Terms of Use
ATHL8, its group companies, and affiliates (“ATHL8”) own and operate websites across the European Economic Area and the UK (collectively the “Sites”). The corporate entity you are interacting with will depend on your geographical location and/or the Site you are accessing.
As a convenience to you, ATHL8 grants you (“you”, “your”) access to the Sites and use of its applications (hereinafter referred to as the “Apps”) (together, the “Platform”), conditioned on your acceptance of these terms, conditions, and notices contained herein (the “Terms”) (together with the relevant Privacy Policy, Cookie Policy, Terms of Sale, and any other documents referred to herein).
For the purposes of these Terms, “Content” means collectively any text, images, graphics, software, source code, Apps, specifications, audio files, videos, articles, trademarks, logos, and other information or content made available through the Platform that are not Submissions (as that term is defined below), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content.
A. General Terms of Use
1. Acceptance of Terms.
PLEASE READ THESE TERMS OF USE (“Terms of Use”) AND ATHL8'S PRIVACY POLICY WHICH IS PUBLISHED FROM TIME TO TIME ON THE SITE YOU ARE USING (“Privacy Policy”) CAREFULLY BEFORE USING THE PLATFORM. BY USING THE PLATFORM ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES (collectively, “Devices”), YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE PURPOSE FOR PROCESSING INFORMATION SET OUT IN OUR PRIVACY POLICY, YOU MUST EXIT THE PLATFORM IMMEDIATELY AND DISCONTINUE ANY USE OF THE PLATFORM AND ANY CONTENT CONTAINED THEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND THE ATHL8 PRIVACY POLICY, THEN YOU WILL NOT BE ABLE TO DOWNLOAD, USE, OR ACCESS THE PLATFORM. YOUR USE OF THE PLATFORM SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
ATHL8 MAY, IN ITS SOLE DISCRETION, MODIFY THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE PLATFORM OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THE PLATFORM. BY CONTINUING TO USE OR ACCESS THE PLATFORM, YOU ARE AGREEING TO THE REVISED TERMS. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with ATHL8 or its affiliates for other products or services.
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection, use, and further processing of personal information on the Platform. Notwithstanding anything else to the contrary contained in these Terms of Use, ATHL8’s use of any personal data (e.g., name, address, etc.) you provide via the Platform shall be governed by our Privacy Policy. For further information regarding ATHL8’s processing of your personal information, please refer to our Privacy Policy, available at the bottom of the Site you are visiting from time to time.
You are expected to check this page from time to time to take notice of any changes ATHL8 has made, as they are binding on you. These Terms of Use were updated as of 12 May 2025.
2. Use and Restrictions.
The Platform may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not otherwise barred from using the Platform under applicable laws.
The Platform is provided solely as a convenience to you for non-commercial use. You may access and use the Platform only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that ATHL8, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Platform.
You further agree that you will not:
- resell for commercial purposes products purchased through the Platform, or as applicable, from a ATHL8 retail store;
- commercially sell, resell, distribute, or frame the Platform or Content therein;
- modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
- use, frame, or utilize framing techniques to enclose any ATHL8 trademark, logo, or other proprietary information (including the images found on the Platform, the content of any text or the layout/design of any page or form contained on a page) without ATHL8’s express written consent;
- collect or use any product listings or descriptions; or
- use any meta tags or any other “hidden text” utilizing an ATHL8 name, trademark, or product name without ATHL8’s express written consent.
When using the Platform, you may not:
- breach, attempt to breach, or otherwise bypass any security or authentication measures of the Platform, the server on which our Sites are stored, or any server, computer, or database connected to our Platform;
- transmit into or submit to the Platform any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Platform, including the systems or servers which host the Platform;
- use any data mining robots, or similar data gathering and extraction methods from the Platform;
- access or attempt to access any systems or servers on which the Platform is hosted or modify or alter the Platform in any way, other than for your use of the Platform as expressly permitted in these Terms;
- attack our Platform via a denial-of-service attack or distributed denial-of-service attack; or
- forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Platform.
