Terms & Conditions

LAST UPDATED: July 31, 2026

PLEASE READ THE FOLLOWING TERMS CAREFULLY

Part 1 – Details

ABOUT US

Company details: New Balance New Zealand Limited, a company registered in New Zealand under NZBN 9429038013508 with its registered office at 16 College Hill, Freemans Bay, Auckland 1011, New Zealand (“New Balance”, “we,” “us” or “our”).

Contacting us: You may contact us by telephone at (0800) 764 902, by email at nbweb.cservice@newbalance.com , online at www.newbalance.co.nz/customerservice/, or by writing to us at New Balance New Zealand Limited.

Our contact with you: If we need to contact you for any reason, we will do so using the contact details you provide to us when you place your Order.

About these Terms: These Terms apply to your use of the Site, your purchase of Products via the Site, and your participation in the New Balance Membership Scheme (if applicable). If you are purchasing a New Balance gift card, additional terms will apply to your purchase, which are available at https://www.newbalance.co.nz/on/demandware.store/Sites-NBNZ-Site/en_NZ/Giftcards-Show. These Terms are divided into different parts which will apply to you depending on how you interact with us. Part 1 (Details) and Part 3 (General Terms) will apply to everyone, Part 2 (Supply of Products via this Site) applies if you make a purchase online, Part 4 (Membership Terms) applies if you participate in the New Balance Membership Scheme, and Part 5 (Terms and Conditions of Website Use) applies by accessing the Site. The Site is directed at individual consumers residing in New Zealand. We draw your attention in particular to clause 13, which explains how we limit our liability to you.

We may make changes to these Terms: New Balance sometimes needs to update or modify these Terms. These changes might be to reflect changes in the law or other regulatory requirements, or to make improvements, for example to address a security threat. The changes will take effect upon their posting on the Site and will apply to Orders placed after that date. Please review these Terms as often as you feel necessary, such as when you are making a new purchase, since your purchase of Products via the Site will serve as your confirmation that you agree with and accept the Terms as available on the Site at the time of your purchase.

Your record of these Terms: We advise you to print out or download and store these Terms and any Dispatch Confirmation for your own records.

INTERPRETATION

Language: These Terms are made available in English.

Definitions: The following definitions apply to these Terms:

“Contract” has the meaning given in clause 3.1;

“Dispatch Confirmation” has the meaning given in clause 5.4;

“Event Outside Our Control” has the meaning given in clause 15.1;

“GST” means goods and services tax as that term is defined in the Goods and Services Tax Act 1985;

“Order” means an order for Products purchased by you using the Site;

“Products” means New Balance products purchased from us using the Site;

“Site” means the New Balance website found at www.newbalance.co.nz; and

“Terms” means these terms and conditions.

Part 2 - Supply of Products via this Site

APPLICABLE TERMS AND ACCEPTANCE

Any contract between you and us for the sale of Products to you in exchange for payment via the Site (“Contract”) will be governed by these Terms. Please read these Terms carefully and make sure that you understand them, before purchasing any Products from us. If you don’t understand anything in these Terms, you can contact us for help by using the contact information in Part 1 of these Terms. If you refuse to accept these Terms, you will not be able to purchase any Products from us through the Site.

WHO CAN PLACE AN ORDER

You can only place an Order if you are a consumer (not a business) and you are 18 years of age or older. You will also need to be able to make payment via one of our accepted payment methods (please see clause 10.1 for further information).

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

The Site will guide you through the steps you need to take to input your payment information to pay for and thereby place an Order for any Products with us. Please take the time to read and check that your payment and contact information is correct prior to placing an Order – it is your responsibility to make sure that your Order is correct and accurately reflects your selection. If an Order is not correct in any way, please contact us and let us know quickly by using the contact information in Part 1 of these Terms.

Prior to placing an Order via the Site, you will be required to accept these Terms by clicking Accept. Following your acceptance of the Terms and placement of an Order, we will send out an acknowledgement email detailing the Order including the final price you will pay for the Products plus any tax, duty and/or shipping costs. Please note that this email is not an Order confirmation or acceptance of your Order by New Balance and we reserve the right to reject such Order or limit the quantity of Products under such Order. Our acceptance of your Order will take place as described in clause 5.4.

