STORE POLICY
JUSTBOUNCE TERMS OF USE
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY JUSTBOUNCE PLATFORM.
If you live in any of the following countries, additional terms may apply to you and are viewable at the bottom of these Terms. We display the country within the Terms when applicable. These additional terms override the Terms below to the extent of any inconsistency.
Argentina, Australia, Brazil, Canada, Colombia, all European countries (including specific terms for Austria, Belgium, France, Germany, Hungary, Italy, Poland and Switzerland)
Welcome to the JUSTBOUNCE community!
You are reading these Terms because you are using a JUSTBOUNCE website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of JUSTBOUNCE’s Platform (“Platform”).
You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier's normal rates and fees apply to your Device.
These Terms create a legally binding agreement between you and JUSTBOUNCE and its affiliates (which we may refer to as “JUSTBOUNCE,” “we,” “us,” or “our”) regarding your use of the Platform.
A few important points:
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Our Terms May Change. Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you. We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Platform. If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.
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Terms of Sale. By making any purchase with us, you also agree to the Terms of Sale that apply in your country or region.
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Privacy Policy. Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.
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Important Notice for Amateur Athletes. You are responsible for ensuring that your participation on the Platform does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. JUSTBOUNCE is not responsible or liable for your use of the Platform resulting in your ineligibility as an amateur athlete.
1. GROUND RULES
Eligibility. You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries.
Rules for Registration. When you register for an account with us, the following rules apply:
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Be True: Provide accurate and current registration information.
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Be You: Keep your registration personal. Do not register for more than one JUSTBOUNCE account, register a JUSTBOUNCE account on behalf of someone else, or transfer your account.
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Be Secure: Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
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Be Responsible: Inform JUSTBOUNCE immediately of any unauthorized use of your JUSTBOUNCE account. You are responsible for anything that happens through your JUSTBOUNCE account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, JUSTBOUNCE IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.
2. OWNERSHIP OF CONTENT
Except for User Content (defined below), all of the content on our Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by JUSTBOUNCE or others we license Content from, and is protected by copyright, trademark, patent and other laws. JUSTBOUNCE reserves all rights not expressly described in these Terms.
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All trademarks, service marks and trade names are owned, registered and/or licensed by JUSTBOUNCE. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
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You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
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To the extent JUSTBOUNCE approves the download or use of Content comprised of copyrights or copyrightable works, JUSTBOUNCE grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as JUSTBOUNCE makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. JUSTBOUNCE reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. JUSTBOUNCE reserves the right to take down any Content in violation of these terms or JUSTBOUNCE’s intellectual property rights. JUSTBOUNCE allowing you this limited use does not constitute a waiver of any of JUSTBOUNCE’s rights to the Content.
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Outside of the specific usage rights granted to you by JUSTBOUNCE in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without JUSTBOUNCE’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
3. POSTING CONTENT ON THE PLATFORM
User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.” JUSTBOUNCE is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to JUSTBOUNCE as described below:
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You represent that you have the right to post your User Content, and you grant JUSTBOUNCE a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. JUSTBOUNCE may, in its sole discretion, remove any User Content at any time.
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You understand that deleted User Content may persist in JUSTBOUNCE’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.
LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to JUSTBOUNCE a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
4. USER CODE OF CONDUCT
We’re excited to have you contribute to the JUSTBOUNCE community. Here are a few basic rules:
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Be Original. Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content.
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Be Safe.
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Do not do anything that may expose JUSTBOUNCE or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.
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Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
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Do not use any data mining, robots, scraping or similar data gathering methods.
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Unless we indicate otherwise, our Platform is a public place. Do not post personal information to the Platform - yours or anybody else’s.
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Be Personal.
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Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
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Do not collect or solicit personal information from other Platform users or send unsolicited messages.
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Do not use automated technology to interact with the Platform.
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Be Appropriate. Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. JUSTBOUNCE has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
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Be Yourself. Do not impersonate any person or organization, including athletes or JUSTBOUNCE employees.
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HAVE FUN!
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5. COPYRIGHT INFRINGEMENT
Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. JUSTBOUNCE may terminate the accounts of Platform users found to infringe third party copyrights.
If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:
(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where on the Platform the content that you claim is infringing is located;
(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Send copyright infringement complaints to:
Justbounce S.R.L.
