PUMA Trac APP – Terms and Conditions of PUMA SE
Section 1. Acceptance of Terms and Conditions
Section 2. Sole purpose and use of the App
The app shall enable the user to track own runs, to download running tracks of other users, to interact with other users of the app and to download video material that instructs how to do physical exercise. The medical preconditions to do sports are to be checked and monitored by the user. Information on possible running and running tracks is provided on the platform without having been checked by PUMA, in particular not with regard to its correctness, safety and actuality. By using this app, the user hereby consents to the use, collection, processing and sharing of the user’s personal information by PUMA and/or the other users of the app solely for the purpose of the functioning of this app and/or for enabling PUMA to develop this app from time-to-time.
Section 3 Trademarks
This 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. Such marks remain the property of their respective owners. User recognizes and acknowledges the ownership of these marks and understands that it does not acquire, through use of this app, any right, title, or interest in the marks. User agrees that it 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 is strictly prohibited.
Section 4. Prohibited Use
Any use of this app for an illegal or unlawful purpose is strictly prohibited. User agrees that it will not use this app to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability, including under the applicable law of the user’s jurisdiction. Such activities include, but are not limited to: (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 applicable law, regulation or statute; and/or (v) activities that infringe upon any legally protected right, etc. By using this app, user agrees that any and all information transmitted to or with the use of this app cannot and shall not be deemed confidential or proprietary. PUMA reserves the right to monitor transmissions and investigate any alleged prohibited use of this app and to disclose any and all information relating to such prohibited use to authorities, courts and other competent institutions.
Section 5. Linked Websites
This app may contain links to other sites. These links are provided merely to assist the user. These sites are independent of PUMA’s app or site, and PUMA does not and cannot control the content and/or representations of such sites. The information presented via these links may not necessarily reflect those beliefs held by PUMA. The inclusion of a link does not mean that PUMA accepts or endorses any of the content contained in such site. The user is responsible to protect himself/herself while associating with the linked site.
Section 6. Modifications
This app may contain typographical errors or technical inaccuracies. PUMA reserves the right to modify the content of this app at any time without prior notice taking into account obvious justified interests of the users.
Section 7. Termination
The user is aware that PUMA may terminate the agreement in case the user does not comply with its obligations under this agreement, in particular if he uses the app in a prohibited way. PUMA will take the individual case and its circumstances and justified interests of the user into account when deciding on termination of the agreement.
Both parties are entitled to terminate the agreement at any time. The user may terminate the agreement immediately by uninstalling the app.
Section 8. Liability
8.1 Both parties acknowledge that the user is solely responsible for any of its activities and/or omissions using the app, in particular running and exercising. The user is in particular responsible for checking and respecting its medical conditions. When using the app, the user is in particular responsible for checking any recommended running track maps and their safe availability in reality.
8.2 PUMA’s liability for damages shall in principle be excluded. This shall not apply to
- loss or damage based on the negligent violation of a material contractual obligation. A material contractual obligation shall in particular be an obligation that is such that the agreement can only be duly and properly executed if it is fulfilled and the other party generally can and does rely on compliance therewith;
- to loss or damage resulting from a negligent violation of a guarantee issued by PUMA;
- to loss or damage based on an intentional or grossly negligent breach of duty on the part of PUMA or a legal representative or vicarious agent of PUMA;
- to loss or damage arising from injury to life, limb or health based on an intentional or negligent breach of duty on the part of PUMA or a legal representative or vicarious agent of PUMA;
- to claims arising from mandatory statutory liability, in particular such as pursuant to the Product Liability Act.
8.3 None of these provisions shall have any effect on the statutory allocation of the burden of proof.
Section 9. Force Majeure
Notwithstanding any other provision set forth in these Terms, PUMA shall not be liable for any failure or delay in its performance due to any cause beyond PUMA’s reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that PUMA shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.
Section 10. Third party claims
If any claims, actions, suits, demands, costs, and damages (including reasonable attorney’s fees) are asserted by any third party as a result of user’s use of this app against PUMA and/or the user and the user gets aware of that, the user will inform PUMA without undue delay and shall give PUMA the right to take part at any proceeding to the extent legally possible. PUMA will decide on any steps in cases asserted against PUMA.
Section 11. Relationship
Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.
Section 12. Governing Law and Dispute Resolution
These Terms shall be governed by, construed, and enforced in accordance exclusively with the laws of Germany without regard to any choice of law principles.
Should a dispute arise between the parties in connection with this agreement, its existence, validity or termination, the parties agree that such dispute shall be referred to and finally resolved by arbitration in the London Court of International Arbitration (“LCIA”), under its rules of arbitration for the time being in force, which rules are deemed to be incorporated by reference to this section. The arbitration shall be conducted in English by three (3) arbitrators, where each party shall appoint one (1) arbitrator and these two (2) arbitrators shall appoint a third arbitrator. The award shall be final and binding on both parties.
Section 13. Entire Agreement
Section 14. Questions, Suggestions and Complaints
If the user has any questions or suggestions, please contact PUMA at [●] [please provide the e-mail address of the grievance officer]. If you have any complaints, please direct your questions or concerns to the grievance officer:
(i) by phone: [●]; or
(ii) by e-mail: [●].
The grievance officer will expeditiously redress the concerns or grievances within a period of thirty (30) days from the date of receipt of the grievance.