11. TERMINATION; EXPIRATION; CHANGES TO THE CLUB
12. DISCLAIMER AND LIMITATION OF LIABILITY
13. GOVERNING LAW AND JURISDICTION
Terms of Use for adidas Running and adidas Training
7. EXCLUSION FROM THE SERVICES
8. DISCLAIMER AND LIMITATION OF LIABILITY
Welcome to adiClub (the “Club”), which includes a membership program and a subscription to the adidas running and training apps as further set out below. The Club is organized by adidas Australia Pty Limited ABN 80 058 390 659, whose registered address is Level 1, 37 Dunlop Road, Mulgrave VIC 3170 Australia (“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 Club and by participating in the Club, you agree to be bound by these Terms. By joining the Club, you also agree to be bound by:
Runtastic GmbH, Pluskaufstraße 7, 4061 Pasching, Austria (“Runtastic”) is a brand of adidas AG which operates the adidas Running and adidas Training apps.
On 16 June 2022, adiClub became available in adidas licensed stores in addition to adidas operated stores. Please see Clause 10 of these Terms for more information.
Effective 20 June 2023, further changes were made to these Terms in relation to the Earning of Points, Level Points and Points to Spend. In addition to other minor changes, changes were made to Sections 3, 4, 5 and 7 and a new Section 8 was added.
Please read these Terms carefully.
To participate in the Club, you must be at least 18 years old and a legal resident of Australia. By enrolling and participating in the Club, you confirm that you meet this eligibility requirement.
For a high-level summary of how to join the Club, how to earn points, available rewards for different Club levels and how to redeem the rewards, please visit https://www.adidas.com.au/adiclub. For more details, please keep reading below.
If you meet the eligibility criteria above, you can join the Club by filling out a registration form on the adidas website at https://www.adidas.com.au/account-register, on the adidas mobile app, on the adidas Running/adidas Training apps, or by scanning a QR code in participating adidas retail stores and following the prompts. 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.
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 while using or purchasing gift cards or any other kinds of purchases adidas may explicitly exclude from time to time) that you make on the Australia-version of our official website http://www.adidas.com.au (the " Website "), the Australia-version of our official mobile application (the "App") or in participating adidas retail stores in Australia (the "Stores") (together, the "Eligible Channels"). For every AUD 1 (including applicable GST) spent you will earn 7 Level Points and 7 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 or other rewards for certain interactions with us. These are set out at https://www.adidas.com.au/adiclubrewards and include but are not limited to:
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 that could be earned, with or without prior notification to you. Please check our rules regularly.
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 that 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 (https://www.adidas.com.au/contact.html) with the required proof to redeem the Points for your purchases or interactions within 30 days from the date of your purchase or interaction. adidas has the sole discretion to determine whether the proof you provide is sufficient and whether to proceed with your request on the redemption of Points. Thereafter, we will not accept any further requests for Point redemptions for the same purchase or interaction.
To the extent permitted by law, we will not be liable for any delay or omission in the crediting of Points to your account for any reason whatsoever, including but not limited to technical faults, and inaccurate and/or incomplete information submitted by you.
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 the Stores whilst making a purchase and you subsequently join the Club, we shall award you the Points for that particular 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).
Level Points will remain valid for 12 months. This period will always finish at the end of the month. For example, if you earned Level Points on June 9, 2022, they will expire on June 30, 2023, unless adidas explicitly states otherwise. Level Points are not transferable between members. Level Points have no cash value and cannot be exchanged for cash.
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 – at 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 are not transferable 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 0-699 Level Points. You only 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 700 – 2,799 Level Points. Level 3 is for members with 2,800 –6,999 Level Points. Level 4 is for members with 7,000 or more Level Points.
You can climb to the higher levels by accumulating the required number of Level Points mentioned above within 12 months from the end of the month of registration or current level entry (the “Membership Year”). Where applicable, multiple level upgrade is possible which will be based on your purchases and interactions with us. 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 (30 days) 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 next level below after the
last day of the Membership Year. Returns can cause you to drop
down multiple levels. For example, if you return an order or
product, the Level Points earned will be deducted, which could
cause you to drop a Level by that number of Level Points.
The requalification period starts on the exact date you upgrade or downgrade to a new level or maintain the current level, and ends 12 months later, always at the end of the month (unless you upgrade earlier before such end). Level Points earned after your last level entry will accumulate towards requalification points. The number of Level Points required for you to requalify for any higher level or your current level is equal to the minimum Level Point balance needed to enter that level.
After a level upgrade, your requalification Level Points will be set to 0. After a level-maintenance, your requalification Level Points will be set to the minimum Level Point balance needed to enter that level (700 for level 2, 2,800 for level 3 and 7,000 for level 4).