Via G.P. Clerici 100 / A
21040, Gerenzano (VA)
Italy
6. PARTNERS ON THE PLATFORM
From time to time, JUSTBOUNCE may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). You may be able to connect with these Third Parties through the Platform, but this does not mean JUSTBOUNCE endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any Third Party’s sites and terms of use and privacy policy. JUSTBOUNCE is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.
7. IMPORTANT DISCLAIMERS PHYSICAL ACTIVITY. [See Canada, Germany and Italy terms, because the following exclusions and limitations may not apply to you.] The Platform may include 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.
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Consider the risks involved and consult with your medical professional before engaging in any physical activity.
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Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Platform.
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TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, JUSTBOUNCE IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE PLATFORM.
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USER INTERACTIONS. To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions. [See Italy terms.]
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Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be. JUSTBOUNCE is under no obligation to become involved with any user dispute, but may do so at its own discretion.
WARRANTY DISCLAIMER. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you.
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The Platform, Content, and the materials and products on this Platform are provided "AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, JUSTBOUNCE IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
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JUSTBOUNCE does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.
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To the fullest extent permitted by law, JUSTBOUNCE disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
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You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
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We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.
8. TERMINATION
JUSTBOUNCE may terminate or modify any JUSTBOUNCE Platform, member program, product or service at any time without notice.
JUSTBOUNCE may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to JUSTBOUNCE, subject to applicable law.
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You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
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These Terms remain in effect even after your account is terminated or you have stopped using the Platform.
9. INDEMNIFICATION / LIMITATION OF LIABILITY
We want you to enjoy our Platform, but JUSTBOUNCE must also protect itself from any damages you may cause.
Indemnification and RELEASE. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you.
You agree to indemnify, defend, and hold harmless JUSTBOUNCE, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “JUSTBOUNCE Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the JUSTBOUNCE Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.
LIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you.
NONE OF THE JUSTBOUNCE PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A JUSTBOUNCE EVENT OR JUSTBOUNCE PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF JUSTBOUNCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST JUSTBOUNCE IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF JUSTBOUNCE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, JUSTBOUNCE'S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.
10. APP MARKETPLACES: You acknowledge that this agreement is between you and JUSTBOUNCE only, and not with the app marketplace where you downloaded a JUSTBOUNCE app (e.g. for iOS users, the App Store operated by Apple Inc. or for Android users, the Google Play store operated by Google Inc.).
11. DISPUTES / ADDITIONAL TERMS
Choice of Law/Jurisdiction
If you live in any of the following countries, different “Choice of Law/Jurisdiction” terms may apply to you.
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You agree that this Platform is a passive platform solely based in Gerenzano, ITALY, which does not give rise to personal jurisdiction over JUSTBOUNCE in jurisdictions other than Italy.
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You agree that the Platform, Terms, Privacy Policy and any dispute between you and JUSTBOUNCE shall be governed in all respects by Italy law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
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Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of JUSTBOUNCE products) shall be resolved individually, without resort to any form of class action, and exclusively in Italy.
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You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in Italy.
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All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
Electronic Communications
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By using the Platform, you agree to receive certain electronic communications from JUSTBOUNCE, subject to applicable law.
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You agree that any notice, agreement, disclosure or other communication that JUSTBOUNCE sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Right to Assign, No Waivers, Severability
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JUSTBOUNCE may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.
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JUSTBOUNCE’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or JUSTBOUNCE’s rights. Users should always assume these Terms apply.
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If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.
Thanks for reading. Please enjoy our community!
COUNTRY SPECIFIC TERMS
If you live in one of the following countries these additional terms apply and override any inconsistent terms in the Terms of Use.
ARGENTINA
Section 3 (POSTING CONTENT ON THE PLATFORM): the first bullet point paragraph under sub-section “USER CONTENT LICENSE” is deleted and replaced with the following:
“You grant JUSTBOUNCE a non-exclusive, transferable, royalty-free, worldwide license to display the User Content that you post on or in connection with the Platform and to share it with other Users, including the right to translate, display, reproduce, modify, create derivative works of, sublicense and distribute the User Content.
For example, we need these rights so we can copy your User Content into our databases, display it in the correct format across our mobile applications, and send your User Content to vendors who perform services on JUSTBOUNCE’s behalf.”
