content that may be helpful to you
- Cookies do not contain any Personal Information and they do not give us access to your computer.
Pixel tags and Web beacons are tiny graphic images that allow us or preferred service providers to track non-personally identifiable analytic information about your visit to our Service (such as pages viewed or links clicked). Pixel tags and Web beacons also let us know when you have opened an HTML email from us. Using this information we are able to understand how Visitors and Members use our service. This allows us to learn what pages are most attractive to our Visitors, which parts of the Service are the most interesting and what kind of offers our Members like to see.
(b) Turning off some of these tools
You may turn off certain of these tools, through configuring your computer or web browser, however you may not have access to some functions of the Services, and other functions may not function properly. You may still, however, place telephone orders for products by contacting our customer service.
You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your Internet browser (such as Internet Explorer or Firefox) settings. Most browsers are initially set to accept cookies. Each browser is a little different, so check your browser Help menu to learn the correct way to modify your cookie settings. However, if you choose to turn cookies off, you won't be able to purchase on our site or have access to many features that make your site experience more efficient and convenient. You can, however, still place orders over the telephone by calling our Customer Care Center toll-free at 1800 580 363.
We do not knowingly ask for Personal Information from anyone under the age of 13 (a "Child"). If a Child submits Personal Information to us and we know that the person providing the information is a Child, we will not use it for any purpose. We will take all reasonable steps to destroy that information as soon as we discover it and we will not disclose it to third parties. If you become aware that a Child has provided Personal Information to our site, please contact us or call our Customer Care Center toll-free at 1800 580 363.
While New Balance's policy prohibits children under 13 from registering with the Service, parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address and other Personal Information without parental permission.
Links from New Balance to other sites
At times, we may provide links from our Service to other websites operated by third parties. These links are provided only for your convenience and intended to add value to your visit. However, by including these links, even if affiliated with New Balance, we do not have control over these sites, which are independent from New Balance and have separate privacy policies and terms and conditions. When leaving our Service, you need to be aware that our policies no longer apply. Therefore, we will not be responsible for the accuracy, relevancy, availability, reliability, copyright compliance, legality or decency of material contained in third party sites linked to our Service. We strongly encourage you to review the terms and privacy policies of any third-party sites before using their sites.
Opt-Out and Unsubscribe from New Balance Email
If for any reason you would like to be taken off the email list that notifies you of upcoming events, offers and sales sent by New Balance or to opt-out of having your Personal Information transmitted to our third party service providers, simply click the unsubscribe link provided at the bottom of every email and every page of our Service. This will direct you to an unsubscribe page where you can remove your name from the email list.
Please note that if you decide to opt-out of all third-party transmissions of your Personal Information, we may not be able to process any order that you may make.
Access to, and correction of, Personal Information
We have mechanisms for viewing, updating or correcting any of your Personal Information that we hold.
You have access to any of your Personal Information that New Balance holds through your "My Account" details. Accounts may be created during the ordering process, which will contain Personal Information. You can login to or manage your account and the information it contains by clicking the "My Account" link at the top of any page. After logging in, you will be able to modify any Personal Information you have provided, including your contact information, update your billing and shipping addresses, view past orders, or delete your account completely.
For security purposes, credit card information is not saved with your account. Remember that you are responsible for protecting the user name and password for your account and, as set forth in the Terms and Conditions, you will be responsible for all activity occurring through the use of your user name and password.
You may request access to, and correction of, any Personal Information we hold about you by contacting us at Customer Care Center toll-free at 1800 580 363 or email email@example.com.
You may complain about a breach or misuse of your Personal Information, by contacting us in writing to the postal or email address listed in the "About Us" section of this website. You should include your name, postal or email address, contact telephone number, details of the nature of the complaint, and any relevant information or documents. We will acknowledge your complaint and advise you of the steps in dealing with your complaint.
Independent of any complaint made to us, you may also be entitled to make a complaint to the Office of the Australian Information Commissioner.
TERMS AND CONDITIONS
Looking for the Fitness First Promotion Terms and Conditions? View here.
Last Updated: October 4, 2012
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
1. PRODUCT PURCHASE
From time to time, New Balance may offer products for sale as part of the Service. New Balance reserves the right to change the descriptions, specifications, and prices of the products offered on the Service without notice and at any time. New Balance does not warrant that such descriptions, specifications and prices of such products are accurate, complete or current at all times. Such products may not be available for delivery to your country of residence. Our delivery to you of an email confirmation following your placement of an order does not constitute our acceptance of such order, and we reserve the right to reject such order or limit the quantity of products under such order.
2. TRADEMARKS AND COPYRIGHTS
New Balance, the New Balance logo, the flying NB logo, N (design), newbalance.com, the newbalance.com logo, and other New Balance trademarks and logos are registered and unregistered trademarks and service marks of New Balance or its licensors (the “New Balance Trademarks”), and the trade dress of New Balance’s products is owned by New Balance. All other trademarks on the Service are the property of the respective trademark owners (the “Third-Party Trademarks”, and collectively with the New Balance Trademarks, the “Trademarks”). Unauthorized use of these trademarks is prohibited by law. Nothing on this Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without the prior written consent of New Balance specific for each such use. The Trademarks may not be used to disparage New Balance or the applicable third party, New Balance’s or third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without New Balance’s prior written consent. All goodwill generated from the use of any New Balance Trademark shall inure to New Balance’s website. All designs, Web pages and source code comprising the Service are copyrighted or licensed by New Balance. All rights reserved.
