Terms & Conditions

*CLEARANCE : 30% off everything while stocks last

 

TERMS OF SALE 

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM OUR PLATFORM. 

APPLICABILITY 

You are reading these Terms of Sale (“Terms of Sale”) because you are using a Vitality Online Store , or one of our other products or services, all of which are part of our platform (“Platform”). These Terms create a legally binding agreement between you and Vitality Online Store operated by Zelus Sport Limited, registered in England and Wales under company number: 1004967, with the registered address at The Colony, Altrincham Road, Wilmslow, Cheshire, England, SK9 4LY and VAT Number is GB 236 1973 95 and its affiliates (which we may refer to as “Vitality Online Store”, “Zelus”, “we,” “us,” or “our”) regarding orders placed for products available on the Platform.  We may revise these Terms of Sale without notice by posting revised Terms Sale on its Platform.  The Terms posted on the Platform at the time you place your order on the Platform will govern that purchase.  Please read these Terms of Sale carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us: customerservice@vitalityonlinestore.co.uk.

Your use of the Platform is also governed by the Terms of Use, Privacy Policy and Cookies policy.

PLACING ORDERS ON THE PLATFORM  

ELIGIBILITY TO ORDER 

To place an order on the Platform, you must be at least 16 years old, or older if that is required under applicable law to enter into an agreement with us, and a consumer - not a reseller.  

NO PURCHASE FOR RESALE 

The Platform is intended solely for Vitality Online Store to sell Nike branded products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of Nike branded product in our platform by someone who resells, or intends to resell, the Nike branded product to others (consumers, businesses or any third party).  If Vitality Online Store believes you are involved in purchase for Vitality Online Store reserves 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 account.   

HOW TO ORDER 

You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Platform, which includes designing customized items, adding items to your shopping cart and submitting your order.  

When you submit an order we will send you an email acknowledging receipt of your order.  Our acceptance of the order takes place when the payment has been received - we will send you an email confirming that the order has been placed (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”).

We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference.  If we are unable to supply you with a product, we will inform you of this in writing and will not process the order. 

 

OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT 

Fulfilment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled: 

  • the product is not available / in stock; 
  • your billing information is not correct or not verifiable; 
  • your order is flagged up by our security systems as an unusual order or an order susceptible to fraud; 
  • you are under 16, or under an older age if an older age is permitted under applicable law to enter into an agreement with us; 
  • you are a reseller without Vitality Online Store’s prior approval; 
  • there was an error in the price displayed on the Platform; or 
  • we could not deliver to the address provided by you; 
  • due to an Event Outside Our Control.

DATA CHECK 

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud.  We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted. 

 

PRICE/PAYMENT 

PAYMENT METHODS 

You can find the available payment methods for each country in the 'Help’ section of Niketeam.com (the “Website”). We do not accept any method of payment other than those listed in the help section for orders placed in the website. Please do not try to pay by any other way than specified there. If you do wish to use a different payment method please contact our customer services line.  

PAYMENT PROCESSING 

If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order is placed.  If you pay by bank transfer (only available for bulk orders), we will start production of your order after we receive your payment. This may take several days. In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase will automatically be cancelled.  Payments can only be processed if the billing information can be verified.   

TITLE TRANSFER 

We retain title in any product(s) until we have received full payment for such product(s). 

PRICES AND TAXES 

The product prices displayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. Dependant on the delivery country you may incur additional customs costs or clearance taxes, for which you are liable. For more details on shipping rates per country and customs see the Shipping and Delivery section of the Website.  

Prices are quoted in local currency Euro in countries within the Euro Area. In the UK, prices are quoted in local currency. Prices outside the Eurozone or UK are quoted in US$. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing. 

YOUR TOTAL PRICE 

The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.  

If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.  

PRICE CHANGES 

The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.  

SHIPPING & DELIVERY 

We do not ship on certain public holidays. Please refer to the help section of the Website for dates and the available delivery times and methods. We can only fulfil an order to a delivery address which is a home or office address. 

