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Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE


NERGIE ATHLETIC ZONE (NAZ)

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The information contained in this website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever.

Every effort is made to keep the website up and running smoothly. However, Nergie Athletic Zone, hereinafter ‘NAZ’ takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

COPYRIGHT NOTICE

This website and its contents are the copyright of Nergis Atheltic Zone– © 2018. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.

TERMS

This is a legally binding agreement between you and NAZ establishing the terms and conditions under which the Site may be used. By accessing the Site you agree to be bound by the following terms and conditions (the "Terms").‍

All our products and services are subject to the terms and conditions and disclaimers of the applicable agreement governing their use.‍

These Terms are to be read by you together with any terms, conditions and disclaimers governing our products and services and those provided in the pages of the Site. In the event of conflict, the terms, conditions and disclaimers governing our products and services / those provided in the pages of the Site shall prevail over these Terms.‍

NAZ reserves the right in its’ sole discretion to change, without notice, the information, material and content provided in the pages of the Site and these Terms. Changes may be made to the Terms at any time by updating this posting. You agree to review the Terms regularly and your continued access to or use of the Site will mean that you agree to any such changes.‍

INTELLECTUAL PROPERTY RIGHTS

Copyright in all the contents of the Site, including but not limited to, the text, graphics, links and sounds included in the Site is owned by or licensed to NAZ unless otherwise noted. You may print, copy, download or temporarily store extracts from our Site for your personal information or when you use our products and services. You must not alter anything. Any other use is prohibited unless you first get our written permission. In particular you may not use a part of our Site on any other website, or link any other website to our Site, without our prior written permission.

DISCLAIMER

By accessing or using our website, a Mobile App, or any NAZ social media channel including but not limited to Facebook, Instagram, or Twitter (collectively the “Platform”) from any computer, mobile phone or other device, you are confirming that you understand and agree to be bound by the NAZ’s Terms of Use (the “Terms”). If you do not agree to the Terms, please do not use the Platform.  The Terms may be changed at any time without notice and any such changes shall be effective upon their posting to the Platform.   Your continued use of the Platform after any changes in these Terms shall constitute your consent to such changes.

INTELLECTUAL PROPERTY

All content included on the Platform (collectively, “Content”) is owned or licensed property of NAZ., its affiliates or subsidiaries (collectively, “NAZ”) or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights.  All Content except for User Created Content is a collective work under the Jamaica and other copyright laws and is the owned or licensed property of NAZ.  All rights are reserved. 

LICENSE AND ACCESS

NAZ grants you a limited license to access and make personal use of the Platform to place an order or purchase products for non-commercial use only, and only to the extent that such use does not violate applicable law or these Terms, including but not limited to the Prohibited Uses section below.  Nothing in these Terms shall be interpreted as granting any other license or any intellectual property rights to you. 

PROHIBITED USES

You may use the Platform only for lawful purposes that are permitted by these Terms.  As a condition of your use of the Platform, you warrant to NAZ that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms.  The following uses of the Platform are prohibited, and you agree not to do any of the following:

  • §  Display, post, sell, transmit, distribute, reproduce, republish, modify, copy, translate or sell any Intellectual Property or Content appearing on the Platform, including User Created Content, without NAZ’s prior written consent, unless it is your own User Created Content that you legally post on the Platform;

 

  • §  Use any robots, data mining or similar data gathering or extraction methods;

 

  • §  Download, copy or transmit any Content for the benefit of any other merchant;

 

  • §  Conduct fraudulent activities on the Platform;

 

  • §  Violate or attempt to violate the security of the Platform;

 

  • §  Use the Platform to violate others’ privacy rights, including collecting personally identifiable information regarding other users of the Platform, rights of publicity or other rights, or to harass, threaten, defame or abuse any other person;

 

  • §  Reproduce, sell, or otherwise exploit for any commercial purposes any portion of the Platform or access to the Platform, including collecting or using any descriptions, product listings, images, or prices; or

 

  • §   Use any meta tags or other hidden text utilizing Hibbett’s name or marks.

