TERMS AND CONDITIONS
Date of last revision: September 2017
By accessing or using these Platforms on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you agree that you have read, understand and agree to be bound by these Terms and the applicable law, whether or not you are a registered member of NIKE. We may change these Terms at any time without notice, effective upon its posting to the Platforms. Your continued use of the Platforms shall be considered your acceptance to the revised Terms. If you do not agree to these Terms, please do not use these Platforms.
A.Use of Platforms
1.Physical Activity Notice
The Platforms may include features that promote physical activity. Please consider the risks involved and consult your medical professional before engaging in any physical activity. We are not responsible or liable for any injuries or damages you may sustain that may result from your use of, or inability to use these Platforms.
All intellectual property on the Platforms (except for “User Generated Content” defined in Part C) is owned by NIKE or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the NIKE name and the Swoosh design) are owned, registered and/or licensed by NIKE. All content including, but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) on the Platforms (except for User Generated Content), is a collective work under the copyright laws of Hong Kong and other countries/regions and is the proprietary property of NIKE, and is also protected by applicable copyright laws and treaties around the world. All such rights are reserved. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify NIKE trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Platforms, without our prior written consent. The use of NIKE trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Platforms in any external Internet site or the creation of links, hypertext or deeplinks between the Platforms and any other Internet site, is prohibited without the express written consent of NIKE.
3.Platforms Use Restrictions
You may use the Content only for your own non-commercial use to participate in the Platforms or to place an order or purchase NIKE products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platforms. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, post, transmit or sell any Intellectual Property or Content appearing on the Platforms, including User Generated Content (defined below), without NIKE's prior written consent, unless it is your own User Generated Content that you legally post on the Platforms. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you.
B.Purchase of Products
1.Product Orders (apply to the extent user who purchase from the Platforms)
1.1 All information on the Platforms is only an invitation to treat, and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (“Products”) from NIKE on the Terms.
1.2 All orders placed through the Platforms are subject to our acceptance. Acceptance of your order and the formation of a contract of sale of the Products between NIKE and you will not take place unless and until (i) we have sent you an email confirming that the Products have been dispatched or (ii) in the event that you have elected to collect the Products from S.F. Express (Hong Kong) Limited acting as your agent (the “Carrier”), we have sent you an email confirming that the Products have been dispatched to the Carrier (“Dispatch Confirmation”). If you have ordered more than one Product under a single order, the purchase contract is formed only in relation to the Product(s) for which NIKE has issued a confirmation email.
1.3 We may choose not to accept or cancel your order, in our discretion, under these Terms or for any reason whatsoever without liability to you or third party. If your debit card, credit card, bank account or any other third party payment account (Alipay/ Unionpay, etc) has already been charged for an order that is later cancelled, NIKE will issue you a refund to your original purchasing account. Please find details in the Purchase Terms and Conditions.
1.4 You agree that NIKE can cancel your order (and, if applicable, refund the relevant payment through your original payment platform), without any compensation under the following circumstances:
- You have reached an agreement with NIKE;
- Information of the Product on the NIKE website is obviously erroneous or the Product is out of stock;
- Pricing errors;
- Platforms technical problems;
- Your order information is obviously erroneous or your order quantity exceeds the stock;
- Due to force majeure, transportation delay, system failure or third-party attacks of the NIKE website and Platforms, and other circumstances beyond the control of NIKE, NIKE finds it necessary to cancel your order;
- You fail to complete payment within the specified time;
- We find that you used robots, scripts, plug-in software or other technologies to hack our network to purchase Products, which may affect the normal purchasing activities or rights and interests of other users, or affect the orderly sale of Products. We reserve all rights to take necessary legal actions to protect our rights and interests;
- The purpose of purchasing Products is for resale;
- Using others' accounts or identities to purchase;
- We find that the purchase evades the sale rules for special edition products (for example, purchase of more than one special edition product of the same model by one purchaser; use of the same debit card, credit card, bank account or third-party payment account to make the payment by multiple purchasers; multiple orders shipped to the same address, etc.);
- Breach of the Terms, or other regulations or policies of these Platforms, or restricted or forbidden acts in website activities, or circumstances in breach of principles of fairness and honesty (for example, you repeatedly refuse to accept the order of goods without legitimate reason or maliciously reserve the stock, etc.).
2.No Purchase for Resale
The Platforms are intended solely for us to sell NIKE products directly to end consumers, and therefore purchase for resale is not permitted. Purchase for resale means the purchase of Products by someone who resells, or intends to resell, the same to others (consumers, businesses or any third party). If we believe you are involved in purchase for resale, we reserve the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your Platforms accounts.
