Nike Australia Pty Ltd (ABN: 99055141743) Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.

NIKE reserves the right to modify these Terms of Use at any time. You agree to review the these Terms of Use periodically to be aware of such modifications and that your continued use of the website shall be deemed to be your conclusive acceptance of any modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this website.

Product Orders
All orders placed through the website are subject to NIKE's acceptance, which is in its sole discretion. Without limitation, this means that NIKE may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, NIKE shall issue a credit to your credit card account.

Copyright
The entire content included in this website, including but not limited to text, graphics or code is copyrighted and is the property of NIKE. The collective work includes works that are licensed to NIKE. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with NIKE or to purchase NIKE products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by NIKE in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.

Trademarks / Intellectual Property
All trademarks, service marks and trade names of NIKE used in the website (including but not limited to the NIKE name, the Swoosh Design and the Basketball Player Silhouette ("Jumpman") Design) are trademarks or registered trademarks of NIKE, Inc. They may not be used without NIKE's prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of NIKE and/or its licensors.

Wording of Customisation
While we accept most customization options & wording, we cannot honor every one. Some may contain other trademarks, or the names of certain professional sports teams, athletes or celebrities that NIKE does not have the right to use. Others may contain material that we consider inappropriate or simply do not want to place on our products. Unfortunately, at times this obliges us to decline orders for customization that may otherwise seem unobjectionable. If your order for customization is considered unacceptable, your order will be cancelled and refunded and you will be notified via email. NIKE reserves the right to cancel any customization order after they have been submitted.

Third-Party Links
In an attempt to provide increased value to our visitors, NIKE may link to websites operated by third parties. However, even if the third party is affiliated with NIKE, NIKE has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of NIKE. These linked websites are only for your convenience and therefore you access them at your own risk. NIKE seeks to protect the integrity of the website and the links placed upon it and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from the Website before you use such third-party website.

Indemnification
You agree to indemnify, defend, and hold harmless NIKE, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.

Privacy
NIKE is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the website is described in our Privacy Policy.

Limitation of liability
Nike shall not be liable for any damages suffered as a result of accessing, using, printing, copying or downloading the website. To the fullest extent not prohibited by law, you herby waive and in no event shall NIKE be liable to you or any person or entity for, any losses, injury or indirect, punitive, special, incidental or consequential damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information or us, or other economic advantage) however it arises, whether in contract, tort or for breach of statutory duty or otherwise, relating to the website, even if NIKE has been previously advised of the possibility of such damage. NIKE further does not warrant the accuracy, suitability or completeness of the information, text, graphics, links or other items contained within the website.

You are solely responsible for adequate protection and backup of your data and/or equipment used in connection with the website and, will not make and herby waive any claim against NIKE for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the website.

No liability whatsoever (except as provided by law) will be accepted by Nike for any direct or indirect loss or damage relating to delivery of products or the performance of products purchased through the website unless the same occurs because of the wilful act or default or negligence of NIKE, its servants, agents or contractors in which case liability is limited to at NIKE’s discretion to the replacement of products or the payment of the cost of having the products resupplied.

Term; Termination
These terms and conditions are applicable to you upon your accessing the website. NIKE reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by NIKE without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Last modified 1 July 2009