TERMS OF USE

1. INTRODUCTION
1.1. These Terms of Use apply exclusively between DECATHLON SINGAPORE PTE. LTD., a company incorporated in the Republic of Singapore under Company Registration Number 201225519M, having its registered office at 230, Stadium Boulevard - Singapore 397799 (hereinafter referred to as “Decathlon” or “We”), and any person using Decathlon’s websitewww.decathlon.sg (the “Website”), (hereinafter referred to as the “ User” or “You” and collectively with Decathlon, the “ Parties”).

1.2. By using Decathlon Website:

(i) You represent and warrant that You are over 18 years of age and have the legal capacity to abide by these Terms of Use;

(ii) You undertake to be bound by these Terms of Use and to comply with all applicable laws, regulations and rules in relation to your access to and use of the Website.

1.3. These Terms of Use may be amended, modified or updated from time to time by Decathlon. Accordingly, the Parties agree that their relationship will be governed by the Terms of Use applicable and available on www.decathlon.sg on the day You access to the Website.

1.4. In addition to the Terms of Use, the following terms and conditions also apply to your use of the Website and its associated features:

  • Terms of Sale which govern the placement of an order, the sale and delivery of any Product You may purchase on the Website;
  • Decathlon Privacy Policy which governs the collect, processing and protection of your personal information submitted to or via Decathlon Website as well as the use of cookies;
  • Decathlon Membership-Terms and Conditions which set up the benefits of Decathlon Membership as well as the rights and obligations of Decathlon and its Members.
  • Decathlon Reviews- Rules of Publication which determine how a Decathlon Member may share his/her assessment of a Product purchased in Decathlon Stores or on the Website.

2. ACCESS TO THE WEBSITE

2.1. It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable You to access and use Decathlon.sg and is compatible with the said Decathlon Website. Decathlon will not be liable if for any reason the Website or any content on it is unavailable or interrupted. 

2.2. Decathlon reserves the right to suspend, withdraw, discontinue or change all or any part of the Website without notice. Indeed, there may be times when certain features, parts or content of Decathlon.sg, or the entire Website, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to You. You agree that We will not be liable to You or to any third party for any unavailability, modification, suspension or withdrawal of Decathlon Website, or any features, parts or content of Decathlon Website. 

3. USE OF THE WEBSITE

3.1. Unless otherwise specified, You may only use the Website for your personal and non-commercial use and You agree that You are only authorised to visit, view and retain a copy of any information or services obtained from the Website for informational purpose. You understand and agree that You are strictly prohibited from duplicating, adapting, modifying, commercially distributing, publishing, licensing or selling any information, material or services obtained from the Website.

3.2. Except to the extent expressly set out in these Terms of Use, You are not allowed:

  1. To use the Website in any way that breaches any applicable law, regulation or rule;
  2. To use the Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. To use the Website in a way that might damage Decathlon name or reputation;
  4. To 'scrape' content or store content of Decathlon.sg on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Website;
  5. To remove or change any content of Decathlon.sg or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted; 
  6. To create links to Decathlon.sg from any other website, without our prior written consent, although You may link from a website that is operated by You, provided that : 
    1. The link is not misleading or deceptive and fairly indicates its destination, 
    2. You do not imply that We endorse You, your website, or any products or services You offer,
    3. You link to (and do not frame or replicate) the home page of Decathlon.sg, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
  7. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  8. To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

All rights granted to You (right of access, right of use…) under these Terms of Use will terminate immediately in the event that You are in breach of any of above restrictions.

4. DECATHLON MEMBER ACCOUNT AND PASSWORD

4.1. If You create an account on the Website and get the benefits of Decathlon Member, You must complete the registration process by providing current, complete and accurate personal information. 