SPLIT DELIVERY 

Where possible, we try to deliver all items which you have ordered at the same time. However, please note that due to the fact that customized products may be manufactured at different factories, an order for multiple customized products may result in split shipments.  

We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs.  

INSPECTION UPON DELIVERY 

Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. 

CUSTOMISING ITEMS

Customising Conditions 

For customized items, please ensure that you follow the process outlined when you click the ‘Customise’ button.  We reserve the right in our sole discretion to decline customisation, for example because it contains the names of sports teams, athletes or celebrities that you do not have the right to use, or because it contains material that we consider inappropriate.  Please ensure that you comply with the ‘Uploading intellectual property to https://vitalityonlinestore.co.uk/ Terms and Conditions’.

Consumer acknowledgements relating to customization 

Where applicable, both your design of the item (the color combination etc.) and the personalization shall be created by you.  To the extent this is not the case, you hereby guarantee that you are authorized to use the design, logos, crests or the personalization created by someone else.  

Please understand that whilst we have the right to decline your personalization or your design, you are solely responsible for your design and personalization, and we have no obligation to review or decline your design or personalization.  

RETURNS AND CANCELLATIONS 

CANCELLING ORDER BEFORE DELIVERY: 

Orders can be cancelled at any time before the items are picked for production in our warehouse. To do so, you can contact our customer services. Unfortunately, once the order is picked by our warehouse for production we do not have means to amend or cancel your order, so we strongly encourage you to review the order summary to prevent disappointment. 

We provide you with several opportunities to review your order during check out. We encourage you to review all the details in your basket before you check out. In your basket,  you will have the opportunity to amend the quantities, sizes, and embellishment to prevent, for example, spelling mistakes. Once an order is placed, we will send you an Order Confirmation with a summary of each item. We will withhold your order for a period of 2 hours after the Order Confirmation is sent, to allow you to review your order and contact us in case any amendment is required.  

RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS 

You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the help section of the Website.  

 

YOUR RIGHT OF WITHDRAWAL 

If for whatever reason you are not happy with a product you ordered, you may exercise your statutory right of withdrawal. The right of withdrawal does not apply if the product is made to your specification, customised or clearly personalized. You can invoke your right of withdrawal by informing us that you want to return the product within 30 calendar days after the product is delivered to you or to a third party indicated by you (other than the carrier) or, if you have ordered multiple goods in one order which are delivered separately, within 30 calendar days after the last product is delivered, without giving us any reason.  

If you use your right of withdrawal, you have an obligation to return the products to us without undue delay and no later than 30 calendar days from the day on which you have communicated to us that you invoke your right of withdrawal. 

Please make sure that the products you return are complete (e.g. both items of a pair must be returned) and not used in any way other than what is reasonably necessary to decide of you want to keep the products (meaning that you are allowed to try garments or shoes on for fit, but you cannot wear or wash them). If you do not comply with the foregoing and the value of the product diminishes as a consequence thereof, we can hold you liable for such diminished value.

For practical information on how to return, see the help section of the Platform, which contains a withdrawal form that you can use to exercise your right of withdrawal. You can also inform us that you want to exercise your right of withdrawal by another unequivocal statement (e.g. by a letter, fax or e-mail). It is sufficient that you send this statement to us before the withdrawal period ends.  

If you inform us that you wish to return a product, we shall reimburse to you all payments received, including the delivery costs (with the exception of any supplementary costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 30 days from the day on which we are informed about your decision to exercise your right of withdrawal. We may however choose to withhold the reimbursement until we have received the products back or until you have supplied evidence of having sent back the products.  

REFUND INFORMATION 

Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to Customer Service when you initiate the return so that we can refund the money directly to your account.  For practical information on how to return and for refund timelines, see here.  

EVENTS OUTSIDE OUR CONTROL 

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks.  

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale: 

a)     We will contact you as soon as reasonably possible to notify you; and 

b)     Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.  

Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above.  

OTHER IMPORTANT TERMS 

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.  

You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.  

Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 

If we fail to insist that you perform any of your obligations under these Terms of Sale, 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. We will not file a copy of the contract between us.  

CHOICE OF LAW/JURISDICTION 

You agree that the Platform, Terms of Sale, and any dispute between you and us shall be governed in all respects by English law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.  

Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of products from our platform) shall be resolved individually, without resort to any form of class action, and exclusively in the competent courts of England and Wales. 

In case you have a complaint, please contact us via contact us page first. If you feel your complaint is not adequately addressed, you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr.  

All claims shall be brought within one (1) year after the claim arises, to the extent allowed under applicable law.

TERMS AND CONDITIONS OF USE 

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE PLATFORM. 

Welcome to Vitality Online Store, operated by Zelus Sport Limited, registered in England and Wales under company number: 1004967, with the registered address at The Colony, Altrincham Road, Wilmslow, Cheshire, England, SK9 4LY and VAT Number is GB 236 1973 95 and its affiliates (which we may refer to as “Nike United,” “we,” “us,” or “our”).  You are reading these Terms because you are using a Vitality Online Store website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of Vitality Online Store’s Platform (“Platform”).  You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”.  Your carrier's normal rates and fees apply to your Device. 

These Terms create a legally binding agreement between you and Vitality Online Store regarding your use of the Platform. A few important points: 

  • Our Terms May Change.  Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you.  We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Platform.  If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.   
  • Change to the site. We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. 
  • Terms of Sale.  By making any purchase with us, you also agree to the Terms of Sale that apply in your country or region. 
  • Privacy Policy.  Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform. 
  • Cookies Policy. Our Cookies Policy describes information about the cookies on our site. 

1. GROUND RULES  

Eligibility.  You are only eligible to use the Platform if you are of legal age in your country/region or if you have consent from your parent or guardian.  There may be certain age restrictions for specific Platform services in various countries or regions.   

Rules for Registration.  When you register for an account with us, the following rules apply:  

Be True:  Provide accurate and current registration information.  

Be You:  Keep your registration personal.  Do not register for more than one Vitality Online Store account, register a Vitality Online Store account on behalf of someone else, or transfer your account.  

Be Secure:  Keep your username, password and other login credentials secure and do not allow anyone else to use your account.   

Be Responsible:  Inform Vitality Online Store immediately of any unauthorized use of your Vitality Online Store account.  You are responsible for anything that happens through your Vitality Online Store account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Vitality Online Store IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.  

2.  OWNERSHIP OF CONTENT  

Except for User Content (defined below), all of the content on our Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") is owned by Vitality Online Store or others we license Content from, and is protected by copyright, trademark, patent and other laws. Vitality Online Store reserves all rights not expressly described in these Terms.  

All trademarks, service marks and trade names (e.g., the NIKE name and the Swoosh design) are owned, registered and/or licensed by Nike Inc and/or its Affiliates.  You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.  

You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.  

To the extent Vitality Online Store approves the download or use of Content comprised of copyrights or copyrightable works, Vitality Online Store grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as Vitality Online Store makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use.  Vitality Online Store reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason.  Vitality Online Store reserves the right to take down any Content in violation of these terms or Vitality Online Store’s/Nike Inc’s or its affiliates’ intellectual property rights.  Vitality Online Store allowing you this limited use does not constitute a waiver of any of Vitality Online Store’s rights to the Content.   

Outside of the specific usage rights granted to you by Vitality Online Store in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without Vitality Online Store’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.  

3.  POSTING CONTENT ON THE PLATFORM  

User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.”  Vitality Online Store is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to Vitality Online Store as described below:  

You represent that you have the right to post your User Content, and you grant Vitality Online Store a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. Vitality Online Store may, in its sole discretion, remove any User Content at any time.  

You understand that deleted User Content may persist in Vitality Online Store’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.   

LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS.  You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to Vitality Online Store a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.  