Any unauthorized use of the Platform will terminate the permission or license granted by these Terms of Use, will result in you being barred from using the Platform, and may violate applicable law, including, but not limited to, copyright laws, trademark laws, and communications regulations and statutes.
3. Copyright
The Content, Sites, and Apps, as well as the selection and arrangement thereof, are the sole property of ATHL8 and/or its licensors and are protected by patent, copyright, trademark, and other intellectual property laws and may not be used except in accordance with these Terms of Use or with ATHL8’s express written consent. Other than as necessary for your use of the Platform in accordance with these Terms of Use, ATHL8 grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Content. Any Content owned by ATHL8's licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Apps or Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, smart phone, tablet, or other medium for publication or distribution or for any commercial enterprise, without ATHL8’s express prior written consent.
If you print, copy, or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately, and you must, at ATHL8’s option, return or destroy any copies of the materials you have made. You may print one copy and may download extracts of any page(s) from the Platform for your personal non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video, or audio sequences or any graphics separately from any accompanying text. ATHL8’s status (and that of any identified contributors) as the author(s) of material on the Platform must always be acknowledged.
4. Trademark
All trademarks, service marks, trade names, logos, and trade dress, whether registered or unregistered (collectively, the "Marks") that appear on the Platform are proprietary to ATHL8 or such Marks' respective owners. You may not display or reproduce ATHL8 Marks other than with the prior written consent of ATHL8, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names, and/or trade dress of ATHL8 or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ATHL8.
5. Copyright and Trademark Infringements
ATHL8 respects the intellectual property rights of others, and we ask you to do the same. ATHL8 may, in appropriate circumstances and at our discretion, terminate service and/or access to the Platform for users who infringe the intellectual property rights of others.
Please also note that for copyright infringements, any person who knowingly, materially misrepresents that such material or activity is infringing may be subject to liability, to the extent permitted by applicable laws.
6. Your Account
If you purchase products or services using the Platform, you may be prompted to establish an account with ATHL8, and at your discretion may choose to do so. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Platform that occur under your account or your account password.
You agree to immediately notify ATHL8 of any unauthorized use of your password or account or any other breach of security by contacting the support team. We have the right to disable any account or password at any time, for any reason.
You acknowledge and agree that ATHL8 may, in alignment with the Privacy Policy, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Platform, and all information relating to the use of the Platform under your account or account password if ATHL8 is required to do so by law or legal process or if ATHL8 determines, in its sole discretion, that such action is necessary to protect the rights of ATHL8, third parties, and other users of the Platform or for purposes of responding to your request for customer service.
7. Terms of Sale
All product sales from the Platform and purchases made in-Store are governed by any terms of sale that may be posted on the Platform. Refer to the “Help” section at the bottom of the home page and related pages on the Platform to learn more about applicable terms, limited product warranties, our return and exchange policies (the “Return Policies”), payment options, and shipping terms (collectively, the “Terms of Sale”). By ordering and/or accepting delivery of the products, you agree to be bound by the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in ATHL8’s sole discretion, so you should review the Terms of Sale each time you make a purchase.
8. Electronic Communications
ATHL8 may communicate with you via electronic communications either in the form of email sent to you at the email address listed on your account, SMS or MMS messages sent to you at the phone number you provide, or by communications posted on the Platform. Such communications shall only be for purposes enabled by law, the terms set out in our Privacy Policy and/or your consent. You acknowledge and agree that any electronic communication in the form of such email, SMS or MMS messaging, or posting on the Platform shall satisfy any legal requirement that such communication be in writing.
You agree that ATHL8 may use and/or disclose information consistent with the Privacy Policy.
9. Submissions
You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, images, audio, photos, videos, product or services feedback or ideas, and any other content or material that you submit, upload, post, or otherwise make available on or through the Platform (each, a "Submission") and through the services available in connection with the Platform, and that you, and not ATHL8, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to ATHL8. You represent that 1) the posting and use of your Submission on or through the Platform does not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; 2) you agree to pay for all royalties, fees, and any other monies owed by reason of the Submission you post; and 3) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Platform is provided on a non-proprietary and non-confidential basis.