3.Delivery, Title and Risk
Orders will be sent, via the Carrier, to the delivery address that you have given or selected, as the case may be, on your order form. We will not be responsible if that delivery address is incorrect or incomplete. Please note that there are restrictions on the locations to we deliver Products purchased from the Platforms set out at Delivery Area [insert hyperlink]:
(a)Available delivery methods in case the delivery address is in Hong Kong: (i) delivery to your residential address; (ii) delivery to your nominated address, or (iii) self-pickup of Products from designated NIKE’s stores or S.F. Express stores;
(b)Available delivery methods in case the delivery address is in Macau: (i) delivery to your nominated address;
When you have selected your preferred delivery method (provided that your order has been accepted by NIKE), your order shall be processed and we will endeavour to dispatch your order in accordance with the estimated delivery times set out at “Shipping Methods & Timeline” , whichever is applicable, or as otherwise specified upon completion of order. Please note that the delivery dates specified in your order, the email confirming the order or on the “Shipping Methods & Timeline/ Macau Shipping Policy” are estimates only. We shall not be liable for any failure to deliver on any particular date. Estimated delivery times will be calculated from the date on which the order is processed, unless otherwise specified.
For delivery to Macau only
You agree that all Products ordered on the Platforms shall be shipped by S.F. Express (Hong Kong) Limited acting as your agent (the “Carrier”), and any claims for damages in delivery must be filed with the Carrier.
There may be additional restrictions or exclusions in respect of Macau set out at “Shipping Methods & Timeline” . These may change from time to time. We shall endeavour to notify you of such restrictions.
The Carrier may request your contact details and other relevant information for delivery of the Products in accordance with relevant laws and regulations. You agree that your submission of such information is at your risk, and you hereby release NIKE from any and all liability to you for any loss or liability relating to such information in any way.
3.2 Property in the Products you have ordered will pass to you under the following circumstances:
For delivery to Hong Kong only
Property in the Products you have ordered will pass to you when you, or any third party on your behalf other than the Carrier, receive the Products; For delivery to Macau only
Property in the Products you have ordered will pass to you on delivery of such Products to the Carrier or you, whichever is earlier.
3.3 Once the property in the Products have been passed to you all risk of damage to, or loss of, the Products shall pass to you. If you fail to take delivery or the Carrier is unable to deliver the Products, the risk in the Products will still pass to you, and we shall be entitled to charge you for any additional storage costs or delivery fees incurred by us.
4.Refunds and Returns
4.1 Should you wish to return any Products, you may only do so in accordance with our Returns Policy. This Returns Policy does not affect your statutory rights as a consumer. For returning goods from Macau only 4.2 We recommend that you insure your package for safe return to NIKE, and you are requested to declare the full value of the shipment to S.F. Express so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to insure or declare the full value of the Products, you will be responsible for any loss or damage to the Products during shipping. NIKE is not responsible for any risk of damage to, or loss of, the Products upon return.
C.User Generated Content and User Account
1.Safeguard Your Username/Password
You are responsible for any actions that take place while using your NIKE account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platforms. We are not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
2.User Generated Content
"User Generated Content" refers to communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platforms users post or otherwise make available on or through the Platforms, except to the extent the Content is owned by NIKE.
Posting Rules: User Generated Content and User Conduct
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Platforms. Do not take any action or post anything that may expose NIKE or its users to any harm or liability of any type.
4.Be Relevant and Constructive.
You agree to stay on topic and post only constructive comments and questions. Unless the Platforms feature asks for it, you agree not to talk about policies, future products, speculations or rumors about NIKE and NIKE products, or anything else off topic.
5.Be Courteous and Appropriate.
Flaming and insults are prohibited. You agree not to post User Generated Content, or a link to a website, that, in NIKE's sole discretion, is illegal, offensive, libellous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. You agree not to post photos or videos of another person without that person's consent. You agree not to “stalk”, intimidate, abuse, harm or harass another Platforms user or person.
You agree not to post personal information. You agree not to collect or solicit personal information from other Platforms users or send unsolicited emails or other communications. You agree not to collect, use or post on the Platforms the private information of anyone else without their consent or for illegal purposes.
The Platforms are not to be used for any commercial purpose without our approval. You agree not to post any advertising, solicitation or commercial content whatsoever on the Platforms or accept payment from a third party in exchange for your performing commercial activity on the Platforms. You agree not to post any User Generated Content that involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”. You agree not to use automated scripts to collect information from, or otherwise interact with, the Platforms.
You agree not to impersonate any person or entity, including without limitation athletes or NIKE employees. You agree not to misrepresent yourself, your age or your affiliation with any person or entity. You agree not to register for more than one NIKE account, register a NIKE account on behalf of another individual, group or entity, or sell or transfer your profile or account. You agree not to use or attempt to use another person's account, username or password.
You agree that you possess or control all rights in any User Generated Content that you post on the Platforms. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You agree not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant NIKE all of the license rights granted in these Terms.
You agree not to post any User Generated Content, take any action or use the Platforms in an unlawful manner or in a manner that would create liability or promote illegal activities. You agree not to take any action on the Platforms to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platforms. You agree not to post User Generated Content that contains software viruses, programs or other computer code. You agree not to circumvent or modify any Platform security technology or software.