If we are unable to supply you with a Product, for example because that Product is not in stock, is no longer available or because we cannot meet your requested delivery date, we will inform you of this by phone or e-mail and we will not process the part of your Order relating to that Product. We will process your Order to the extent that we are able to provide any other Products purchased under the Order. If we are not able to provide any of the Products in a particular Order, we will cancel the Order for such Products and notify you of this cancellation by phone or e-mail. If you have already paid for the Products that we are not able to provide, we will refund you the full amount for those Products, including any delivery costs charged, within a reasonable timeframe.

We will confirm our acceptance of your Order to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will be formed when we send you the Dispatch Confirmation.

OUR PRODUCTS

Products may vary slightly from their pictures: The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. Also, leather is a natural material featuring naturally occurring variations and imperfections and so the colour, texture and general appearance of your Product may vary slightly from images or samples shown to you.

Product packaging may vary: The packaging of the Product may vary from that shown in images on our Site.

USE OF PRODUCTS

We supply the Products under these Terms for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes. Any other use is prohibited unless agreed to by New Balance in writing.

Price of Products and Delivery Charges

Price of the Products:

The prices of the Products will be as shown to you on the Site at the time you submit your Order.

Prices for our Products may change from time to time, but changes will not affect any Order you have already placed via the Site.

GST: The price of a Product includes GST (where applicable) at the applicable current rate chargeable in New Zealand for the time being.

Delivery charges: The price of a Product does not include delivery charges. Our delivery charges are as shown to you on the Site during the check-out process, before you confirm your Order.

DELIVERY

Delivery by us: Following receipt of the Dispatch Confirmation you will be able to track the progress of your Order through our authorized carrier, either to your address or the collection point you have chosen via the Site. Please contact the carrier using the details set out in the Dispatch Confirmation if you require an estimated delivery date. Please note that the estimated delivery date is just that and we cannot guarantee delivery by the estimated delivery date. Occasionally our delivery to you or your chosen collection point may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.

Completion of delivery: Delivery of an Order shall be completed either when we: (i) deliver the Products to the address you gave us at the time of placing the Order on the Site; or (ii) when you, or someone on your behalf, collect(s) the Products from your chosen collection point, and the Products will be your responsibility from that time. To avoid doubt, New Balance is not responsible for any lost or stolen Products after they have been delivered to, or collected by, you.

Transfer of risk in the Products: You are responsible for the Products on delivery of the Products to you or upon collection of the Products by you or someone on your behalf from your chosen collection point in accordance with clause 9.2.

Transfer of title in the Products: You own a Product on the later of our receipt of full payment for the Products or delivery of the Products to you or upon your collection of the Products from your chosen collection point in accordance with clause 9.2.

Delivery restrictions: We do not offer international delivery for items purchased through the Site.

HOW TO PAY

We accept most common credit and debit cards issued in New Zealand. To see if we accept your card, please check this page: https://www.newbalance.co.nz/customer-service-paymentoptions.html. We also accept payments through Afterpay, a third-party “Buy Now, Pay Later” service provider. If you select Afterpay as your payment method, your use of Afterpay will be subject to Afterpay’s separate terms and conditions, available at https://www.afterpay.com/en-NZ. Approval of your payment through Afterpay is solely at Afterpay’s discretion, and we are not responsible for their approval or decline of your transaction.

We will charge your debit or credit card when we dispatch your Order. If you pay through Afterpay, your payment obligations and schedule will be managed directly between you and Afterpay in accordance with their terms. Our obligation to deliver your Order remains conditional upon Afterpay confirming your payment.

IF THERE IS A PROBLEM WITH THE PRODUCTS

We supply Products that are in conformity with these Terms and applicable minimum statutory consumer guarantees. If you think there is something wrong with your Product, please contact us using the contact information at Part 1 of these Terms and include the relevant Order number and a description of what is wrong with your Product.

If you wish to exercise your legal rights with respect to a Product, please contact us and we will let you know what to do next, including making arrangements for returning the Product to us where applicable.

To the maximum extent permitted by law, we are not responsible for defects in the Products that arise from:

(a) fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party (other than in relation to defects in Products arising in transit);

(d) any alteration or repair by you or by a third party who is not one of our authorised repairers.