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AUSTRALIA
Section 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:
The sub-section titled “WARRANTY DISCALIMER” is modified by adding the following:
“However, the Platform, Content, and the materials and products on this Platform come with certain guarantees that cannot be excluded for the benefit of Australian customers under Australian consumer law (“ACL”), including guarantees as to the acceptable quality and fitness of purpose of products. Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by the ACL and which by law cannot be excluded, restricted or modified, even if any other term of these Terms would otherwise suggest that this might be the case.”
AUSTRIA
Section 11 (DISPUTES/ADDITIONAL TERMS): this section is replaced with the version for European Countries below, except the following is added at the end:
“All claims shall be brought within three (3) years after the claim arises.”
BELGIUM
Section 3 (POSTING CONTENT ON THE PLATFORM): this section is modified as follows:
The first bullet point paragraph under the sub-section titled “USER CONTENT LICENSE” is deleted in its entirety and replaced with the following:
“You grant JUSTBOUNCE a non-exclusive, perpetual (or at least for the duration of the legal protection of the intellectual property rights/image rights which may lie in the User Content), transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial, promotional and operational use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.”
The sub-section titled “LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS” is deleted in its entirety and replaced with the following:
“LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. You grant to JUSTBOUNCE a perpetual (or at least for the duration of the legal protection of the intellectual property rights/image rights which may lie in the comments, feedback and ideas), worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.”
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CANADA
Introductory Paragraph:
The section titled “Our Terms May Change” is qualified by the following:
“(a) JUSTBOUNCE must send to you, at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause and the date of the coming into force of the amendment; and
(b) you may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending JUSTBOUNCE a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in JUSTBOUNCE’s obligations.”
MULTIPLE SECTIONS: The terms set forth in the sections titled “Physical Activity”, “Warranty Disclaimer”, “Indemnification/Limitation of Liability”, and “Limitation of Liability” are qualified by the following:
“Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Disclaimer, Indemnification/Limitation of Liability, and Limitation of Liability.”
SECTION 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:
The sub-section titled “CHOICE OF LAW/JURISDICTION” is modified by adding the following at the beginning of the section:
“Consumer protection laws in some jurisdictions, such as Quebec, might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may not allow you to waive your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, the following limitations may not be applicable."
COLOMBIA
Section 3 (POSTING CONTENT ON THE PLATFORM): the sub-section titled “USER CONTENT LICENSE” is modified as follows:
The first bullet point paragraph under USER CONTENT LICENSE is deleted and replaced with the following:
“You grant JUSTBOUNCE a non-exclusive, indefinite, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.”
Section 3 (POSTING CONTENT ON THE PLATFORM): the sub-section titled “LICENSE TO USE COMMENTS, FEEDACK AND IDEAS”is deleted in its entirety and replaced with the following:
“AUTHORIZATION TO USE COMMENTS, FEEDBACK AND IDEAS. You grant to JUSTBOUNCE an indefinite, worldwide authorization to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.”
EUROPEAN COUNTRIES
The following revisions apply to all European countries, except Austria, France, Germany, Italy, Poland and Switzerland, which have other specific revisions to these terms applicable to European Countries.
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FRANCE
Section 5 (COPYRIGHT INFRINGEMENT): the second paragraph in this section is deleted in its entirety and replaced with the following:
“If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:
(1) date of the notification;
(2) if the claimant is a natural person: name, surname, profession, address, nationality, place and date of birth;
(3) if the claimant is a legal person: name, form, registered office and the entity representing it for legal purposes;
(4) name and address of the recipient, or if a legal person, its name and registered office;
(5) a description of the facts at issue and the precise location;
(6) the grounds on which the content should be withdrawn, including relevant legal provisions and justification of facts; and
(7) a copy of the correspondence sent to the author or editor of the litigious information or activity requesting their interruption, withdrawal or modification or an explanation that the author or editor could not be contact.”
Section 9 (INDEMNIFICATION/LIABILITY): this section is modified as follows:
The sub-section titled “Indemnification and Release” is deleted in its entirety and replaced with the following:
“Indemnification. You agree to indemnify, defend, and hold harmless JUSTBOUNCE, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “JUSTBOUNCE Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.”
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GERMANY
Section 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:
The third bullet point in the summary box is deleted in its entirety and replaced with the following:
“JUSTBOUNCE is not responsible for any damage (except liability for JUSTBOUNCE’s willful and gross negligent acts and JUSTBOUNCE’s personal injuries) caused by your interactions with other users. Please be responsible and take precautions when interacting with people you don’t know.”
