NOBULL Terms of Use– NOBULL UK
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NOBULL Terms of Use

Last updated: 19 October 2022

These terms of use are entered into by and between you and us. The following terms and conditions, together with any documents, agreements or policies they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of our website uk.nobullproject.com or any other mobile or web interface now existing or later developed, including any content and functionality offered on or through these ("Website") and where applicable, your use of the NOBULL Connected Platform (see clause 16 below). The terms “you” and "your" as used in this these Terms of Use, means any person or entity who accesses or uses the Website.

1. WHO WE ARE AND HOW TO CONTACT US

The Website is operated by NOBULL International Limited ("NOBULL", "we", "our" or "us") a company incorporated under the laws of England and Wales (company number 11523485) and located at 5 The Green, Richmond, TW9 1PL, United Kingdom. Our registered VAT no. is 303486321.

You can contact us at:
Email: connect@nobullproject.com

2. ACCEPTANCE OF THESE TERMS OF USE

Please read these Terms of Use carefully before you use the Website. By using the Website, or otherwise agreeing, you accept and agree to be bound and abide by these Terms of Use. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies.

3. CHANGES TO THE TERMS OF USE & WEBSITE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them or otherwise notify you of the changes (or are effective on any other date we may specify), and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. If you do not agree to the revisions, you must stop using the Website.

4. ACCESSING THE WEBSITE

You may access and use the Website only as permitted by these Terms of Use. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and that they comply with them.

There is currently no charge to access and/or use the Website. However, you are responsible for obtaining and configuring (at your own cost) all necessary devices, computer programs, IT, platforms and telecommunications services required to access and/or use the Website.

We reserve the right to suspend, withdraw, alter, or amend all or any part of the Website, any service or material we provide on the Website, and any membership program, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. We will try to give you reasonable notice or any suspension or withdrawal.

5. CREATING AN ACCOUNT

In order to access certain portions or features of the Website, or to purchase products or services, you may be required to create a profile or account. When you create an account or establish a profile, you may be asked to create a user ID and choose a password. You are responsible for keeping your user ID and password secure and you are solely responsible for all activities that occur using your user ID and password. If you know or suspect that anyone other than you knows your password or has accessed your account, you must promptly notify us using the contact details set out at Section 1.

6. CHIPPER LOYALTY PROGRAMME

If you have created an account and are logged into it, Chipper loyalty points are earned at the time of purchase when ordering on the Website (or by providing your account email address in-store). Account holders will automatically become Chipper members, and can then earn points by making a purchase as a member. Other ways to earn points include completing actions from the loyalty page when logged into your account, such as following us on Instagram or Facebook. These points will only be rewarded if you click through the respective “Ways to Earn Points” blocks on the loyalty page when logged into your account. Only one account can be rewarded points when logged in. Points are awarded when any order is marked 'paid'.

Loyalty programme members earn 1 point for every £1 spent, unless otherwise specified as a part of a limited-time promotion. All shipping costs and taxes are included in the order total when points are rewarded. Members do not earn points on purchases made with gift cards, nor money saved using discount codes or merchandise credit. We have the right to make the final decision on whether any product purchase qualifies for points.

All product purchases (including purchases of gift cards) earn 1 point for every £1 spent on the Website and in-store. Points earned will be rounded down to the nearest penny. We are unable to award points in €EUR, so any purchases made in € EUR will be converted to £GBP, and customers will receive 1 point per £1 spent.

Points will be attributed to your account within approximately forty-eight hours (48) hours of in-store purchase, or date of Website or store order shipment. If you do not identify yourself at the time of purchase, a manual adjustment can be made to add the points to your account for up to thirty (30) days from the actual purchase date by contacting Customer Support at connect@nobullproject.com.

When members return products to the store, or return Website Product purchases by mail, points previously attributed for that purchase will be deducted from the point balance of the account. If a member's point balance is insufficient to cover a deduction related to a return, the member's point balance may go negative, and any account reaching a negative balance is subject to be suspended from all further activity at our discretion. Members with a suspended account will need to contact Customer Support to seek reinstatement of their account at connect@nobullproject.com. If an account has a negative balance, all earned points will apply first to the negative balance.

Points are our property, have no cash value, and are not transferable to anyone else or any other account in any capacity for any reason. Unused points will expire twelve (12) months after they have been issued if there is no activity on the account within that twelve (12) month period. Points that remain on an account will also expire and are forfeited if our Chipper loyalty program is terminated, or if your account is closed. Points may not be combined among members. We may change the terms of the Chipper loyalty programme on notice to you.