You agree that ATHL8 is free to use a Submission for the purpose of providing you and others with use of the Platform and their functionality and providing you with the associated products and services, and, unless the rights in such Submission are assigned to ATHL8 under these Terms of Use, you grant ATHL8 a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission.
In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information ("Personal Rights"), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to ATHL8 a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of ATHL8 products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential, and ATHL8 is under no obligation to treat such Submissions as proprietary information except pursuant to the Privacy Policy applicable to personal data. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS OF USE, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Platform or otherwise have the right to grant the Licenses to ATHL8 set forth in this section, and (ii) your Submission is accurate and not misleading, and (iii) the posting of your Submissions on or through the Platform does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, or any other rights of any person or entity or violate any applicable law, rule, regulation, or order. You agree to pay for all royalties, fees, damages, and any other monies owing to any person by reason of any Submissions posted by you to or through the Platform. When submitting Submissions to or otherwise using the Platform and/or the services, you agree not to, without limitation:
use the Platform in a manner that uses technology or other means to access the Platform, or other content that is not authorized by ATHL8;
- use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content;
- take any action that imposes or may impose (in ATHL8’s sole discretion) an unreasonably or disproportionately large load on ATHL8’s infrastructure;
- attempt to gain unauthorized access to ATHL8’s computer network or user accounts;
- encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
- attempt to damage, disable, overburden, or impair ATHL8 servers or networks;
- fail to comply with applicable third-party terms;
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- use racially, ethnically, or otherwise offensive language;
- discuss or incite illegal activity;
- use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
- post anything that exploits children or minors or that depicts cruelty to animals;
- post any copyrighted, trade-secret, proprietary, patented, proprietary, or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice, or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
- disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
- use any robot, spider, scraper, or other automated means to access the Platform; and
- alter the opinions, goals, profiles, or comments posted by others on the Platform.
This list of prohibitions provides examples and is not complete or exclusive. ATHL8 reserves the right to (a) terminate your access to your account, (b) terminate your ability to post to the Platform (or the services), and (c) refuse, delete, modify, edit, or remove any Submissions, when you materially breach these Terms of Use or for any action that ATHL8 determines is inappropriate or disruptive to the Platform or to any other user of the Platform and/or services, without prior notice to you. ATHL8 may report to law enforcement authorities any actions that may be, or are reasonably suspected to be, illegal, and any reports it receives of such conduct. When legally required, ATHL8 will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Platform or on the Internet.
ATHL8 takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, ATHL8 is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require ATHL8 to monitor, police, or remove any Submissions or other information submitted by you or any other user.
ATHL8 prohibits crawling, scraping, caching, or otherwise accessing any content on the Platform via automated means, including, but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with ATHL8's express consent).
It is ATHL8's policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested and to which certain specific terms, conditions, and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, ATHL8 does not accept unsolicited materials or ideas and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you expressly agree to grant ATHL8 a worldwide, non-exclusive, transferable and sub-licensable right to use any such content, information, ideas, suggestions, or other materials, for any purposes whatsoever without further consent, notice, and/or compensation to you or to third parties.
10. Modifications
Any Content offered or posted on the Platform is subject to modification or discontinuation at any time and from time to time. Without limiting the foregoing, ATHL8 reserves the right to charge fees for the use or purchase of, or access to, any products, services, or Content offered through the Platform, at any time and from time to time.
11. Indemnification
You agree to defend, indemnify, and hold harmless ATHL8, its affiliates, and their respective directors, officers, employees, and agents against any losses, liabilities, claims, or expenses (including legal fees) as a result of (i) your Submission or your access to or use of the Platform; (ii) your breach or alleged breach of the Terms; (iii) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss or damage we suffer as a result of your breach of the Terms. Your statutory rights are not affected.