4.2. You are responsible for the use of your Decathlon account, for keeping your user name and password (log-in information) confidential and for all activities that occur under your log-in. You must notify Decathlon immediately of any unauthorised use or other security breach of which You become aware. We reserve the right to disable any log-in ID, at any time, if in our opinion You have failed to comply with any of the provisions of these Terms of Use or if any details you provided for the purpose of registration as a Decathlon Member prove to be false.

4.3. Please refer to our Privacy Policy to get information on how Decathlon uses your data.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. Decathlon and/or its associated companies are the owner(s) or the licensee(s) of all intellectual property rights in the Website. Such intellectual property rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, know-how, privileged or similar information, whether registered or not, as well as all other rights related to Decathlon or its associated companies’ trademarks, Products or business activities.

5.2. Except as expressly permitted by Decathlon, You may not use, reproduce, copy, modify, publish, transmit, distribute, display, download, licence, transfer or sell any Content. 

6. CONTENT

6.1. All information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, intellectual property rights and any other information provided on the Website (hereinafter referred to as the “ Content”) are owned by Decathlon or its associated companies.

6.2. Decathlon makes no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete or up-to-date. Decathlon reserves the right, in its sole discretion, to amend, modify, update, change or otherwise alter the Content at any time without providing notice.

6.3. The Website may include links to third party websites that let you leave the Website. These linked sites are not under the control of Decathlon and Decathlon is not liable or responsible for the accuracy, completeness, timeliness or availability of any third party Content. Links to any third party websites are provided for your convenience only and the inclusion of any link does not imply endorsement by Decathlon of the website. Your use of such third party website is at your own risk and may be subject to that third party’s terms and conditions.  

7. USER-GENERATED CONTENT

7.1. Decathlon does not claim ownership of the content You provide to Decathlon (including Product Reviews, ratings, suggestions, pictures) or post, upload or submit to the Website for review by the general public, or by the members of any public or private community (collectively, “ User-Generated Content”).

7.2. Any User-Generated Content posted, uploaded or submitted on the Website will be considered non-confidential and non-proprietary and Decathlon will be permitted to use, copy, distribute, reproduce, publish, sublicense and otherwise disclose to third parties such User-Generated Content for any purpose without providing any notice.

7.3. Decathlon has the right to disclose your identity to any third party who is claiming that any User-Generated Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy and Decathlon will not be responsible, or liable to any third party, for the User-Generated Content or accuracy of any User-Generated Content posted by You or any other user of the Website.

7.4. You agree that any User-Generated Content that you post, upload or submit to the Website:

(a)        is accurate (where they state facts);

(b)        is genuinely held (where they state opinions); and

(c)        complies with specific terms and conditions of Decathlon, such as Rules of Publication of Decathlon Review and with the applicable laws in the country from which they are posted.

7.5. You agree that You shall not post, upload or submit to the Website, any User-Generated Content that:

(a)    is not related to appropriate subject matters;

(b)    is misleading to others;

(c)   contains viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

(d) infringes any third party intellectual property rights;

(e) is unlawful, harmful, threatening, abusive, vulgar, obscene, defamatory, pornographic, indecent, hateful, offensive, or racially, ethnically or otherwise objectionable;

(f) promotes violence or any illegal activity or is likely to deceive any person;

(g) is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(h) advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or

(i) intentionally or unintentionally breaches any applicable local state, national or international law, regulations or rules.

7.6. Decathlon will determine, in its own discretion, whether there has been a breach of this Clause 7 through your use of the Website and reserves the right to take any such action as Decathlon deems appropriate, including but not limited to the following actions:

(a) immediate, temporary or permanent removal of any User-Generated Content from the Website at any time and for any reason and/or your right to use the Website;

(b) issue of a warning to You; or

(c) legal action against You for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs)