OUR RIGHTS TO END THE CONTRACT FOR YOUR ORDER

We may cancel the contract for your Order (or only part of it, if applicable) at any time by notifying you if:

(a) your payment does not go through at the point we try to charge you;

(b) you do not, within a reasonable time, allow us to deliver your Order to you;

(c) you are (or we reasonably suspect that you are) in breach of these Terms, in breach of any applicable law in relation to these Terms for your Order, or in breach of any other contract that may exist between you and us; and

(d) we are unable (or reasonably believe that we are unable) to supply the Products for reasons beyond our reasonable control or for legal or regulatory reasons.

If we cancel the contract in the situations set out in clause 12.1, we will refund any money you have paid in advance for Products we have not provided, but we may deduct or charge you reasonable compensation for net costs we will incur as a result of your breaking the contract (if applicable). Any refund due to you will be made using the same means of payment as you used for the initial transaction and will be made within 14 days after we cancel the contract.

Part 3 - General Terms

OUR RESPONSIBILITY TO LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us: To the maximum extent permitted by applicable law, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract, but we are not responsible for any loss or damage that is:

Not foreseeable. Loss or damage is foreseeable under the Contract 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.

Caused by a delaying event outside of our control (as long as we have taken the steps set out in clause 15).

Avoidable. This means you could have avoided the loss by taking reasonable action.

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:

(a) death or personal injury caused by our negligence or the negligence of New Balance employees or agents;

(b) fraud or fraudulent misrepresentation;

(d) any liability that cannot be limited or excluded under any applicable law.

We are not liable for business losses: As explained in clauses 4 and 7, you can only purchase the Products under these Terms if you are a consumer, and we can only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

YOUR PERSONAL INFORMATION

We will use your personal information as set out in our Privacy and Cookie Policy here: https://www.newbalance.co.nz/privacy-policy.html.

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, acts of government, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic or epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

To the maximum extent permitted by applicable law, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms (including our obligations under any Contract) that is caused by an Event Outside Our Control.

If our supply of a Product is delayed by an Event Outside Our Control, we will contact you as soon as reasonably possible to notify you and will do what we can to reduce the delay. However if the delay is likely to be substantial, you can contact us using the contact information in Part 1 of these Terms to end the Contract and receive a refund for any Products you have paid for, but not received.

MISCELLANEOUS

We may transfer our rights and obligations to someone else: We may transfer our rights and obligations under these Terms (including under any Contract) 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 need our consent to transfer your rights and obligations to someone else: You may only transfer your rights or your obligations under these Terms (including under any Contract) to another person if we agree to this in writing, such agreement not to be unreasonably withheld or delayed.

Nobody else has any rights under the Contract: The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

Entire agreement: These Terms constitute the entire agreement between you and us, and supersede all prior agreements or communications.

If a court finds part of these Terms illegal, the rest will continue in force: If any provision of these Terms is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms.

Even if we delay in enforcing these Terms, we can still enforce them later: If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the 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. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

Which laws apply to these Terms and where you may bring legal proceedings: These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the laws of New Zealand.

Part 4 - Membership Terms

The terms in this Part 4 (the “Membership Terms”) apply to and shall govern your participation in the New Balance membership scheme (the “Membership Scheme”) as a New Balance member (“Member”). By participating in the Membership Scheme, you agree to be bound by these Membership Terms (as well as the other sections of these Terms).

ELIGIBILITY

To be eligible to become a Member, you must be at least 18 years of age, you must be a legal resident in New Zealand, and you must not be an employee of New Balance. The Membership Scheme is for personal use only. We reserve the right to cancel your membership if we have reason to believe that you do not meet the eligibility criteria to become a Member.

BECOMING A MEMBER

If you meet the eligibility criteria set out above, you may sign up to become a Member by creating a Membership Scheme account by signing up in-store or by completing the registration form available here: https://www.newbalance.co.nz/on/demandware.store/Sites-NBNZ-Site/en_NZ/Login-Show. You are permitted to have a maximum of one account at any time.