12. Third-Party Sites
The Platform may contain links to websites, widgets, Marks, or other resources owned, controlled, operated, or otherwise provisioned by third parties other than ATHL8 or its affiliates (collectively, “Third-Party Sites”). Access to Third-Party Sites is provided solely as a convenience to you. ATHL8 does not control Third-Party Sites and is not responsible for the content, products, services, or information offered by any such third parties. The inclusion of Third-Party Sites on the Platform does not imply ATHL8’s endorsement of the content, products, services, or information offered, advertised, endorsed, or promoted by any third party, or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
13. Linking to the Sites
You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Sites must not be framed on any other website, nor may you create a link to any part of the Sites other than the home page. We reserve the right to withdraw linking permission without notice, for any or no reason. The website from which you are linking must comply in all respects with these Terms of Use.
14. Warranties and Disclaimer
AS A CONDITION OF YOUR USE OF THE PLATFORM, YOU WARRANT TO ATHL8 THAT YOU WILL NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS.
THE SITE, APPS, SUBMISSIONS, AND ANY PRODUCTS OR CONTENT, INCLUDING LINKS, PROVIDED VIA THE PLATFORM, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATHL8 DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, SUBMISSIONS, CONTENT, AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ATHL8 DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPS, SUBMISSIONS, CONTENT, OR ANY PRODUCTS, SERVICES, OR ANY OTHER INFORMATION ACCESSIBLE VIA THE PLATFORM IS SECURE, ACCURATE, COMPLETE, OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. ATHL8 will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or any website linked to it.
IN ADDITION, THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. ATHL8 THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES, OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ATHL8 RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, ATHL8 MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, ATHL8 WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE.
Minor differences in colour and other variations in products are possible as a result of different image acquisition, display technologies, or other technical reasons. ATHL8 is not liable for these variants and deviations.
Nothing in these Terms of Use shall affect your legal rights under applicable consumer laws.
16. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, ATHL8 AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND THIRD-PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NON-PERFORMANCE OF THE PLATFORM, ERRORS, OMISSIONS, VIRUSES, AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY ATHL8’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE, OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree that any claim you may have arising out of or related to your relationship with ATHL8 must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
17. Miscellaneous
If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed, and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.
18. Language
The official language of these Terms of Use and all communications and agreements between ATHL8 and you and any proceedings in connection with these Terms of Use and/or your use of the Platform shall be made in the English language, save for when the relevant local Site is being accessed and used in The Netherlands, Spain, Germany, Italy or France in which case Dutch, Spanish, German, Italian and French language will apply respectively. ATHL8 and you waive any rights we may have under any other law to have these Terms of Use written in another language. Any other translation of these Terms of Use will be for convenience only.
19. No Partnership
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ATHL8 as a result of these Terms of Use, the Privacy Policy, or any use of the Platform. ATHL8's performance of these Terms of Use is subject to existing laws and legal process. Nothing contained in these Terms of Use or the Privacy Policy is in derogation of ATHL8's right to comply with law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by ATHL8 with respect to such use.
20. Entire Agreement
These Terms of Use, the Privacy Policy, Return Policy, Cookie Policy, and Terms of Sale constitute the entire agreement between you and ATHL8 with respect to the Platform, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ATHL8 with respect to the Platform.
21. Questions or Concerns
If you have any concerns about material which appears on the Platform, please contact us by emailing us at legal@athl8.com. You can also contact us via any other means set out on the relevant Site.
B. Market-Specific Terms of Use
1. Third-Party Transaction Partners
In some jurisdictions, ATHL8 partners with e-commerce partners to facilitate and process transactions on the Platform. In such jurisdictions, the partner is the merchant of record. By purchasing products or services through the Platform, you acknowledge that the partner may have access to information you submit to the Platform, including personal data, and you accept any additional terms or conditions from the partner that may apply. For more information, please review the Terms of Sale.
2. Governing Law
All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings, and other hearings or actions initiated in connection with the Platform and/or the Content must and will be venued exclusively by the courts in The Netherlands under Dutch Law.
These Terms of Use will be construed without giving effect to principles of conflict of laws of any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use.