The last bullet point paragraph under the sub-section titled “PHYSICAL ACTIVITY” is deleted in its entirety and replaced with the following:
“To the maximum extent allowed by applicable law, JUSTBOUNCE is not responsible or liable for any damages (except liability for JUSTBOUNCE’s willful and gross negligent acts and JUSTBOUNCE’s personal injuries) you may sustain that result from your use of, or inability to use, the Platform.”
The sub- section titled “WARRANTY DISCLAIMER”, including all of the bullet points therein, is deleted in its entirety.
Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY): this section is modified as follows:
The sub-section titled “INDEMNIFICATION AND RELEASE” is deleted in its entirety.
The sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety and replaced with the following:
“LIMITATION OF LIABILITY. Any liability of JUSTBOUNCE and its affiliates, and their officers, directors, shareholders, employees and agents (the “Released Parties”) is limited to cases of intent or gross negligence. In cases of slight negligence the Released Parties are only liable if an essential contractual duty, whose violation endangers the purpose of the contract or whose performance is required to achieve this purpose and in whose performance the consumer trusts (so called “cardinal duties”) has been violated. In this case, the liability is limited to damages that are typical and foreseeable. This limitation of liability does not apply to claims under product liability law and in the case of bodily harm or death.”
Section 11 (DISPUTES/ADDITIONAL TERMS): this section is replaced with the version for European Countries above, except the following is added at the end:
“All claims shall be brought within two (2) years after the claim arises.”
ITALY
Section 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:
The last bullet point paragraph under the sub-section titled “PHYSICAL ACTIVITY” is deleted in its entirety and replaced with the following:
“To the maximum extent allowed by applicable law, JUSTBOUNCE is not responsible or liable for any damages you may sustain that result from your use of, or inability to use, the features on the Platform, except in the event of fraud or gross negligence by JUSTBOUNCE.”
The sub-section titled “USER INTERACTIONS” is deleted in its entirety and replaced with the following:
“USER INTERACTIONS. We are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions, except in the event of fraud or gross negligence by JUSTBOUNCE.
Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be. JUSTBOUNCE is under no obligation to become involved with any user dispute (but may do so at its own discretion) except in the event of fraud or gross negligence by JUSTBOUNCE.”
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SWITZERLAND
Section 11 (DISPUTES/ADDITIONAL TERMS): the sub- section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):
“CHOICE OF LAW/JURISDICTION
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You agree that the Platform, Terms, and any dispute between you and JUSTBOUNCE shall be governed in all respects by the substantive laws of Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
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You agree that all disputes arising directly or indirectly out of or in connection with the Platform and these Terms of Use, shall be subject to the exclusive jurisdiction of the competent courts of the city of Zurich, Switzerland.”
JUSTBOUNCE PRIVACY POLICY AND COOKIE POLICY
This privacy policy describes the personal data collected or generated (processed) when you use JUSTBOUNCE’s websites (“Sites”) and mobile applications (“Apps”). It also explains how your personal data is used, shared and protected, what choices you have relating to your personal data and how you can contact us.
WHO is Responsible for the Processing of Your Personal Data?
The JUSTBOUNCE entity responsible for the processing of your personal data will depend on how you interact with JUSTBOUNCE’s Sites and Appsand where you are located in the world. The relevant JUSTBOUNCE entity are referred to as “JUSTBOUNCE”, “our”, “we” or “us” in this privacy policy.
WHAT Personal Data Do We Collect and WHEN?
We ask you for certain personal data to provide you with the products or services you request. For example, when you make purchases, contact our consumer services, request to receive communications, create an account, participate in our events or contests, or use our Sites or Apps.
This personal data includes your:
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contact details including name, email, telephone number and shipping, billing address;
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login and account information, including screen name, password and unique user ID;
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personal details including gender, hometown, date of birth and purchase history;
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payment or credit card information;
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images, photos and videos;
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data on physical characteristics, including weight, height, and body measurements (such as estimated stride and shoe/foot measurements or apparel size);
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personal preferences including your wish list as well as marketing and cookie preferences.
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When interacting with our Sites and Apps, certain data is automatically collected from your device or web browser. More information about these practices is included in the “Cookies and Pixel Tags” section of this privacy policy below. This data includes:
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Device IDs, call state, network access, storage information and battery information; and
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Cookies, IP addresses, referrer headers, data identifying your web browser and version, and web beacons and tags.
