TERMS OF USE

Updated April 29th 2021

These terms of use ("Terms of Use") govern the use of this website, nz.puma.com ("Website"). By accessing, using, browsing, registering with or contributing to this Website and any other area of this Website where you can post submissions or reviews or ask questions, you agree that your access to, and use of, this Website is subject to these Terms of Use and all applicable laws, and is at your own risk. If you do not agree to these Terms of Use in their entirety, you must not use this Website.

COPYRIGHT AND TRADE MARKS

This Website and all material provided on this Website are owned or licensed by PUMA SE, PUMA WAY 1, 91074 Herzogenaurach GERMANY, which is the ultimate holding company of Puma Australia Pty Ltd (collectively called "Puma", "we", "us" or "our", where appropriate), including the "look" and "feel" of this Website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements. Except where necessary for viewing the material on this Website on your browser, or as permitted under the Copyright Act 1994 (New Zealand), or other applicable laws or these Terms of Use, nothing on this Website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Puma.

Various trade marks displayed on this Website (whether registered or otherwise) are owned or licensed by PUMA SE. Other product and company names mentioned on this Website may be the trade marks of other people or entities. The trade marks displayed on this Website must not be used or reproduced without the prior permission of the relevant owner. If you are an authorised reseller of Puma products and would like to request permission to use photography or other content from this Website for business purposes, please contact our Customer Support via email.

DISCLAIMER

The information contained on this Website is provided by Puma in good faith. To the best of Puma’s knowledge, the information is accurate and current. However, this Website and its contents are provided to you on "as is" basis. This Website may contain errors, faults and inaccuracies and may not be complete and current. Puma and its related bodies corporate, and their directors, officers, employees, and agents ("Puma's Associates") make no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials or products included on this Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.

MEMBERSHIP

You may apply for membership of PUMA ONLINE if you are aged 18 years or over, and have an active email account. Mandatory fields will be name, and email for membership sign-up. Phone number is not mandatory but will be prompted at sign-up.

Membership of PUMA ONLINE is free. However, we may refuse your application or terminate your membership for any reason and at any time.

You may terminate your membership at any time and for any reason online by changing your account preferences in your customer account on nz.puma.com; or by contacting our Customer Support on 0800 800 094.

As a PUMA ONLINE member, you may agree that we contact you with invitations, offers and promotions as part of your membership. If you do not wish to be contacted, please exercise the “unsubscribe” option on these invitations, offers and promotions but you’ll no longer get access to discounts and the offers made exclusively to members of PUMA ONLINE.

To the maximum extent permitted by law, Puma and its related companies and the directors, officers, employees, agents and contractors of those companies exclude all liability for any loss, damage, cost, expense or injury (including direct, indirect, special, incidental or consequential loss, loss of revenue, profits, anticipated savings, product will or business opportunity, injury to your reputation) in contract, tort (including negligence), under statute or otherwise, howsoever caused including arising directly or indirectly from or in connection which you may suffer as a result of being a member of PUMA ONLINE.

LIMITATION OF LIABILITY

Your use of this Website is at your own risk. To the extent permitted by law neither Puma nor any of its directors, officers, employees, agents and contractors, nor any of their agents, contractors or any other party involved in creating, producing or delivering this Website or any content shall be liable (and you hereby discharge the aforesaid entities from any and all liability) for any direct, indirect, special, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise) that results from the use of, or the inability to use, this Website or content or any other material or product provided to you via this Website, including damage caused by viruses or any incorrectness or incompleteness of the information on this Website, or relating to the performance of the products obtained via this Website or otherwise arising out of or in connection with this Website or these Terms of Use, even if Puma has been advised of the possibility of any such loss or damage.

VIRUS WARNING

All care is taken to ensure that this Website and data transmissions are free from viruses. However Puma cannot guarantee that any file or program available for download and/or execution from or via this Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on this Website, and you release Puma entirely of all responsibility for any consequences of its use.

Further, information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.

USE OF COOKIES

Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser, you may not be able to fully experience all features of this Website.

This Website may be accessed from New Zealand or overseas. Puma makes no representations that the content of this Website complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access this Website from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website if and to the extent that they are applicable.

Only you and Puma shall be entitled to enforce these Terms of Use. You may not assign, transfer or sub-contract any of your rights or obligations under these Terms of Use to any third party unless we agree. No third party shall be entitled to enforce any of these Terms of Use, whether by virtue of legislation or otherwise.

OWNERSHIP OF SUBMISSIONS

Other than Personal Information which is subject to our Privacy Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Puma on or through this Website or otherwise disclosed, submitted or offered by you (collectively, "Submissions") shall become and remain the property of Puma once submitted. You must comply with the content standards for Submissions set out in these Terms of Use. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines. You warrant that you have the right to grant to Puma the rights set out in these Terms of Use in respect of your Submissions.

SOCIAL NETWORKING SITES

These Terms of Use also govern any Submissions you make on any Puma related third party website or page such as our Facebook page, Twitter, YouTube or other social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Puma or its directors, officers, employees, agents or contractors and Puma is not responsible for any such content. In any event, all material posted on any third-party social networking site must comply with these terms and the third-party social networking sites terms of use, as applicable.

INTELLECTUAL PROPERTY RIGHTS

A disclosure, Submission or offer of any Submissions and your agreement to these Terms of Use shall constitute an assignment to Puma of any intellectual property rights in the disclosure submission. Whenever you make use of a feature that allows you to upload material to this Website, including questions, or to make contact with other users of our site or to make submissions on any Puma related third party website or page, you must comply with the content standards set out below (including the spirit of those standards) and with these Terms of Use. Any third-party advertising on Puma pages of third-party social networking sites are not the responsibility of, or endorsed by, Puma. All rights, including copyright on Puma pages are owned by or licensed to Puma. Any use of any Puma social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Puma. All worldwide rights reserved.

ELECTRONIC COMMUNICATIONS

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that communications be in writing. You agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002 (New Zealand).

INDEMNITY

You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of those parties suffer to the extent due to your breach of these Terms of Use.

AMENDMENTS

We reserve the right to change these Terms of Use at any time. The revised Terms of Use will be published on this Website.  Any amendments will apply from the date the revised Terms of Use are published. Your continued use of this Website will constitute acceptance of any amended Terms of Use.

TERMINATION

We may decide to suspend or discontinue this Website at any time.

Puma reserves the right to, at its discretion; to terminate your access to and use of this Website: a) for convenience, at any time, upon provision of notice to you; b) immediately: i. if Puma reasonably believes that you have breached these Terms of Use, and that breach is not capable of remedy; or ii. if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

SEVERABILITY

If any provision of these Terms of Use is found to be invalid or unenforceable, the provision will be deemed severed from the Terms of Use and the remainder of the terms will continue in full force and effect. Any failure by us to enforce strict performance of any of these Terms of Use will not be construed as a waiver of any of our rights or remedies in respect of any existing or subsequent breach of the Terms of Use.

GOVERNING LAW

These Terms of Use are governed by and are to be construed in accordance with the laws applicable in New Zealand. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Auckland and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

CONTACT

If you have any queries or concerns, please contact our Customer Support at phone number: 0800 800 094 or email:  onlinestore-nz@puma.com

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