 

PRODUCT DESCRIPTIONS

NAZ attempts to be as accurate as possible, but Hibbett does not warrant that product descriptions are accurate, complete, current, reliable or error-free.  If a product offered for purchase by NAZ is not as described, your sole remedy shall be to return or exchange the product consistent with the NAZ Return Policy.  All descriptions, specifications, images, references and prices of products on NAZ.com or a NAZ Mobile App are subject to change at any time without notice.  Inclusion of a product on NAZ.com or a NAZ Mobile App is not a guarantee that the product will be available.  Certain weights, measurements, sizes and other descriptions are approximate and provided for purposes of convenience only. 

PRODUCT ORDERS

If you choose to order a product on NAZ.com or a NAZ Mobile App you may be required to supply certain information necessary for NAZ to process your order, including your credit card number, the expiration date of your credit card, your billing address, your shipping information, and any other information without limitation.  By supplying such information you grant NAZ the right to provide such information to third parties for purposes of processing an order initiated by you or on your behalf.  You represent and warrant that you have the legal right to use any credit card or other method of payment used in connection with any transaction.

Any order placed on the Platform is subject to NAZ’s acceptance.  NAZ will not be deemed to have accepted any offer by you to purchase a product until both of the following have occurred: (i) we or a third party acting on our behalf have shipped the Product in your order and we have sent a shipment confirmation email to the email address associated with your order, and (ii) we have charged the credit card or other method of payment designated by you.  Title to the product transfers to you upon shipment to you.

Prices do not include shipping and handling, expedited service or sales tax, if applicable, which will be added to your total price during checkout.  NAZ may offer free shipping and handling for orders in excess of specified dollar amounts.  Any such offer, if available at any given time, shall be indicated on naz.com or a NAZ Mobile App at its’ sole discretion.

NAZ prides itself on providing a Premium Customer Experience and Premium Products. We strive to maintain inventory and pricing accuracy but fluctuations may occur in-store and online without notice.

We reserve the right to cancel any order for which a pricing error has occurred. If your order is cancelled you will be notified and not charged.

NAZ may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and will have no liability to you or any third party.  If your credit card has already been charged for an order that is later cancelled NAZ will issue you a refund. 

NAZ reserves the right to do any of the following with or without notice:

  • §  Discontinue or limit the available quantity of any product;
  • §  Impose conditions on the redemption of any coupon or other promotion;
  • §  Prohibit sales of product to a reseller (a person or entity that purchases products with the intention of selling them, rather than using them);
  • §  Refuse to provide a user with any product, for any reason or no reason.

 

NO WARRANTIES

The following clauses exclude or limit our legal liability for the Site. You should read them carefully. They all apply only as far as the law permits.‍

Whilst we endeavour to ensure that the information on the Site is correct, we do not warrant its completeness, availability, correctness or accuracy; information is provided on an “as is”, “as available” basis and we do not give or make any warranty or representation of any kind, whether express, implied or statutory. The use of the Site is at your sole risk. We do not represent or warrant that the Site remains available and will meet your requirements, will be fit for purpose, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that the information on the Site is up-to-date, or non-misleading, complete, true or accurate. NAZ accepts no liability for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from your use of the Site, howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, fault, mistake or inaccuracy with the Site, the contents or associated services or due to any unavailability of the Site or any part thereof or any contents or associated services to the maximum extent permitted by law.‍

We do not represent or warrant that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. NAZ accepts no liability for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) as a result of any computer viruses, Trojan horses, worms, software bombs or similar items or processes arising from your use of the Site to the maximum extent permitted by law.‍

We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Site. We do not guarantee that any emails from the Site will be sent to you or received by NAZ nor does NAZ warrant the privacy and/or security of emails during Internet transmission.

RETURNS

If you are not fully satisfied with your purchase you may return it in accordance with the NAZ Return Policy, which is incorporated into these Terms of Use in its entirety. 

GOVERNING LAW AND JURISDICTION

These Terms are governed by and interpreted in accordance with the laws of Jamaica and the courts of the above jurisdiction will have non-exclusive jurisdiction in respect of any dispute, which may arise.

PRIVACY

NAZ Privacy Policy is incorporated into these Terms of Use in its entirety.