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KIDS
We comply with local laws and do not allow children to register on our Sites or Apps when they are under the legal age limit of the country in which they reside. We will ask for parental consent for children participating in JUSTBOUNCE experiences and events.
TOOLS to Manage What Personal Data We Collect
When using our Apps and Sites, we also provide in-time notice or obtain consent for certain practices. , For example, we will obtain consent to use your location or send push notifications. We may obtain this consent through the Apps or Sites or using the standard permissions available on your device.
In many cases, your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of personal data. For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your devices.
WHY and HOW Do We Use Your Personal Data?
We use your personal data in the following ways:
To Provide the Features of the Sites, Apps, and Services You Request
When you use our Sites and Apps, we will use your personal data to provide the requested product or service. For example, if you make a purchase on justbouncestore.com or participate in an event or promotion, we will use the contact information you give us to communicate with you about the purchase, event or promotion. If you contact our consumer services, we will use information about you, such as delivery or payment information, or the product you have purchased to help you resolve a problem or question.
In many cases, to use particular features within our Sites and Apps you may need to provide JUSTBOUNCE with additional data or additional consent to use particular data in a certain way.
To Communicate Information about our Products, Services, Events and for Other Promotional Purposes
When you consent, we will send you marketing communications and news concerning JUSTBOUNCE’s products, services, events and other promotions. You can opt-out at any time after you have given your consent.
If you are an existing customer of JUSTBOUNCE (for example, if you have placed an order with us), we may use the contact details you provided to send you marketing communications about similar JUSTBOUNCE products or services where permitted by applicable law (unless you have opted-out). In other cases, we ask for your consent to send you marketing information. We may use the information that you provide to us as well as information from other JUSTBOUNCE products or services - such as your use of JUSTBOUNCE’s Sites and Apps, your visits to or purchases made in JUSTBOUNCE stores, your participation in JUSTBOUNCE events and contests - to personalize communications on products and services that may be interesting for you.
To Operate, Improve and Maintain our Business, Products and Services
We use the personal data you provide to us to operate our business. For example, when you make a purchase, we use that information for accounting, audits and other internal functions. We may use personal data about how you use our products and services to enhance your user experience and to help us diagnose technical and service problems and administer our Sites and Apps.
To Protect Our or Others' Rights, Property or Safety
We may also use your personal data about how you use our Sites and Apps to prevent or detect fraud, abuse, illegal use, violations of our Terms of Use, and to comply with court orders, governmental requests or applicable law.
For General Research and Analysis Purposes
We use data about how our visitors use our Sites, Apps and services to understand customer behavior or preferences. For example, we may use information about how visitors to justbouncestore.com search for and find products to better understand the best ways to organize and present product offerings in our storefront.
Other Purposes
We may also use your personal data in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.
Legal Grounds
To process your personal data, we rely on certain legal grounds, depending on how you interact with our Sites and Apps.
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When you purchase JUSTBOUNCE products from our Sites and Apps, we need your personal data to fulfill our contract with you. For example, we need your payment and contact details to deliver your order.
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When you use our Apps, we rely on your consent for processing and for certain limited purposes to fulfill our contract with you (for example, for in-App purchases).
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We also rely on other legal grounds, such as our legitimate interests as a business, to comply with a legal obligation, or to protect your vital interests.
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SHARING of Your Personal Data
JUSTBOUNCE’s Sharing
JUSTBOUNCE shares your personal data with:
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JUSTBOUNCE entities for the purposes and under the conditions outlined above.
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Third party service providers processing personal data on JUSTBOUNCE’s behalf, for example to process credit cards and payments, shipping and deliveries, host, manage and service our data, distribute emails, research and analysis, manage brand and product promotions as well as administering certain services and features. When using third party service providers we enter into agreements that require them to implement appropriate technical and organizational measures to protect your personal data.
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Other third parties to the extent necessary to: (i) comply with a government request, a court order or applicable law; (ii) prevent illegal uses of our Sites and Apps or violations of our Sites’ and the Apps’ Terms of Use and our policies; (iii) defend ourselves against third party claims; and (iv) assist in fraud prevention or investigation (e.g., counterfeiting).
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to any other third party where you have provided your consent.
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We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation).