Earning points as a member of the Chipper loyalty program unlocks tiers with greater benefits, such as free shipping and early access to select products. Benefits per tier are outlined on the loyalty page on the Website. Members are eligible to earn points to unlock higher tiers within a calendar year, which starts on 1st January each year. Members who unlock a new tier within a calendar year will be eligible to keep that higher tier the following calendar, but their points balance will reset to the lowest points threshold of that tier. For example, if a member earns over 500 points to unlock the tier 'Insider' within a calendar year, they will begin the following year on 1st January as an Insider. Their points balance will reset to 500 points at the start of that year, and they will then have the opportunity to earn 500 more points before 31st December that year to reach the 'Exclusive' tier. If they earn 0 points within that calendar year though, they will be downgraded to the 'Member' tier in the following calendar year on 1st January.

Members of the Chipper loyalty programme have the opportunity to earn rewards delivered as discount codes via email, which can be redeemed at checkout for specified products or collections.

You do not need to be a member of the Chipper loyalty programme to participate in the "Refer-A-Friend" programme and earn rewards for referring friends, or being a successful referral. These rewards are delivered as discount codes via email, which can be redeemed at checkout for specified Products or collections. Successful referrals are customers who complete their first purchase of £99 and over with a friend's referral link.

All rewards and associated discount codes expire after six (6) months. Members who fail to redeem their code within six (6) months may contact Customer Support at connect@nobullproject.com for a new code, referencing the account where they received the original reward.

7. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, podcasts, images, video and audio, and the design, selection and arrangement thereof), are owned by NOBULL, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and treaties around the world.

The Site and its content are licensed to you in accordance with these Terms of Use which permit you to use the Website for your personal, non-commercial use only. Subject to your continued compliance with these Terms of Use, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, personal, revocable, limited licence to access and use the content for solely viewing within the Website. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except for your personal use. If we provide social media features, such as Facebook, Twitter, Instagram, or others that are later developed, with certain content, you may take such actions as are enabled by such features. Our status (and that of any identified contributors) as the authors of any content on the Website must always be acknowledged.

You must not:
(a) Modify copies of any materials from the Website.
(b) Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
(c) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

No right, title or interest in or to the Website or any content on the Website is transferred to you under any circumstances, and all rights not expressly granted are reserved by NOBULL and its licensors. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other applicable laws.

8. TRADEMARKS

All trademarks, service marks, logos and trade names which appear on products of NOBULL, product packaging and/or on the Website, whether registered or not (including but not limited to: the word mark “NOBULL” and the NOBULL logo) (the “Marks”) are and shall remain the exclusive property of NOBULL or its licensors (as applicable) and are protected by applicable intellectual property and trademark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without NOBULL's prior written consent, which shall be in NOBULL’s sole discretion. The use of any of the Marks on any other website is prohibited without the express written consent of NOBULL.

9. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

(a) In any way that violates any applicable laws.
(b) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
(c) To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
(d) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
(e) To impersonate or attempt to impersonate NOBULL, a NOBULL employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
(f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm NOBULL or users of the Website or expose them to liability.

Additionally, you agree not to:

(a) Use the Website or any device, software or routine that in any manner that could disable, overburden, damage, or impair the proper working of the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
(b) Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
(c) Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
(d) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
(e) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
(f) Otherwise attempt to interfere with the proper working of the Website.

10. USER CONTRIBUTIONS

The Website may contain message boards, surveys, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials, including photos and videos, (collectively, "User Contributions") on or through the Website. All User Contributions must comply with these Terms of Use, including without limitation, the Content Standards set out in Section 9.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contributions, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the worldwide, unrestricted, royalty-free, irrevocable, sub-licensable right to (a) publish, publicly display and perform, modify, edit, store, alter and otherwise use the User Contributions in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format now existing or hereafter created, including but not limited to print or recorded material, websites, and social media platforms; and (b) use your name, commentary, and other information about you in connection with the User Contributions.

You promise that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above; and (b) all of your User Contributions do and will comply with these Terms of Use. We reserve the right to use, not use, or discontinue using any User Contributions in our sole discretion at any time.