You shall ensure that the information that you provide to us in relation to your membership is accurate and kept up to date. We will use your membership information for the purposes of administering your account and the Membership Scheme more generally, and as set out in our Privacy and Cookie Policy here: https://www.newbalance.co.nz/privacy-policy.html.

You shall hold and secure any username and password that provides you with access to your account as strictly confidential, and you shall not allow any other person access to or use of such username and password. You are responsible for any and all activity related to the use of your account including any transactions that occur in respect of such use, even if such activity was not authorized by you, and we shall have no liability to you in respect of such use. We recommend that you change your password from time to time to assist with security.

You shall immediately notify New Balance of any unauthorized use of your username and password by sending an email to nbweb.cservice@newbalance.com.

By becoming a Member, it is your responsibility to ensure that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eligible to become a Member as set out at clause 17 of these Membership Terms; and (d) your activity as a Member does not violate any applicable law or regulation.

BENEFITS

All Members will be eligible to receive the membership benefits as set out on our Membership Scheme webpage from time to time at https://www.newbalance.co.nz/membership/. We reserve the right to add, amend, limit or withdraw any benefits offered as part of the Membership Scheme at any time and for any reason. Please see clause 21 for more information.

You will be notified of any membership benefits that are available to you. Unless we tell you otherwise, benefits can be redeemed on the Site and in-store.

Please note that any purchase made on the Site using a membership benefit will be subject to the New Balance terms applicable to the supply of Products via the Site as set out at Part 2 of these Terms. Individual benefits may be subject to their own specific expiry dates and other terms and limitations, and it is your responsibility to ensure that you are aware of any such terms.

If you are entitled to receive a complimentary gift when purchasing a product either via the Site or in-store, and you wish to return the main ‘qualifying item’, the gift must also be returned to receive a refund. If a complimentary gift was issued because your original total transaction value reached a ‘qualifying threshold’ and, in returning an item(s) from that transaction, your total transaction value falls below the ‘qualifying threshold’, the gift must also be returned. Please note all returns and refunds of Products purchased via the Site will be subject to the terms as set out at Part 2 of these Terms.

Membership benefits are not transferable and cannot be exchanged or redeemed for cash.

CANCELLATION

You may cancel your membership at any time by closing your account. Please contact us if you need help by using the contact information in Part 1 of these Terms.

We may cancel your membership at any time for any reason in our sole discretion, including, without limitation, if (a) we determine that you (i) are not eligible to be a Member (see clause 17 for more information), (ii) violated any of these Membership Terms or any applicable law or regulation, or (iii) engaged in any deception, forgery or fraud or committed any other abuse of the Membership Scheme; (b) we are required to do so to comply with any applicable laws or regulations; or (c) we decide (in our discretion) to discontinue the Membership Scheme. In addition, we may revoke some or all of your benefits if we determine that you received such benefits due to an error or through fraud or deception.

If you or we cancel your membership, you will lose your available benefits. However, if we cancel your membership through no fault of yours, we will try to give you at least 30 days’ notice (where possible) so that you are able to use your available benefits before cancellation. If you cancel your membership and then decide later that you wish to re-join, your previously earned benefits will not be reinstated.

CHANGES TO MEMBERSHIP TERMS AND MEMBER SERVICE

We reserve the right to change or cancel any aspect of the Membership Scheme at any time. If we change any aspect of the Membership Scheme, including any of the benefits or these Membership Terms, we will give you notice by posting a notification on the Site or emailing you (at our discretion). Those changes will go into effect on the revision date shown in the revised terms. Sometimes we may also have to make more significant changes to the Membership Scheme. For the more significant changes that may have an adverse impact on you, we will try to provide you with at least 30 days’ notice before we make any such changes and you will have the option to cancel your membership before such changes come into force, but this may not always be possible. By continuing to participate in the Membership Scheme, you are agreeing to the revised Membership Terms.

Part 5 - Terms and Conditions of Website Use

ACCESS TO THE SITE

Access to and use of the Site is subject to these Terms. By accessing the Site, you agree to these Terms.

You are responsible for making all necessary arrangements to access the Site (and for any costs of doing so). In particular, you are responsible for ensuring that your computer and/or portable device is compatible with the Site.

