Conditions of Use

Welcome to our website located at www.bally.sg (the 'Website'). These General Terms and Conditions of Use (these 'Terms') govern access to and use of the Website. Please read these Terms carefully. By accessing or using the Website or by purchasing any product on the Website, you agree to be bound by these Terms. If you do not agree to all or part of these Terms, you are not permitted to use our Website. This website is managed and maintained by Bally Australia Pty Ltd., with registered office in Sydney. Suite 1, Level 4, 99 Elizabeth Street, Sydney, NSW 2000, Australia.

These Ts&Cs hereby incorporate by reference our Terms and Conditions of Sale, Return Policy, Warranty Policy, and Privacy Policy. Bally may amend all or part of these Terms at any time. Any amendment of these Terms shall be posted for our users on the home page of the Website as soon as such amendments have been made and shall be binding as soon as you access the Website after they are amended. If you do not agree to all or part of these Terms, you are not permitted to use our Website.

The access to and use of the Website, including without limitation display of web pages, communication with Bally, downloading product information and making purchases on the Website, may be carried out by users of the Website exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. You will be liable for your use of the Website and its contents. Bally shall not be considered liable for any use of the Website or any of its contents made by its users that is not compliant with any laws and regulations, subject to Bally's liability for intentional torts and gross negligence.

In particular, you will be liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.

1. Privacy Policy

We recommend that you read the Privacy Policy, which applies in the event that users access the Website or use relevant services whether or not making purchases. The Privacy Policy will help you understand how and for what purposes the Website collects and uses your personal data.

2. Intellectual Property Rights

All content included on this Website, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, 'Content'), is the property of Bally and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Bally.

Bally shall have the exclusive right to authorize or prohibit in its sole discretion any reproduction, publication, distribution, display, modification, creation of derivative works from, or exploitation in any way, in whole or in part, of the Content. Bally shall have the right, at any time, to claim ownership of any Content posted on the Website and to object to any use, distortion or other modification of such Content.

Any reproduction, publication, distribution, display, modification, creation of derivative works from, or exploitation in any way of the Content expressly authorized in writing by Bally shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

3. Links to Other Websites

The Website may contain links to other websites, which are in no way connected to the Website or Bally. Bally does not control or monitor such third party websites or their contents. Bally shall not be held liable for the contents of such websites and/or for the rules adopted by them in respect of, but not limited to, your privacy and the processing of your personally identifiable information when you are visiting those websites. Please pay attention when you access these websites through the links provided on the Website and carefully read their terms and conditions of use and their privacy policies. These Terms and our Privacy Policy do not apply to the websites of third parties. When Bally provides links to other websites, Bally does not provide any guarantees to their content or to services and products supplied and sold by these websites to Internet users.

After you submit a Submission (as defined below) on Instagram or Twitter, you will have the chance to have your photographs, video, etc. appear on the dedicated area of the Website. Bally reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Website. You acknowledge and agree that Bally has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of information voluntarily made public through any part of the Website.

Any ideas, content of any kind (including, without limitation, text, software, photographs, videos, audio visual recordings, graphics, music, and sound), or other information you provide to us by using the #BallySelfeet hashtag in a post on Instagram tagging @Bally_Swiss or using the #ShoeTip in a Tweet on Twitter, tagging @Bally_Swiss (collectively, 'Submissions') will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission, as well as your name, Instagram, Twitter, profile picture, image, likeness, comments, posts, statements or other information, in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to use such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of 'spam.' You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us, Instagram, Twitter Inc., and any of our or their respective parents, affiliates, licensees, licensors, and each of their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms or applicable laws. You acknowledge that Bally is not responsible for, and has no liability for, any use of all or any part of a Submission by any third party.

When you make a Submission using the #BallySelfeet in a post on Instagram or the #ShoeTip in a Tweet on Twitter, you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by Bally without restriction. You represent and warrant that your provision of Submissions complies with all applicable laws, rules and regulations, Instagram's Terms of Use, Twitter's Terms of Service and any third party agreements to which you are subject. You further irrevocably waive any 'moral rights' or other rights with respect to attribution of authorship or integrity of materials regarding any Submission.

4. Links to the Website and Affiliate Partners

Please contact Bally at ecommerce@bally.ch if you are interested in linking the home page of the Website to other web pages which can be publicly accessible or if you wish to join our Affiliate Program.

5. Disclaimers on Content

Bally has adopted measures to address accuracy of the content on the Website. However, Bally is not liable for the accuracy and completeness of the content, except for its liability for gross negligence and as otherwise provided for by the law.

Moreover, Bally cannot guarantee that the Website will operate continuously or without any interruption or error.

Bally reserves the right to refuse content we consider to be abusive or sensitive from all forms submitted via the Bally.com and regional websites.