4.  USER CODE OF CONDUCT  

We’re excited to have you contribute to the Vitality Online Store community.  Here are a few basic rules:  

  • Be Original.  Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content.   
  • Be Safe.   
  • Do not do anything that may expose Vitality Online Store or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.  
  • Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.  
  • Do not use any data mining, robots, scraping or similar data gathering methods.  
  • Unless we indicate otherwise, our Platform is a public place.  Do not post personal information to the Platform - yours or anybody else’s.  
  • Be Personal.  
  • Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform. 
  • Do not collect or solicit personal information from other Platform users or send unsolicited messages.  
  • Do not use automated technology to interact with the Platform.  
  • Be Appropriate. Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. Vitality Online Store has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.  
  • Be Yourself.  Do not impersonate any person or organization, including athletes or Vitality Online Store employees.  

 

5.  COPYRIGHT INFRINGEMENT  

Please consult your legal advisor before filing a notice with us because there may be penalties for false claims.  Vitality Online Store may terminate the accounts of Platform users found to infringe third party copyrights.  

If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:  

(1) 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;  

(2) a description of the copyrighted work that you claim has been infringed;  

(3) a description of where on the Platform the content that you claim is infringing is located;  

(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and  

(5) a statement by you, made under penalty of perjury (depending on applicable law), 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.  

Send copyright infringement complaints to:  

Legal@zelus-sport.com

Legal Department - The Colony, Altrincham Road, Wilmslow, Cheshire, England, SK9 4LY 

6.  PARTNERS ON THE PLATFORM  

From time to time, Vitality Online Store may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”).  You may be able to connect with these Third Parties through the Platform, but this does not mean Vitality Online Store endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies.  You should carefully review any Third Party’s sites and terms of use and privacy policy. Vitality Online Store is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.  

7.  IMPORTANT DISCLAIMERS  

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Vitality Online Store IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE PLATFORM.  

USER INTERACTIONS.  To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions.  

  • Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be.  Vitality Online Store is under no obligation to become involved with any user dispute, but may do so at its own discretion.  

WARRANTY DISCLAIMER.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you.  

  • The Platform, Content, and the materials and products on this Platform are provided "AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Vitality Online Store IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.  
  • Vitality Online Store does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful. 
  • To the fullest extent permitted by law, Vitality Online Store disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.  
  • You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.  
  • We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.  

8.  TERMINATION  

Vitality Online Store may terminate or modify any Vitality Online Store Platform, member program, product or service at any time without notice.  

Vitality Online Store may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Vitality Online Store, subject to applicable law.      

You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.  

These Terms remain in effect even after your account is terminated or you have stopped using the Platform.  

9.  INDEMNIFICATION / LIMITATION OF LIABILITY  

We want you to enjoy our Platform, but Vitality Online Store must also protect itself from any damages you may cause.  

Indemnification and RELEASE.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you. You agree to indemnify, defend, and hold harmless Zelus Sport Limited, its affiliates, officers, directors, employees, agents, licensors and suppliers and Nike Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Vitality Online Store Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Vitality Online Store Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.  

 LIMITATION OF LIABILITY.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. NONE OF THE NIKE PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF Vitality Online Store HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST Vitality Online Store IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF Vitality Online Store IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, Vitality Online Store LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.    

10.  DISPUTES / ADDITIONAL TERMS  

Choice of Law/Jurisdiction  

You agree that the Platform, Terms, and any dispute between you and Vitality Online Store shall be governed in all respects by English law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. 

Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of any products on the Platform) shall be resolved and exclusively in the competent courts of England and Wales. All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.  

Electronic Communications  

By using the Platform, you agree to receive certain electronic communications from Vitality Online Store, subject to applicable law.  

You agree that any notice, agreement, disclosure or other communication that Vitality Online Store sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.  

Right to Assign, No Waivers, Severability  

Vitality Online Store may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.   

Vitality Online Store failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or Vitality Online Store’s rights. Users should always assume these Terms apply.  

If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.  

 

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