You are responsible for ensuring that all persons accessing the Site through your internet connection are aware of these Terms.

We want you and others to enjoy using the Site. So when doing so, we ask that you observe the following rules:

(a) you are not permitted to use, or cause others to use, any automated system or software to extract or copy content or data from the Site for commercial purposes except where you or any applicable third party has entered into a written agreement with us that permits such activity;

(b) you agree not to use the Site for any illegal or unauthorized purpose, and you agree to comply with all laws and regulations applicable to your use of the Site, including copyright and other intellectual property laws;

(c) you must not attempt to restrict another user of the Site from using or enjoying the Site, and you must not encourage others to breach these Terms;

(d) you must not interfere with the Site or any servers or networks connected to the Site, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any page of the Site is rendered or displayed in a user’s browser or device;

(e) you must not change, modify or alter the Site or change, modify or alter another website so as to inaccurately imply an association with the Site or us; and

(f) you must not access the Site via a means we have not authorized in writing in advance, including automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies).

If you breach any of these Terms, or any of the other terms and policies referred to in these Terms, your ability to access and use the Site may be terminated by us immediately.

TRADEMARKS AND COPYRIGHTS

New Balance, the New Balance logo, the flying NB logo, N (design), newbalance.co.nz, the newbalance.co.nz logo, and all other New Balance and newbalance.co.nz trademarks and logos are registered and unregistered trademarks and service marks of New Balance (the “New Balance Trademarks”), and the trade dress of New Balance’s products are owned by New Balance. All other trademarks on the Site are the property of the respective trademark owners (the “Third Party Trademarks”, and collectively with the New Balance Trademarks, the “Trademarks”). Unauthorized use of these trademarks is prohibited by law. Nothing on the Site nor anything in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of New Balance specific for each such use. The Trademarks may not be used to disparage New Balance or the applicable third party, New Balance’s or third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without New Balance’s prior written consent. All goodwill generated from the use of any New Balance Trademark shall belong to New Balance. All copyright in the designs, Web pages and source code comprising the Site belongs to New Balance or its licensors. All rights reserved.

The following list is merely a representative sample of the Third Party Trademarks that may be in use at any given time on the Site. The use and specifics of these Third Party Marks can and will change without notice, and thus these Third Party Trademarks may not be currently in use on the Site: 3M® is a registered trademark of the 3M Company; Dri-Lex® is a registered trademark of Faytex Corporation; ETC® is a registered trademark of Sheehan Sales Associates; GORE-TEX® and XCR® are registered trademarks of W.L. Gore & Associates, Inc.; Lycra® and Tactel® are registered trademarks of Invista; Ortholite® is a registered trademark of O2 Partners LLC; Pebax® is a registered trademark of ARKEMA; Plastazote® is a registered trademark of Zotefoams, PLC; Poliyou® is a registered trademark of Kun Chang Enterprise Co., Ltd and Jones & Vining; Polartec® is a registered trademark of Malden Mills Industries Inc.; Scotchgard™ is a trademark of 3M Company; Vibram® is a registered trademark of Vibram S.P.A.; and X-Sole™ is a trademark of Hickory Brands, Inc.

Any use by you of the Site or its contents in a manner not expressly permitted by these Terms may mean that you are infringing our intellectual property rights and/or the rights of our licensors. We and our licensors reserve all rights and remedies available in respect of any such infringement.

RESTRICTIONS ON USE

All content and material on the Site, such as text, graphics, video, audiovisual works, logos, photographs, icons, images, audio clips and software, are the property of New Balance or its licensors and are protected by United States and international copyright and intellectual property laws. The compilation of all content and material on the Site is the exclusive property of New Balance or its licensors and protected by U.S. and international copyright and intellectual property laws, and may be protected under the Copyright Act 1994 (New Zealand) and other applicable New Zealand laws. Notwithstanding the foregoing, New Balance is not responsible for User Content (as defined below) posted, submitted or transmitted by Users of the Site. Content and material on the Site and any other website owned, operated, licensed, or controlled by New Balance may not be copied, except by a User solely for his or her personal use, and such content and material may not be distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of New Balance. Modification or use of the content or material for any other purpose would violate New Balance’s and/or its licensors’ intellectual property rights. The content and material on the Site is provided for lawful purposes only. In the event you download software from the Site, the software, including any files, images, video or other audiovisual works incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed non-exclusively to you by New Balance and/or its licensors. New Balance does not transfer title to the Software to you. Except to the extent permitted by applicable law, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Downloading or using the Software is at your sole risk.