The following list is merely a representative sample of the Third Party Trademarks that may be in use at any given time on our Service. The use and specifics of these Third Party Marks can and will change without notice, and thus these Third Party Trademarks may not be currently in use on our Service: 3M® is a registered trademark of the 3M Company; Dri-Lex® is a registered trademark of Faytex Corporation; ETC® is a registered trademark of Sheehan Sales Associates; GORE-TEX® and XCR® are registered trademarks of W.L. Gore & Associates, Inc.; Lycra® and Tactel® are registered trademarks of Invista; Ortholite® is a registered trademark of O2 Partners LLC; Pebax® is a registered trademark of ARKEMA; Plastazote® is a registered trademark of Zotefoams, PLC; Poliyou® is a registered trademark of Kun Chang Enterprise Co., Ltd and Jones & Vining; Polartec® is a registered trademark of Malden Mills Industries Inc.; Scotchgard™ is a trademark of 3M Company; Vibram® is a registered trademark of Vibram S.P.A.; and X-Sole™ is a trademark of Hickory Brands, Inc.
3. RESTRICTIONS ON USE
All content and material on the Service, such as text, graphics, video, audiovisual works, logos, photographs, icons, images, audio clips and software, are the property of New Balance or its licensors and are protected by United States and international copyright laws. The compilation of all content and material on the Service is the exclusive property of New Balance and protected by U.S. and international copyright laws. Notwithstanding the foregoing, New Balance is not responsible for Content (as defined below) posted, submitted or transmitted by Users of the Service. Content and material from the Service and any other website owned, operated, licensed, or controlled by New Balance may not be copied, except by a User solely for his or her personal use, and such content and material may not be distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of New Balance. Modification or use of the content or material for any other purpose would violate New Balance's and/or its licensors' intellectual property rights. The content and material on the Service is provided for lawful purposes only. In the event you download software from the Service, the software, including any files, images, video or other audiovisual works incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed non-exclusively to you by New Balance and/or its licensors. New Balance does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. The Software is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of United States export laws. Downloading or using the Software is at your sole risk.
Any other intellectual property embodied in the Service or New Balance products, including without limitation patents, issued or pending, are the sole property of New Balance and/or its licensors.
Your access to and use of certain components of the Service as a Member is subject to verification of your authority to so access and use such components of the Service. You shall hold and secure any username and password that provides you access to the Service or any particular component thereof as strictly confidential, and you shall not allow any other person access to or use of such username and password. You are responsible for any and all activity related to the Service accessed or used via your account. You shall immediately notify New Balance of any unauthorized use of your username and password by sending an email to firstname.lastname@example.org.
New Balance may add, delete, remove, modify, disable, suspend or restrict some or all of the Service at its sole discretion without notice to you, and you acknowledge that: (i) you may no longer be able to use the Service to the same extent, or at all, as prior to such events, and (ii) New Balance shall have no liability to you or any third party in such case. New Balance shall not be liable in any event for the addition, deletion, removal, modification, disabling, suspension or restriction of access to or use of any or all of the Service.
Use of and Membership in the Service is void where prohibited. By using the Service as a Member, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your Membership may be terminated without warning, if we believe that you are under 13 years of age.
You are solely responsible for your interactions with other Members. New Balance reserves the right, but has no obligation, to monitor disputes between you and other Members.
4. POLICY CONCERNING CLAIMS OF INFRINGEMENT
It is the policy of New Balance to respond expeditiously upon receiving notice of claimed intellectual property infringement on the Service. New Balance will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (where applicable) and other applicable intellectual property laws with respect to any alleged or actual infringement.
All notices as to matters of copyright infringement should be sent to our designated agent at the following address:
New Balance Athletics, Inc.
20 Guest Street
Boston, MA 02135-2088
Notices as to matters of copyright infringement should contain the following information:
a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner who is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit New Balance to locate the material.
d. The address, telephone number or email address of the complaining party.
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
New Balance reserves the right to (i) remove any material which it believes may violate the copyright or other rights of any third party and/or (ii) limit access to or from the Service for any user whom New Balance believes is violating any such rights of others.
5. SUBMISSIONS AND COMMUNICATIONS
You agree that you will not upload or transmit any remarks, suggestions, messages (including without limitation to other Members) ideas, photographs, graphics, information, data, text, files, links, software, or other materials (“Content”) that: (i) infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, (ii) are offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual, (iii) harass or advocate harassment of another person, (iv) exploit people in a sexual or violent manner, (v) contain nudity, violence, or offensive subject matter or contain a link to an adult website, (vi) solicit personal information from anyone under 18, (vii) provide any telephone numbers, street addresses, last names, URLs or email addresses, (viii) promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (ix) promote any illegal or unauthorized copy of another person's copyrighted work, (x) involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”, (xi) contain restricted or password only access pages or hidden pages or images, (xii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, (xiii) solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users, (xiv) involve commercial activities and/or sales without New Balance’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes, (xv) imply that New Balance endorses any of your statements or positions, (xvi) impose an unreasonable burden on the Service’s server, or (xvii) include a photograph of another person that you have posted without that person's consent.