3. Discount Programs
Unless otherwise provided for in a separate discount program agreement, (1) ATHL8 may restrict the types of acceptable payment used in connection with an applicable discount (ex., a debit or credit card may be required); and (2) you may not resell any product purchased with your applied discount. ATHL8 reserves, and you acknowledge and agree, that ATHL8 has the absolute right to deny use of an applicable discount or refuse orders to any person suspected of reselling or orders which have characteristics of reselling.
4. Dispute Resolution
We always try to settle disputes with our guests directly through our support team. However, if you are still unhappy with the resolution provided to you, it is open to you to contact a certified dispute resolution provider to help you.
If you are in the EU, you can use the EU online dispute resolution service at https://ec.europa.eu/consumers/odr/. You can also use that service to obtain information about approved dispute resolution services in your own country.
If you are in the UK, you can contact any dispute resolution body approved by Trading Standards, such as Retail ADR at https://www.retailadr.org.uk/.
C. Gift Cards Terms and Conditions
These Gift Card Terms and Conditions (the “Gift Card Terms”) apply to all ATHL8 physical and electronic gift cards (“eGift Cards”), including all ATHL8 trade-in, credit, or promotional physical and eGift Cards (each, a “Gift Card”, and collectively, “Gift Cards”) purchased, used, loaded, obtained, or otherwise redeemed (collectively, “Used”) by you.
By Using a Gift Card, you agree to be bound by the “Terms”, which include these Gift Card Terms, the broader Terms of Use, Terms of Sale, and the terms and conditions of ATHL8’s third-party Gift Card providers (as detailed below). To the extent there are conflicts between these Gift Card Terms and the Terms of Use or the Terms of Sale, these Gift Card Terms will control with respect to the use, purchase, and redemption of Gift Cards. You agree and acknowledge that ATHL8 may process your personal data in connection with your Use of Gift Cards in accordance with the Privacy Policy.
In these Gift Card Terms, “you” and “your” means the cardholder who Uses a Gift Card. “Online” means ATHL8 ecommerce domains, such as www.athl8.com. “Stores” means ATHL8 owned and operated retail stores.
1. Purchasing
Depending on your jurisdiction, Gift Cards are available for purchase in Stores, Online, and at various other authorized retailers. Gift Cards purchased from ATHL8 are offered in the following ranges, based on currency:
- Gift Cards in EUR can be purchased in amounts from €10 to €1,000.
- Gift Cards in GBP can be purchased in amounts from £10 to £750.
- Gift Cards in CHF can be purchased in amounts from ₣10 to ₣1,000.
Gift Cards have no value until activated. ATHL8 reserves the right to suspend or delay activation until payment has been cleared.
It is your responsibility to obtain a receipt for Gift Card purchases and to ensure that the card number listed on the receipt corresponds to the card number printed on the Gift Card.
Gift Cards are only valid if purchased from Stores, Online, or an authorized third-party distributor. A Gift Card is neither valid nor acceptable, and we will not be held liable, if it is obtained from unauthorized sellers or resellers, including Internet auction sites.
Limitations:
ATHL8's policies limit the maximum value of each Gift Card to €1,000, and ATHL8 uses commercially reasonable efforts to limit the aggregated amount of Gift Cards purchased to €2,000 per day (within a 24-hour period), per individual across Stores and Online.
You may not use third-party gift cards to purchase a Gift Card.
Your Gift Card balance cannot be used to purchase other Gift Cards.
A Gift Card is not a credit, debit, or charge card. No implied warranties are attached to purchased Gift Cards.
Gift Cards cannot be returned; resold, used for payment outside of Stores or Online; used for unauthorized advertising, marketing, sweepstakes, or promotional or commercial purposes; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner otherwise prohibited by ATHL8. No portion of your Gift Card balance may be transferred to another person, ATHL8 Wallet, or ATHL8 account or be applied to any other account, except to the extent required by law.
If purchasing Online, ATHL8 will not be liable for any failure or delay in delivery. You are obligated to provide the correct address or email address, as applicable. ATHL8 is not responsible for Gift Cards that are undeliverable or not received due to inaccurate delivery information.