Any other intellectual property embodied in the Site or New Balance products, including without limitation patents, issued or pending, or database rights are the sole property of New Balance and/or its licensors.

POLICY CONCERNING CLAIMS OF INFIRNGEMENT

It is the policy of New Balance to respond expeditiously upon receiving notice of claimed intellectual property infringement on the Site. New Balance will promptly process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement.

All notices as to matters of intellectual property infringement should be sent to our designated agent at the following address:

New Balance New Zealand Limited

c/o General Counsel

100 Guest Street

Boston, MA 02135 USA

Notices as to matters of intellectual property infringement should contain the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the intellectual property owner who is allegedly infringed.

(b) Identification of the work and the intellectual property right claimed to have been infringed.

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit New Balance to locate the material.

(d) The address, telephone number or email address of the complaining party.

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.

(f) A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

New Balance reserves the right to (i) remove any material which it believes may violate the intellectual property rights or other rights of any third party; and/or (ii) limit access to or from the Site for any user whom New Balance believes is violating any such rights of others.

SUBMISSIONS AND COMMUNICATIONS

You agree that you will not upload or transmit any remarks, suggestions, messages (including without limitation to other Site users) ideas, photographs, graphics, information, data, text, files, links, software, or other materials (“User Content”) that: (i) infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, or contain any malicious software, virus or code, (ii) are offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual, (iii) harass or advocate harassment of another person, (iv) exploit people in a sexual or violent manner, (v) contain nudity, violence, or offensive subject matter or contain a link to an adult website, (vi) solicit personal information from anyone under 18, (vii) provide any telephone numbers, street addresses, last names, URLs or email addresses, (viii) promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (ix) promote any illegal or unauthorized copy of another person’s copyrighted work, (x) involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming,” (xi) contain restricted or password only access pages or hidden pages or images, (xii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, (xiii) solicit passwords or personal information for commercial or unlawful purposes from other Users, (xiv) involve commercial activities and/or sales without New Balance’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes, (xv) imply that New Balance endorses any of your statements or positions, (xvi) impose an unreasonable burden on the Site’s server, or (xvii) include a photograph or personal information of another person that you have posted without that person’s consent. New Balance reserves the right to monitor and, at its sole discretion, without notice remove any User Content from the Site.

By submitting User Content to New Balance through the Site, you automatically represent and warrant that you have the right to grant, and do hereby grant, to New Balance the worldwide, paid-up, royalty-free, perpetual, irrevocable, sublicensable, assignable, non-exclusive right and license to (i) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such User Content (in whole or part) worldwide and/or to incorporate all or any portion of it in other works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such User Content; and (ii) use the User Content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the User Content and the right to practice. Under no circumstances will New Balance be required to treat any User Content as confidential (subject to our Privacy and Cookie Policy here: https://www.newbalance.co.nz/privacy-policy.html). New Balance will be entitled to use the User Content for any purpose whatsoever (consistent with our Privacy and Cookie Policy) without compensation to you or any other person. For the avoidance of doubt, you acknowledge that New Balance has wide access to ideas and other literary and artistic materials submitted to it from outside sources or being developed by its own employees, and New Balance will not be liable to you or any other person for any such ideas or materials for New Balance’s business (including, without limitation, product designs or ideas) which may be competitive with, or similar to, the User Content and will not incur any liability as a result of any similarities to the User Content that may appear in any future products or services of New Balance.

You acknowledge that you are responsible for whatever User Content you submit, and you, not New Balance, shall have full responsibility for the User Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights.

New Balance shall have the right to refuse to post, transmit, remove or edit all or any portion of any User Content.

LINKS

The Site may link to other websites which are not maintained by New Balance and which are owned and operated by third parties. You acknowledge that New Balance is not responsible for the operation of, or content located on or through, any third-party websites. The inclusion of a link to such websites does not imply endorsement by New Balance and/or the Site. Viewing of, or purchasing products from, any website linked to the Site is done at your own risk.