You acknowledge that you are responsible for whatever Content you submit, and you, not New Balance, shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights.
New Balance shall have the right to refuse to post or transmit all or any portion of any Content. By way of example and not in limitation of anything else in this Agreement, New Balance shall also have the right, but not the responsibility, to refuse, remove or edit any Content (in whole or in part).
The Service may link to other websites which are not maintained by New Balance and which are owned and operated by third parties. You acknowledge that New Balance is not responsible for the operation of, or content located on or through, any third-party websites. The inclusion of a link to such website does not imply endorsement by New Balance and/or the Service. Viewing of any website linked to the Service is at your own risk.
You may not link to any of the websites in the Service other than www.newbalance.com.au from another site without New Balance's written consent. You may not display any of the websites in the Service, or any of the material on such websites, in frames on or within any other website without New Balance's written consent.
You hereby agree to indemnify, defend and hold harmless New Balance and its subsidiaries, divisions and affiliates and each of their officers, directors, representatives, agents and employees (collectively, the "Indemnitees") from and against any and all liability, damages and costs (including, without limitation, attorneys' fees) incurred by the Indemnitees in connection with your use of the Service, including without limitation with respect to any claim arising out of any Content that you submit or breach or alleged breach of any of your obligations set forth herein. New Balance reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of New Balance. You shall cooperate as fully as reasonably required in the defense of any claim.
The disclaimers, limitations and exclusions in this clause are subject to clause 10 and are made to the fullest extent permitted by law.
NEW BALANCE, ITS SUBSIDIARIES, DIVISIONS AND AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “NEW BALANCE PARTIES”) DO NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE NEW BALANCE PARTIES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT CONDITIONS, WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE NEW BALANCE PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE NEW BALANCE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY CONDITION, WARRANTY, GUARANTEE OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.
THE NEW BALANCE PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU (AND NOT THE NEW BALANCE PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE.
9. LIMITATION OF LIABILITY
The disclaimers, limitations and exclusions in this clause are subject to clause 10 and are made to the fullest extent permitted by law.
THE NEW BALANCE PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE SERVICE OR ANY CONTENT ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. THE NEW BALANCE PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE SERVICE EVEN IF THERE IS NEGLIGENCE BY THE NEW BALANCE PARTIES OR IF AN AUTHORIZED REPRESENTATIVE OF THE NEW BALANCE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE NEW BALANCE PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM LINKING TO ANY THIRD-PARTY WEBSITE.
10. EXCLUSIONS AND LIMITATIONS
The Australian Consumer Law (“ACL”) sets out certain consumer rights and remedies that cannot be excluded, restricted or modified. Full details of these can be obtained from the Australian Competition and Consumer Commission at www.accc.gov.au or from a local consumer protection agency. These Terms and Conditions are subject to the ACL and nothing herein limits those rights and remedies in any way.
Where the ACL or any law implies a condition, warranty or guarantee into these Terms and Conditions which cannot be lawfully excluded, the New Balance Parties liability for breach of such a condition, warranty or guarantee will be limited, to the extent permitted by law and at New Balance’s option, to the resupply of the Service or the payment of the cost of resupply of the Service.
New Balance may terminate any rights granted hereunder at any time. You may terminate any obligations granted hereunder by destroying: (a) all content and material obtained from the Service, and (b) all related documentation and all copies, printouts, and installations. New Balance may prevent your access to the Service or cancel your Membership immediately without notice if, in its sole judgment, you breach any provision of these Terms and Conditions or for any other reason (or no reason) whatsoever.
Sections 1 (PRODUCT PURCHASE), 2 (TRADEMARKS AND COPYRIGHTS), 3 (RESTRICTIONS ON USE), 4 (POLICY CONCERNING CLAIMS OF INFRINGEMENT), 5 (SUBMISSIONS AND COMMUNICATIONS), 6 (LINKS), 7 (INDEMNIFICATION), 8 (DISCLAIMER), 9 (LIMITATION OF LIABILITY), 11 (TERMINATION) and 15 (MISCELLANEOUS) shall survive the termination of this Agreement.
12. IMPORTANT NOTICE FOR AMATEUR ATHLETES
You are responsible for ensuring that your use of or participation in the activities of this website does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. NEW BALANCE IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE WEBSITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
13. NO RESALE
You may use the Service only for your own non-commercial use to participate in the website or to place an order or purchase products. Any other use is prohibited unless agreed to by New Balance in writing.
14. COMPLIANCE WITH APPLICABLE LAWS
We make no claims concerning whether this website, the Service or the Content may be downloaded, viewed, or be appropriate for use outside of Australia. If you access the Service or the Content from outside Australia, you do so at your own risk. Whether inside or outside of Australia, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The United States controls the export of products and information. Your use of the Service may be subject to such export control laws. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of Australia. The courts of Australia will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Service or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.