If you are in level 2, 3 or 4, and you do not earn enough Level Points to maintain your current level within the requalification period, you will be downgraded to the next level below, regardless of the number of requalification Level Points you have accumulated within the requalification period. The downgrade will take place after the last day of the requalification period, always at the end of the month. After a level downgrade, your requalification Level Points will be set to 0.
Entry and progress through each of the above-mentioned levels will unlock a set of new rewards for members as set out here https://www.adidas.com.au/adiclubrewards.
You will have access to the rewards in your current level and the levels below it. 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).
The lists of rewards for different Club levels are determined by us in our sole discretion. We reserve the right to change the rewards for different Club level. The rewards offered are subject to availability. To the maximum extent permitted under applicable laws, we do not make any warranty or representation on any products or services offered as the rewards.
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. In addition, the following terms and conditions apply to the following specific rewards which may be offered under one or more of the levels:
Specific rewards (whether products or experiences) are available while supplies last and may be subject to change, discontinuance, limitations, and substitutions by us, at our discretion and at any time without notice.
Points to Spend can be redeemed in a variety of ways, including but not limited to:
You may be entitled to exchange your Points to Spend to receive a % off voucher (“Redeemed Voucher”). These will be valid for ninety (90) days from the date of redemption and can only be used once and on full price products. No replacement will be given if lost or stolen, or if the Redeemed Voucher is not used within the validity period. The Redeemed Voucher may then be used to make an order on the App, on the Website or in the Stores. Certain exclusions may apply, and any additional terms and conditions will be presented to you when making a purchase. Every thirty (30) days and per membership account, you can redeem Points to get one Redeemed Voucher of every discount type.
You can only use one Redeemed Voucher at any one time when making a purchase and it cannot be combined with any other vouchers or discount codes or be applied to discounted items. The Redeemed Voucher will only apply to the product price and will not apply to any delivery costs.
No Redeemed Voucher can be exchanged, transferred or redeemed for cash or Points to Spend. You may only use a Redeemed Voucher for personal, non-commercial use and must not sell any Redeemed Voucher. Redeemed Vouchers may not be used in sales or promotional activities including as giveaways or prizes in competitions. We reserve the right to cancel any Redeemed Voucher that we suspect has been resold or obtained in connection with an unauthorized sales or promotional activity.
For change of mind exchange or return of any products that you have purchased using a Redeemed Voucher, you will not be entitled to a refund of Points to Spend. To proceed with the exchange or return in accordance with our Returns Policy:
b. Money can’t buy products (“MCBP”)
MCBP are products which are exclusive to members via points redemption.
You may be entitled to use your Points to Spend to purchase MCBP and any such purchase will be subject to our eCom Terms and Conditions and any additional terms presented to you when making a purchase.
For the avoidance of doubt, if you return any MCBP in accordance with the eCom Terms and Conditions and are entitled to a reimbursement of your Points to Spend, this will be subject to the Limit as set out above in Clause 3 above (for example, if you return a MCBP that you purchased for 500 Points to Spend but have 99,990 Points to Spend at the time of the reimbursement, we will reimburse you 10 Points to Spend).
As and when available, you may be entitled to exchange your Points to Spend to receive a voucher or product provided by another company (“Partner Offer”). These will have limited validity periods and maximum discount values, the details of which will be communicated to you on receipt. Certain exclusions may apply, and any additional terms and conditions will be presented to you when making a purchase. Partner Offers are subject to the terms and conditions of the company providing the Partner Offer. adidas is not responsible or liable for any loss, damage or injury suffered as the result of the use of a Partner Offer or your use of Points to Spend to receive a Partner Offer.
No Partner Offer can be exchanged, transferred or redeemed for cash or Points to Spend. You may only use a Partner Offer for personal, non-commercial use and must not sell any Partner Offer. Partner Offers may not be used in sales or promotional activities including as giveaways or prizes in competitions. We and/or the company providing the Partner Offer reserve the right to cancel any Partner Offer that we suspect has been resold or obtained in connection with an unauthorized sales or promotional activity.
If and when made available to you, you may be entitled to use your Points to Spend to make a contribution to a good cause as further set out at https://www.adidas.com.au/adiclub. Any additional terms and conditions will be presented to you prior to making a contribution.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. The Club is for your personal use only. You must not share your adidas membership identification and/or password or in any way make them accessible to others. You must immediately inform the adidas customer services team (details set out below in Clause 15) of any unauthorised use of your password or account or any other breach of security. Any losses incurred or sustained by you in transmitting your personal information using your account shall be borne by you, and in no event shall any such losses in whole or in part be borne by us.