ATHL8 is not liable for Gift Cards purchased or sold via websites that facilitate the aftermarket sales of pre-owned merchandise (e.g., Facebook, eBay etc ). Gift Cards obtained or purchased from non-ATHL8 sources may be invalid or have a lower redeemable balance or value than the unauthorized vendor represented. ATHL8 is not obligated to honor invalid Gift Cards or balances or values that have been misrepresented or are incorrect.
2. Redemption
Gift Cards can only be redeemed in Stores and Online. Gift Cards cannot be used at other retailers (shop-in-shops), such as department stores, or franchises, or with our (online) wholesale partners.
If you are purchasing a Gift Card from an authorized third-party retailer, redemption may be restricted to Stores and the Site in that country of purchase. It is your responsibility to review any additional terms and conditions at the time of purchase.
When you use a Gift Card to make a purchase, the amount available on the Gift Card is reduced by the purchase amount, and each subsequent purchase is deducted from the balance. The use of your Gift Card for purchases is a demand for and withdrawal from the remaining value on your Gift Card. The balance will remain on the Gift Card until it is decreased to zero. You must have sufficient available funds on a Gift Card to make any purchase or pay any difference between the available funds and the purchase amount in cash or by credit card, or in a form acceptable to ATHL8.
You do not have the authority to halt a purchase initiated with your Gift Card, and you are not liable for any such transaction. ATHL8 reserves the right to refuse a Gift Card or limit the ability to use if ATHL8 has reason to believe that the Use is unauthorized, fraudulent, or otherwise illegal.
Restrictions:
- Only three (3) Gift Cards can be redeemed at a time.
- Gift Cards can only be redeemed in the country of purchase
- Gift Cards can only be redeemed against its original currency
- Gift Cards cannot be used in Stores or Online in combination with certain discount programs
- Gift Cards cannot be transferred to another account after you have redeemed the claim code.
- Gift Cards cannot be used as payment for orders placed for commercial purposes (i.e., sourcing inventory online). You are not permitted to use Gift Cards to fulfil sales or fund purchases with the intent of reselling or exporting the goods or services.
3. Returns
Subject to the Returns Policy, all returns for purchases made with a Gift Card will result in a credit to a Gift Card or issuance of a new Gift Card in the amount of the returned item. If multiple payment methods were used for the purchase, the portion paid for with a Gift Card will be refunded accordingly.
4. Risk of Loss
The risk of loss and title for Gift Cards passes to the purchaser upon sale, upon ATHL8’s electronic transmission of the Gift Card to the purchaser or designated recipient, or ATHL8’s delivery to the carrier, whichever is applicable.
You are responsible for safeguarding your Gift Card from unauthorized use. ATHL8 is not responsible if any Gift Card is lost, stolen, or destroyed or if your Gift Card is used without your permission. ATHL8 will not replace or replenish Gift Cards that are lost, stolen, or used without authorization.
Beware of gift card scams. Do not share your Gift Card number and PIN if you are not purchasing an item from Stores or Online. ATHL8 is not responsible for and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any gift card.
5. Expiration of Gift Cards
Gift Cards expire after five (5) years from their issuance date. Gift cards do not accrue fees.
6. Violation of These Terms; Suspension; Fraud
By Using a Gift Card, you agree to comply with the Terms and not Use a Gift Card in a way that is harmful to ATHL8, its affiliates, or its guests. If you engage in a prohibited activity that violates our Terms, company policies, or that, in our sole discretion, disrupts or harms our customers, reputation, goodwill, business, or operations, we may take additional action(s) against you and impose restrictions on Gift Cards, including Gift Card balances, services, and accounts, orders, and purchases.
