for the PUMA Shopping App
For any questions related to products offered for sale via the App or your purchase of such products, please contact: .
Australia customer service: firstname.lastname@example.org or 03 4514 5262
New Zealand customer service: email@example.com or 0800 447 278
- Availability, functionality and changes
- We offer You the possibility to use the App if and to the extent that the App is available and functional. However, We do not guarantee the continuous availability and functionality of the App.
- We are entitled to change the App, at any time and without prior notice, including to modify functionalities (“Changes”), provided that the App continues to generally provide the scope described in Section 2 and that such Changes are not unreasonable for You. We will also update the App from time to time to meet security requirements.
- Intellectual property and other protective rights
- The App contains many trademarks, trade names, service marks, copyrights and or logos of PUMA and may also contain several protected marks of PUMA's numerous affiliates and third parties. Such marks remain the property of their respective owners. You recognize and acknowledge the ownership of these marks and understand that You do not acquire, through use of the App or otherwise, any right, title, or interest in the marks. You agree that You will not change, modify and or exploit the marks, nor participate in any activity which modifies and or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization of PUMA is strictly prohibited.
- Duties of care and cooperation
- You are responsible to ensure that the electronic equipment You use has all the relevant technical specifications that are required for using the App.
- When using the App, you must not create any content that is misleading, insulting, offensive, discriminatory, is defamatory or promotes or supports an illegal act or otherwise violates applicable law.
- You agree to use the App solely in compliance with all applicable laws. You are prohibited from using the App to support activities that may cause Us to violate applicable law.
- You may not use, upload, copy, submit or publish any pictures, names or other text or other content which incite violence, are threatening, defamatory, obscene, discriminatory, inflammatory, sexually explicit or otherwise offensive or unlawful; consist of/contain content protected by law, including the name of products, services, companies, organizations or events which belong to a third party; infringe third party trademarks or other rights, including intellectual property rights, of third parties.
- By uploading content in the App or from the App on third party platforms (e.g. social media platforms), you confirm that any content (including without limitation names, text, pictures) you submit to us do not fall into any of the above categories listed in clause 3.4. .
- By uploading content in the App You grant Us and our affiliates a non-exclusive, worldwide, sub-licensable and transferable right to use, reproduce, publicly disclose and modify the content within the App.
- You also agree not to use the App in a way that
- searches, retrieves, copies or monitors the App and/or its elements using a program, algorithm, or comparable method for collecting or extracting data (such as using automated tools like bots, spiders, or scrapers),
- is designed to modify, reproduce, or otherwise make available to the public, or publicly broadcast, or create a separate service comparable to, or to replicate (any part of) the App,
- damages, disrupts or otherwise impairs the operation of the App as well as the systems, infrastructure and/or applications used to operate it, which includes sending, transmitting or implementing files that contain viruses, worms, Trojan horses, or other harmful or destructive features,
- is designed to investigate, scan or test vulnerabilities of the App or to circumvent or compromise security and/or authentication measures that protect the App and/or its elements;
- copies, translates, disassembles, decompiles, reverse engineers or otherwise modifies the software of the App in whole or in part, or creates derivative works thereof;
- is illegal, harmful to others, or may give rise to civil liability. You will not use the App to engage in any of the following activities: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and or (v) activities that infringe upon any legally protected property right, etc.
- Third Party Relationships
- The App may contain several links to other sites. These links are provided merely to assist You. These sites are independent of the App and We do not and cannot control the content and or representations of such sites. The information presented on these links may not necessarily reflect those beliefs held by Us. The inclusion of a link does not mean that We accept or endorse any of the content contained in such site. You are responsible to protect yourself while associating with the linked site.
- Terminating AppUse
- Each party can terminate the AppUse at any time without observing a notice period and without giving a reason.
- The right of each party to extraordinarily terminate the AppUse without notice on important grounds as well as Our right to suspend Your access to the App pursuant to Section 6 remain unaffected.
- Suspending Your access to the App
- We may at Our sole discretion suspend access to the App if We determine or have reasonable grounds to suspect that Your use of the App:
- infringes the rights of third parties,
- poses a security risk to the functionality of the App,
- could subject Us and/or other users to liability; or
- could be fraudulent.
- We will remove a suspension as soon as the reason for the suspension no longer exists.
- Further claims against You remain unaffected.
- Limitation of liability
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- in the absence of a guaranteed quality or in the case of fraudulently concealed defects, and
- on the basis of mandatory liability such as under the German Product Liability Act (or other local laws).
- Subject to Section 7.1, Our liability is excluded.
- The above limitations of liability also apply regarding the liability of Our vicarious agents, employees, and legal representatives.
- If any claims are made against Us under Section 8.1 We will promptly notify You of the claims, and assign to You full authority and control over the defence of such claims (to the extent permitted by applicable law) and We will, to the extent reasonably practicable, assist You in Your defence.
Version 01 – 7 April 2022