Additional Terms for Submitted Photos and Videos

The Website may allow you to submit photos and videos (collectively “photos”) to NOBULL. If you do, such photos will be considered “User Contributions” and all applicable terms and conditions in these Terms of Use shall apply. Please do not provide any photos that you did not take yourself or that you do not have permission to provide to us. By sending us photos, you promise to NOBULL that you have taken the photos yourself, you own all copyright, intellectual property rights and other rights to the photos, or that you have received the express written permission from the all relevant rights holder(s).

If other persons appear in the photos, you promise that you have received express permission from all such persons to take their photo and to provide it to NOBULL in accordance with these Terms of Use (which you have provided a copy of to all such persons). DO NOT PROVIDE ANY PHOTOS THAT CONTAIN THE IMAGE OF ANY MINORS UNDER 18 YEARS OLD.

11. MONITORING AND ENFORCEMENT; TERMINATION

We have the right (but not the obligation) to:
(a) Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
(b) Take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for NOBULL.
(c) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
We do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability to a third party for any action or inaction regarding User Contributions or any other transmissions, communications or content provided by any user or third party, including any such content that purports to give advice, including medical advice, regarding diet, training, fitness or exercise or the use of any products or services. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

12. CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable laws. Without limiting the foregoing, User Contributions must not:

(a) Contain any material which is defamatory, obscene, indecent, abusive, sexual, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(c) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
(d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
(e) Be likely to deceive any person.
(f) Contain any personal information such as contact information or social media handles.
(g) Promote any illegal or fraudulent activity, or advocate, promote or assist any unlawful or fraudulent act.
(h) Contain any medical advice, or give the impression that it contains medical advice.
(i) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
(j) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
(k) Promote any third party organization or business.
(l) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
(m) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

13. NO RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not give any assurances as to the accuracy, completeness, timeliness, or usefulness of this information. All features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on our Website at a particular time does not imply or promise that these products or services will be available at any time. Any reliance you place on such information is strictly at your own risk..

The Website may include content provided by third parties, including materials provided by other users, athletes, trainers, coaches, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by NOBULL, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of NOBULL. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The Website may include information and features that promote physical activity, nutrition or general wellness. They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. The Website may include or display images and videos of people playing sports and exercising. Please be aware that we are not familiar with your individual physical characteristics and health. Before you begin any exercise program or physical activity, you should consult with a medical professional.

14. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect about you on the Website will be treated and processed securely and strictly in accordance with applicable laws. Please refer to NOBULL’s Privacy Policy for important information about our collection, use and sharing of your personal information.

15. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, 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 without our express written consent. In such cases, you may not link to any part of the Website other than the homepage and you must not cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

16. NOBULL CONNECTED PLATFORM

The NOBULL Connect Platform (the "Platform") enables you to become a member of our digital community. Members of the Platform can post pictures and videos, chat privately with other members, comment on posts, register for in-person and virtual events as well as other features which we continue to develop.

By signing up to become a member of our digital community via the Platform, you acknowledge and agree that, apart from clause 6 above (Chipper Loyalty Programme) all of the provisions of these Terms of Use shall also apply to your use of the Platform.

The Platform is hosted by a third party, CircleCo Inc ("Circle"). By accessing the Platform, you might also be required to accept terms of use published by Circle.

Should you have any queries about the Platform or these Terms of Use, you can contact us at: connect@nobullproject.com

17. LINKS FROM THE WEBSITE

Our Website may contain links to websites that are owned and controlled by third parties that are not within NOBULL’s control, which are for your information and convenience only. The sites you can link to have their own separate terms and conditions and privacy policies, which we encourage you to review prior to using such sites. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We are not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk.

18. LIMITATION ON LIABILITY

If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill[, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury resulting from our negligence or the negligence or our employees, agents of subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products by us, which will be set out in our Terms of Sale.

The Website and its content are for domestic and private use only. You agree not to use the Website or its content for any commercial or business purposes, and we have no liability to you for any business losses, loss of profits or savings or anticipated profits or savings, loss of opportunity, loss or reputation, goodwill or business or any economic loss even if we are advised in advance of the possibility of such loss.

19. Other Important Terms

We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these Terms of Use to another person if we agree to this in writing.

A contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms of Use.
Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

You and we agree that English law applies to these Terms of Use. If you are accessing this Website and live in an EU Member State, you also have the benefit of any protection afforded to you by the mandatory provisions of the law of your country of residence. You can bring legal proceedings under these Terms of Use in the English courts, or the courts of the EU Member State in which you live.

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