D.NIKE's Rights over User Generated Content and User Account
We reserve the right, but not the obligation, to pre-screen User Generated Content. We do not guarantee the Platforms will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. We are merely acting as a passive channel for such distribution and are not undertaking any obligation or liability in relation to any User Generated Content or activities of users on the Platforms. Even in the event we exercise the right to monitor any User Generated Content, we assume no responsibility for, or any obligation to monitor or remove, such User Generated Content. We reserve the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
2.Eligibility and Registration
To become a member of the NIKE Platforms, or post User Generated Content, you are required to register for an account unless you have our permission. You agree to provide accurate and current information about yourself in all registration forms on the Platforms. These Platforms are intended solely for users who are eighteen (18) years of age or older, or those who are between thirteen (13) years and eighteen (18) years of age with the their guardian's consent to use the Platforms (“Guardian's Consent”). Anyone under 13 shall not register for the Platforms. You represent to us and warrant that you are 18 or older, or you are between thirteen (13) years and eighteen (18) years of age with the Guardian's Consent. Your account may be deleted without warning if you misrepresent your age, whether older or younger.
3.NIKE's Rights to Your Posting
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to NIKE a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
4.Copyright Infringement Complaints
If you believe that your work has been improperly copied and posted on the Platforms, which constitutes infringement, you may provide us with the following information:
- The name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
- A description of the copyrighted work including its title (if any) that you claim has been infringed;
- The web address of the copyrighted work that you claim has been infringed or a description of where on the Platforms the material that you claim to be infringing is located;
- Any preliminary evidentiary material proving the existence of infringement including a written statement that you have believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You agree to follow the above requirements to give NIKE the notice of infringement. You shall report any copyright infringement complaints to:
Telephone: +852 82-122-122
You are advised to consult your legal advisor before filing a notice with our copyright agent. We reserve our rights to impose penalties for false claims.
These Platforms contain services and features that are available to certain mobile Devices. Your network operator's normal rates and fees are applicable. Not all mobile services will work with all Devices. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you agree to promptly update your account information to prevent us from sending your messages to a different person.
You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including but not limited to attorneys' fees arising from or in any way relating to your User Generated Content, use of Content, use of the Platforms, conduct in connection with the Platforms or with other Platforms users, or any violation of these Terms, any law or rights of any third party.
5.User Interaction Disclaimer
You are solely responsible for your interactions with other people, whether online or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other Platforms users, persons you meet through the Platforms, or persons who find you because of information posted on, by or through the Platforms. We are under no obligation to be involved in any user dispute, but may do so at our discretion.
- WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY USER GENERATED CONTENT OR OTHER CONTENT POSTED ON THE PLATFORMS OR FOR ANY OFFENSIVE, UNLAWFUL OR OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE PLATFORMS.
- THE PLATFORMS, USER GENERATED CONTENT, CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS PLATFORMS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS SECTION DOES NOT AFFECT YOUR STATUTORY CONSUMER RIGHTS AND, IN RESPECT OF THE PRODUCTS, DOES NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY FOR BREACH OF THE STATUTORY RIGHTS SET OUT UNDER THE SALE OF GOODS ORDINANCE (CAP 26) RELATING TO GOOD TITLE, NO ENCUMBRANCE AND QUIET POSSESSION, CORRESPONDENCE WITH DESCRIPTION, MERCHANTABLE QUALITY, FITNESS FOR PURPOSE AND CORRESPONDENCE WITH SAMPLE.
- WE PROVIDE NO ASSURANCE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORMS.
- WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THESE PLATFORMS OR THE SERVER THAT MAKES THE PLATFORMS AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE PLATFORMS IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE.
- YOU AGREE THAT YOU DOWNLOAD OR IN WHATEVER WAY OBTAIN THE CONTENT AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OR HARM OF ANY KIND TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR ANY OTHER DEVICE IN WHICH YOU ACCESS THE PLATFORM.
- WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT AND OTHER ITEMS USED OR CONTAINED IN THE PLATFORMS AT ANY TIME WITHOUT NOTICE.
7.Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESE PLATFORMS OR THE PERFORMANCE OF THE PRODUCTS OR THE CONDUCT OF OTHER PLATFORMS USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A NIKE EVENT OR ANY USER GENERATED CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORMS. YOUR ONLY REMEDY AGAINST NIKE FOR USE OF THE PLATFORMS OR ANY CONTENT IS TO STOP USING THE PLATFORMS.
THAT SAID, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THESE PLATFORMS OR ANY CONTENT, OUR LIABILITY SHALL NOT EXCEED USD $100.00.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
F.Dispute Resolution and Termination
These Terms and all transactions relating to the Platforms are governed by Hong Kong law and both we and you hereby submit to the exclusive jurisdiction of the Hong Kong courts.
2.1By using the Platforms, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically satisfies any legal communication requirements, even if such communications have to be in writing.
2.2Our failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between us nor trade practice shall modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you.
If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is held unlawful, void or unenforceable, then that provision shall be severable from these Terms and the remaining provisions are still valid and enforceable.
- We reserve the right in our sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platforms for any or no reason, without notice, and without liability to you or anyone else.
- We also reserve the right to block users from certain IP addresses or Device numbers and prevent access to the Platforms.
- You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platforms, or on other platforms (e.g. Weibo, Google, etc), may continue to appear on the Platforms or on other platforms even after your User Generated Content is removed or your account is terminated.
- These Terms remain in effect even after your account is terminated. The Terms in relation to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms which may survive termination by their nature shall survive termination.