Your Sharing
When you use certain social features on our Sites or Apps, you can create a public profile that may include information such as your screen name, profile picture and hometown. You can also share content with your friends or the public, including information about your JUSTBOUNCE activity. We encourage you to use the tools we provide for managing JUSTBOUNCE’s social sharing to control what information you make available through JUSTBOUNCE’s social features.
PROTECTION and MANAGEMENT of Your Personal Data
Encryption & Security
We use a variety of technical and organizational security measures, including encryption and authentication tools, to maintain the safety of your personal data.
International Transfers of your Personal Data
The personal data we collect (or process) in the context of our Sites and Apps will be stored in Italy and other countries. Some of the data recipients with whom JUSTBOUNCE shares your personal data may be located in countries other than the country in which your personal data originally was collected. The laws in those countries may not provide the same level of data protection compared to the country in which you initially provided your data. Nevertheless, when we transfer your personal data to recipients in other countries, including Italy, we will protect that personal data as described in this privacy policy and in compliance with applicable law.
Retention of your Personal Data
Your personal information will be retained for as long as is necessary to carry out the purposes set out in this privacy policy (unless a longer retention period is required by applicable law). In general, this means that we will keep your personal data for as long as you keep your JUSTBOUNCE account. For personal data related to product purchases, we retain this longer to comply with legal obligations (such as tax and sales laws and for warranty purposes).
YOUR RIGHTS Relating to Your Personal Data
You have the right to request: (i) access to your personal data; (ii) an electronic copy of your personal data (portability); (iii) correction of your personal data if it is incomplete or inaccurate; or (iv) deletion or restriction of your personal data in certain circumstances provided by applicable law. These rights are not absolute. Where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time.
If you like would to request a copy of your personal data or exercise any of your other rights, please write us an email to info@justbouncestore.com.
Opting Out of Direct Marketing
If you have a JUSTBOUNCE account, you can opt-out of receiving JUSTBOUNCE’s marketing communications by modifying your preferences in the "view or change my profile" section of our Sites. You can also opt-out by modifying your email or SMS subscriptions by clicking on the unsubscribe link or following the opt-out instructions included in the message. Alternatively, you can contact us using the contact details in the “Question and Feedback” section below.
COOKIES and Pixel Tags
JUSTBOUNCE collects information, which may include personal data, from your browser when you use our Sites. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (i) IP-address; (ii) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type and language, (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about your interaction with our Sites such as click behavior, purchases and indicated preferences; and (ix) access times and referring URLs.
Third parties may also collect information via Sites through cookies, third party plug-ins and widgets. These third parties collect data directly from your web browser and the processing of this data is subject to their own privacy policies.
We use cookies and pixel tags to track our customers’ usage of the Sites and to understand our customers’ preferences (such as country and language choices). This enables us to provide services to our customers and improve their online experience. We also use cookies and pixel tags to obtain aggregate data about site traffic and site interaction, to identify trends and obtain statistics so that we can improve our Sites. There are generally three categories of cookies used on our Sites:
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Functional: These cookies are required for basic site functionality and are therefore always enabled. These include cookies that allow you to be remembered as you explore our Sites within a single session or, if you request, from session to session. They help make the shopping cart and checkout process possible as well as assist in security issues and conforming to regulations.
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Performance: These cookies allow us to improve our Sites’ functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request and allow us to remember site preferences you have selected. Refusing these cookies may result in poorly-tailored recommendations and slow site performance.
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Social media and Advertising: Social media cookies offer the possibility to connect you to your social networks and share content from our Sites through social media. Advertising cookies (of third parties) collect information to help better tailor advertising to your interests, both within and beyond our Sites. In some cases, these cookies involve the processing of your personal data. Refusing these cookies may result in seeing advertising that is not as relevant to you or you not being able to link effectively with Facebook, Twitter, or other social networks and/or not allowing you to share content on social media.
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You can always change your preference by visiting the "Cookie Settings" at the bottom of each page of our Sites.
For a comprehensive and up-to-date summary of every third-party accessing your web browser (through JUSTBOUNCE Sites or otherwise), we recommend installing a web browser plugin built for this purpose. You can also choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings on each browser and device that you use. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you may not have access to many features that make our Sites and Apps more efficient and some of our services will not function properly.
USING JUSTBOUNCE Sites and Apps with Third-Party Products and Services
Our Sites and Apps allow you to interact with a wide variety of other digital products and services. For example, our Sites and Apps can integrate with third-party devices for activity tracking, social networks, music streaming services and other digital services.