You may link to any page in the Site, provided that you do so for non-commercial purposes and in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. We reserve the right to withdraw linking permission at any time and without notice.

You must not link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not remove, obscure or modify in any way any advertisements, copyright notice, or other information on the Site. The Site must not be framed on any other website.

ACCURACY AND AVAILABILITY OF WEBSITE

We do our best to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be and you are responsible for putting in place your own internet security and safety measures.

The Site is provided free of charge and has not been developed to meet your specific requirements. We cannot promise that it will be fit or suitable for your specific purposes.

Materials posted on the Site are provided for general information purposes only and to inform you about us and our news, features, products and services. This information is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the information on the Site is at your own risk.

Access to the Site is permitted on a temporary basis and we reserve the right to suspend or terminate access to any part of it at any time without notice.

We update the Site regularly and reserve the right to add, remove or otherwise change the Site and/or its content at any time without notice.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you hereby agree to indemnify, defend and hold harmless New Balance and its subsidiaries, divisions and affiliates and each of their officers, directors, representatives, agents and employees (collectively, the “Indemnitees”) from and against direct damages and reasonable costs (including, without limitation, legal fees) incurred by the Indemnitees as a result of your use of the Site in breach of these Terms, including without limitation with respect to any third-party claim arising out of any User Content that you submit or breach of any of your obligations set forth herein. New Balance may, at its own expense and subject to your consent, assume the defense and control of any proceedings commenced with respect to a third-party claim that is subject to indemnification by you under this clause 29.1, and in which case you shall not in any event settle any matter without the written consent of New Balance. You shall cooperate as fully as reasonably required in the defense of any such third-party claim.

DISLCAIMER

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEW BALANCE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “NEW BALANCE PARTIES”) DO NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE IS PROVIDED “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE TO THE EXTENT PERMITTED BY APPLICABLE LAW.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE NEW BALANCE PARTIES EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE SITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE NEW BALANCE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SITE, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE NEW BALANCE PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU (AND NOT THE NEW BALANCE PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE NEW BALANCE PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE SITE OR ANY CONTENT ON THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE NEW BALANCE PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE SITE EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE NEW BALANCE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

NOTHING IN THESE TERMS WILL LIMIT OR EXCLUDE YOUR RIGHTS UNDER THE CONSUMER GUARANTEES ACT 1993 OR THE FAIR TRADING ACT 1986.

TERMINATION

Each party may terminate these Terms at any time. Termination of these Terms does not affect any rights accrued by either party prior to such termination. If you terminate these Terms, you must destroy: (i) all content and material downloaded from the Site; and (ii) all related documentation and all copies, printouts, and installations. New Balance may prevent your access to the Site or cancel your membership immediately without notice if, it is reasonably considered that you have breached or are likely to breach, these Terms.

COMPLIANCE WITH APPLICABLE LAWS

We make no claims concerning whether any content or materials on the Site (including User Content) may be downloaded, viewed, or be appropriate for use outside of New Zealand. To the maximum extent permitted by applicable law, access to the Site or User Content from outside New Zealand is at your own risk. Whether inside or outside of New Zealand, you are solely responsible for ensuring compliance with the laws of your specific jurisdictions.

important notice for amateur athletes

You are responsible for ensuring that your use of or participation in the activities of the Site does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. NEW BALANCE IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE SITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.

NO RESALE

You may use the Site only for your own non-commercial use to participate in the Site or to place an order or purchase Products. Any other use is prohibited unless agreed to by New Balance in writing.

ADDITIONAL TERMS

In order to participate in certain contests, promotions or other special programs made available through the Site, you may be required to agree to additional terms and conditions that apply to such contests, promotions and other special programs (collectively, the “Program Terms”). In such event, participation in the applicable contest, promotion and/or other special program will be subject to these Terms and the applicable Program Terms, provided however in the event of a conflict between the Program Terms and these Terms, the applicable Program Terms will prevail.

MOBILE SERVICES

The Site includes certain services that are available via a mobile device, including (i) the ability to upload content to the Site via a mobile device, (ii) the ability to browse the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.