8. DISCLAIMER AND LIMITATION OF LIABILITY

8.1. Decathlon assumes no liability or responsibility for (a) errors, mistakes or inaccuracies of the content, user-generated content, services or any other information or material set out or made available through the website, (b) any unauthorized use of secure servers (whether provided by decathlon directly or by third parties appointed by decathlon) and/or any and all personal information stored therein, (c) any property damage of any nature whatsoever resulting from a customer’s access to and use of or reliance on any content, user-generated content, services or any other information or material set out or made available through the website or any linked third party website(s), (d) any interruption or cessation of transmission to or from the services provided on the website and or linked third party website(s), (e) any viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware transmitted through the website or any linked third party website(s) and/or (f) any errors or omissions in the content, user-generated content, information or material set out or made available through the website (including but not limited to third party website(s)) or for any loss or damage of any nature incurred as a result of the use of or reliance on any of the foregoing.. 

8.2. Any content, user-generated content and services made available or obtained through the website or any linked third party website is done at the customer’s own discretion and, risk and the customer shall be solely responsible for any damage to their computer system or electronic device, or any loss of data that results therefrom.. 

8.3. Use and reliance upon any and all of the content, user-generated content is at the customer’s own discretion and risk and is made available on an “as is” and “as available” basis. Except as may expressly be stated herein, decathlon makes no warranties or representations about the accuracy or completeness of the content, user-generated content, services or any other items or materials made available or linked to from the website.

9. INDEMNITIES

The Customer shall keep Decathlon fully indemnified against all actions, claims, demands, proceedings, liabilities, losses (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and expenses of every kind suffered or incurred by Decathlon, its officers, employees, servants, representatives, manufacturers, distributors, corporate affiliates and/or agents, arising out of or in connection with:

(a) any claim made by any third party due to or arising out of any Content posted by the Customer on the Website;

(b) any actual or alleged breach or non-performance or non-observance of any of the Customer’s obligations or warranties under these Terms of Use, or otherwise arising in any way out of the Customer’s use of the Website or purchase of the Products; or

(c) any infringement or misappropriation by the Customer of any third party’s patent, copyright, trademark or other intellectual property rights in connection with the use of the Website or purchase of the Products.

10. FORCE MAJEURE

10.1. A “Force Majeure Event” means any cause which is not reasonably foreseeable and is beyond the reasonable control and not due to the fault or negligence of the Party affected (including its subcontractors, if any) and which could not have been avoided by due diligence and the use of reasonable efforts. A Force Majeure Event includes, without limitation, Acts of God, drought, flood, earthquakes, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes, or labour disputes (excluding any strikes, labour disputes or other labour difficulties in which the employees of the affected Party (or its subcontractors, if any), are involved) and changes in law. A Force Majeure Event includes the failure of a subcontractor to furnish labour, services, materials or equipment in accordance with its contractual obligations only if such failure is itself due to a Force Majeure Event.

10.2. Decathlon shall not be liable for failure or delay in performing any of its obligations under these Terms of Use to the extent that the failure or delay is due to a Force Majeure Event PROVIDED ALWAYS THAT:

- as soon as reasonably practicable upon knowing that it will not be able to fulfil its obligations, it notifies the Customer; and

- no obligations of Decathlon which arose before the occurrence of the Force Majeure Event causing the suspension of performance are excused as a result of the occurrence.

10.3. Where the Force Majeure Event affects Decathlon’s delivery of Products to the Customer, Decathlon will arrange a new delivery date with the Customer after the Force Majeure Event is over.

11. GENERAL LEGAL PROVISIONS

11.1. Remedies and Waivers

No failure on the part of Decathlon to exercise, and no delay on its part in exercising, any right or remedy under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in under these Terms of Use are cumulative and not exclusive of any rights or remedies provided by law. If Decathlon does waive a default by the Customer, it will only do so in writing.

11.2. Illegality

The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

11.3. No Rights of Third Parties

A person who is not a party to these Terms of Use has no rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of these Terms of Use , but this does not affect any right or remedy of a third party which exists or is available apart from the said Act.

12. GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the law of the Republic of Singapore and the courts of the Republic of Singapore shall have exclusive jurisdiction.

Last update: October 2018

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