If you choose to connect your JUSTBOUNCE account with a third-party device or account, your privacy rights on third-party platforms will be governed by their respective policies. For example, if you choose to share your JUSTBOUNCE activity on third-party social media platforms, the policies of those platforms govern the data that resides there.
Our Sites and Apps may provide links to other (third-party) websites and apps for your convenience or information. Linked sites and apps have their own privacy notices or policies, which we strongly encourage you to review. To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.
CHANGES to Our Privacy Policy
Applicable law and our practices change over time. If we decide to update our privacy policy, we will post the changes on our Sites and Apps. If we materially change the way in which we process your personal data, we will provide you with prior notice, or where legally required, request your consent prior to implementing such changes. We strongly encourage you to read our privacy policy and keep yourself informed of our practices. This privacy policy was last modified in October 2018.
QUESTIONS and Feedback
We welcome questions, comments, and concerns about our privacy policy and privacy practices.
If you wish to provide feedback or if you have questions or concerns or wish to exercise your rights related to your personal data, please write us an email to info@justbouncestore.com.
If you contact us with a privacy complaint it will be assessed with the aim of resolving the issue in a timely and effective manner. You also have the right to lodge a complaint with the relevant supervisory authority in the country in which you reside.
TERMS OF SALE
These terms of sale apply to all countries where is possible to purchase our products via our website and platform.
Please read these Terms of Sale carefully before ordering Products online from thee JUSTBOUNCE Platform.
if you are located in any of the countries identified below, additional country-specific terms may apply to you and are viewable at the end of these terms of sale. These additional terms override the Terms below to the extent of any inconsistency.
AUSTRIA, FRANCE, GERMANY, HUNGARY, ITALY, POLAND.
APPLICABILITY
You are reading these Terms of Sale (“Terms of Sale”) because you are using a JUSTBOUNCE website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of JUSTBOUNCE’s Platform (“Platform”). These Terms of Sale create a legally binding agreement between you and JUSTBOUNCE and its affiliates (which we may refer to as “JUSTBOUNCE,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform.
JUSTBOUNCE may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us:info@justbouncestore.com. Your use of the Platform is also governed by JUSTBOUNCE’s Terms of Use and Privacy Policy. The Terms of Use are incorporated herein by this reference.
PLACING ORDERS ON THE PLATFORM
ELIGIBILITY TO ORDER
To place an order on the Platform, you must be at least 16 years old, or older if that is required under applicable law to enter into an agreement with JUSTBOUNCE, and a consumer - not a reseller.
NO PURCHASE FOR RESALE
The Platform is intended solely for JUSTBOUNCE to sell JUSTBOUNCE products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of JUSTBOUNCE product by someone who resells, or intends to resell, the JUSTBOUNCE product to others (consumers, businesses or any third party). If JUSTBOUNCE believes you are involved in purchase for resale, JUSTBOUNCE reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
If you want to resell our products please contact us:info@justbouncestore.com to find a separate deal.
HOW TO ORDER
You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Platform, which includes designing customized items, adding items to your shopping cart and submitting your order.
When you submit an order we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the Products are shipped to you - we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.
OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
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the product is not available / in stock;
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your billing information is not correct or not verifiable;
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your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
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you are under 16, or under an older age if an older age is permitted under applicable law to enter into an agreement with JUSTBOUNCE;
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you are a reseller;
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there was an error in the price displayed on the Platform; or
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we could not deliver to the address provided by you;
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due to an Event Outside Our Control (see below).
DATA CHECK
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.
PRICE/PAYMENT
PAYMENT METHODS
You can find the available payment methods for each country in the Payment Methods section of justbouncestore.com (the “Website”). We do not accept any method of payment other than those listed in the payment methods section. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
PAYMENT PROCESSING
If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. If you pay by bank transfer (only available for bulk orders), we will start delivery (or manufacturing in the case of customized products) after we receive your payment. This may take several days. In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase will automatically be cancelled. Payments can only be processed if the billing information can be verified.
TITLE TRANSFER
We retain title in any product(s) until we have received full payment for such product(s).
PRICES AND CURRENCY
The product prices displayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the shipping info section of the Website.
Prices are quoted in local currency Euro. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing.
YOUR TOTAL PRICE
The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.