You agree that you shall not:
You consent to us collecting, using, processing, transferring and disclosing your personal information in connection with your Club membership according to our Privacy Policy (as may be updated from time to time). Our Privacy Policy can be accessed at https://www.adidas.com.au/help-topics-privacy_policy.html.
Please note that some of the Stores are managed and operated by our licensee(s). In order for you to register, accumulate Points, redeem rewards or otherwise use or benefit from the Club in our adidas licensed stores, we need to disclose your Membership Administration Information to our licensee(s), and in return, our licensee(s) will need to disclose information on your purchases in their adidas stores to us. You agree to this collection, use, processing, transfer and disclosure of your personal information, including Membership Administration Information. Please note that our licensee(s) might collect, use or process your personal information for their own purposes, so please ask for and carefully read through their privacy policy. Our licensee(s)’ privacy policies do not constitute a part of our Privacy Policy, and they will be solely responsible for their own privacy policies and data use.
Membership Administration Information is any information related to your adiClub membership. This may include: email address, Member ID, first and last name, mobile phone number, member tier, tier achievement date, Points balance, discount coupons available, acquisition source ID (where you signed up to our membership), your membership country, adiClub Member ID, date you became a member, store ID (if you signed up in a retail store including an adidas licensed store), membership Points, engagement history, rewards history, membership vouchers assigned to you.
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, at our sole discretion, if we determine that you:
Membership will terminate immediately upon a member’s death.
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. When restarting your Club membership, your previously-earned Points will not continue to your new Club membership.
To the fullest extent permitted by law, our decision on all matters and disputes concerning the Club and your membership shall be final and binding.
We may, in our sole discretion, make minor changes to the Club and/or these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms, we add new rewards, add possibilities to earn Points, modify Club functionalities or modify the technical environment). Please check these Terms as well as https://www.adidas.com.au/adiclub regularly to ensure that you understand the up-to-date terms/rules that apply in relation to your membership of the Club. Your continued participation in the program following such changes constitutes your acceptance of the changes. If we deem in our sole and reasonable discretion that any changes will materially adversely impact your membership rights, we shall give you reasonable notice. Any such changes shall be effective from such date as determined and notified by us to you from time to time.
We reserve the right, at our sole discretion, to make a determination on the termination or suspension of the Club. In such case, we will provide you with reasonable notice prior to the termination or suspension, as the case may be. Unless otherwise explicitly specified by us, your accumulated Points will expire upon the termination of the Club membership program.
You agree that you will not be entitled to any compensation in relation to any changes to the Club and/or these Terms, or termination or suspension of the Club membership program.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, 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:
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Australian Consumer Law. To the maximum extent permitted by law, our liability for any failure to comply with any such right or remedy, guarantee, warranty or other term or condition is limited to (at our option): (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and (b) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
To the extent permitted by law and subject to the above
paragraph, 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 AUD100.
These Terms shall be governed by the laws of Victoria,
Australia. In the event that any dispute arises under these
Terms, or in relation to your membership in the Club, you and we
both agree to submit to the non-exclusive jurisdiction of the
courts of Victoria, Australia.
To the fullest extent permitted by applicable law, you shall indemnify us and keep us indemnified against any loss, damage, liability cost and expense (including legal costs and disbursements on a full indemnity basis), directly or indirectly arising from or relating to your misuse of your membership and/or breach of any of these Terms, including without limitation, if you commit any fraud or misrepresent any information supplied or to be supplied under these Terms.
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.
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.com.au/contact.html.
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: 20 June 2023
Welcome to adidas Running and adidas Training (together and each individually: the “Services”) and the digital content provided by Runtastic GmbH through all available channels (“Digital Content”). When we refer to “you” or “your” we mean you, the person accessing these terms (the “Terms of Use”) and willing to use the Services and or access the Digital Content. When we refer to “Users” we mean people that are part of our interactive sports and fitness community using the Services and when we refer to “we” or “us” we mean the entity you have your Membership with or that is providing the Digital Content.
You must:
In order to ensure the proper and reliable provision of the Services, we might impose the following sanctions upon a breach of user obligations:
The type of sanction shall depend on the purpose, impact, and type of the breach considering both our and your interests.
For personal data, the provisions of the Privacy Notice apply.
For personal data, the provisions of the Privacy Notice apply.
PLEASE RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE RUNTASTIC WEBSITE AND APPS FREQUENTLY FOR ANY CHANGES TO THESE TERMS.
Last Updated: 9 March 2022
Version valid as of: 9 March 2022