We reserve the right, without prior notice, at any time and in our sole discretion, to (i) prohibit you from purchasing, claiming, redeeming, or reloading Gift Cards; (ii) void, limit, modify, deactivate, suspend, or refuse to accept Gift Cards (including as a component of your Online balance) without a refund; (iii) cancel or limit orders and fulfilment (including orders relating to Gift Cards and balances used to make purchases); or (iv) close or suspend accounts and access to our services. This may occur under certain situations, including, but not limited to, (a) if a Gift Card was obtained, used, or applied to an Online account or used as payment in a manner that is fraudulent, illegal, or in violation of the Terms and our policies; (b) if the Gift Card balance uploaded or applied to an Online account exceeds a legal or regulatory limit; (c) if we experience an issue with the on-file payment (e.g., insufficient funds) and/or need to verify information for payment to clear; and/or (d) if an update or change in law imposes new legal requirements.
7. Compliance with Laws
Your Use of a Gift Card certifies and represents to ATHL8 that the activities in which the Gift Card will be used will comply with the Terms, all applicable laws, rules, and regulations and that the Gift Card will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to guests. In addition, you agree to defend and indemnify ATHL8 and its subsidiaries and affiliates from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your Use of a Gift Card or violation of the Terms. You agree to release ATHL8 from and against all claims and expenses you may have and liabilities you may incur in connection with your Use of the Gift Card or violation of any of the Terms.
8. No Promotional Use or Affiliation with ATHL8
Gift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising, or other promotional activities (including, without limitation, via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).
It is strictly prohibited to use ATHL8’s name, logo, trademarks (including any image/likeness of the Gift Cards), or intellectual properties, including, without limitation, trademark and copyright, in connection with Gift Cards in any way that states or implies that any person, website, business, product, or service is endorsed or sponsored by or otherwise affiliated with ATHL8 or any of its subsidiaries or affiliates.
9. Limitation of Liability
ATHL8 MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY AND OUR SOLE LIABILITY SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
10. Disputes
Any dispute relating in any way to Gift Cards, and the Use thereof, will be resolved in accordance with the Terms of Use.
11. Governing Law
When you purchase, receive, or redeem a Gift Card, you agree that the laws of the local jurisdiction, without regard to principles of conflict of laws, will govern these Gift Card Terms.
12. Third-Party Gift Card Providers
ATHL8 uses third-party providers to issue, administer, and provide Gift Cards to you. ATHL8 may terminate or modify the relationships with such providers without notice to you. No unlicensed vendor may resell a Gift Card under penalty of law; unlawful resale or attempted resale may result in seizure and cancellation without compensation.
Electronic Gift Cards may be purchased and delivered via email by our third-party partner and additional terms and conditions may apply.
D. Review Terms and Conditions
These Review Terms and Conditions (“Review Terms”) govern your conduct associated with the Customer Ratings and Review service offered by ATHL8 (the “CRR Service”), along with the broader Terms of Use. To the extent of any conflict between ATHL8's Privacy Policy and these Review Terms, these Review Terms shall control with respect to the CRR Service.
Any content you submit through the CRR Service shall be considered a “Submission”, as defined in the Terms of Use, and is subject to all applicable terms therein. Additionally, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in the Submission have been voluntarily waived by you;
- you are at least thirteen (13) years old; and
- use of the Submission does not violate these Review Terms and will not cause injury to any person or entity.
- You further represent and warrant to not submit any Submission:
- for which you were compensated or granted any consideration by any third party; or
- that includes any information that references other websites, addresses, email addresses, contact information, or phone numbers.
You agree to indemnify and hold ATHL8 (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers, including, but not limited to, trustpilot ) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth in these Review Terms or in the Terms of Use, or your violation of any law or the rights of a third party.
All Submissions through the CRR Service may be used at ATHL8's sole discretion. ATHL8 reserves the right to change, condense, or delete any Submission that ATHL8 deems, in its sole discretion, to violate the Submission guidelines or any other provision of these Review Terms. ATHL8 does not guarantee that you will have any recourse through ATHL8 to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, ATHL8 reserves the right to remove or to refuse to post any Submission for any reason. You acknowledge that you, not ATHL8, are responsible for the contents of your Submission. None of the content that you submit shall be subject to any obligation of confidence on the part of ATHL8, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.
By submitting your email address in connection with your rating and review, you agree that ATHL8 and its third-party service providers may use your email address to contact you about the status of your review and for other administrative purposes.