If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
PRICE CHANGES
The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
SHIPPING & DELIVERY
DELIVERY – WHERE AND WHEN
We do not ship on certain Italian public holidays. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the shipping info section of the Website.
INSPECTION UPON DELIVERY
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
RETURNS & CANCELLATIONS
CANCELLING ORDER BEFORE DELIVERY
You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order please write to:info@justbouncestore.com
Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below.
Customized orders cannot be cancelled before shipment, because we start building the customized products immediately after receiving the order.
RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return please write us:info@justbouncestore.com
We moreover remind you that under Dutch and EU law, we are liable to you for any lack of conformity in a product that becomes apparent within a minimum of two years from delivery of the product and that you have several statutory rights in this context. The foregoing does not limit these statutory rights in any way.
YOUR RIGHT OF WITHDRAWAL
If for whatever reason you are not happy with a product you ordered, you may exercise your statutory right of withdrawal. You can invoke your right of withdrawal by informing us that you want to return the product within 10 calendar days after the product is delivered to you or to a third party indicated by you (other than the carrier) or, if you have ordered multiple goods in one order which are delivered separately, within 10 calendar days after the last product is delivered, without giving us any reason.
If you use your right of withdrawal, you have an obligation to return the products to us without undue delay and no later than 10 calendar days from the day on which you have communicated to us that you invoke your right of withdrawal.
Please make sure that the products you return are complete (e.g. both items of a pair must be returned) and not used in any way other than what is reasonably necessary to decide of you want to keep the products (meaning that you are allowed to try garments or shoes on for fit, but you cannot wear or wash them). If you do not comply with the foregoing and the value of the product diminishes as a consequence thereof, we can hold you liable for such diminished value. The right of withdrawal does not apply if the product is made to your specification or clearly personalized.
For practical information on how to return write us:info@justbouncestore.com , which contains a withdrawal form that you can use to exercise your right of withdrawal.
It is sufficient that you send this statement to us before the withdrawal period ends.
If you inform us that you wish to return a product, we shall reimburse to you all payments received, including the delivery costs without undue delay and in any event not later than 10 days from the day on which we are informed about your decision to exercise your right of withdrawal. We may however choose to withhold the reimbursement until we have received the products back.
REFUND INFORMATION
Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to us when you initiate the return so that we can refund the money directly to your account.
CONDITIONS APPLICABLE TO PRE-ORDERED PRODUCTS
Pre-order is the process by which you are able to order a product in advance of the scheduled retail launch. Due to the nature of pre ordering, the following specific conditions apply to pre-ordered products:
Delivery. Pre-ordered products are targeted to be delivered before the retail launch date, provided that we have received your payment at least 3 working days before such date. Concrete delivery times depend on the moment the product is available in our warehouse. Standard delivery timelines will apply from the moment the pre-ordered product is available in our warehouse. This information is best estimates only, timelines are not binding.
Payment. Unless you have chosen for payment upon delivery, the following applies. Your payment will be deducted as soon as the order is received (or, in the event of bank transfer, as soon as possible). We will not start the execution of your order prior to having received payment. For bank transfers this may mean that delivery will be later than set out under the bullet point above.
Product launch date. The scheduled retail launch date (product launch) for your pre-order product can be found in the product description page on the Website.
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, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
a) We will contact you as soon as reasonably possible to notify you; and
b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
CHOICE OF LAW/JURISDICTION
You agree that the Platform, Terms of Sale, and any dispute between you and JUSTBOUNCE shall be governed in all respects by Italian law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of JUSTBOUNCE products) shall be resolved individually, without resort to any form of class action, and exclusively in the competent courts of Milano, Italy.
In case you have a complaint, please contact us via contact us page first. If you feel your complaint is not adequately addressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr.
All claims shall be brought within one (1) year after the claim arises, to the extent allowed under applicable law.
COUNTRY-SPECIFIC TERMS
If you are located in one of the following countries, the additional terms below will apply and override any inconsistent terms set forth above.
AUSTRIA
The last paragraph in the section above titled “CHOICE OF LAW/JURISDICTION”, is deleted in its entirety and replaced with the following:
“All claims shall be brought within three (3) years after the claim arises.”
FRANCE
The section above titled “PLACING ORDERS ON THE PLATFORM”, sub-section “OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT” is deleted in its entirety and replaced with the following:
“OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
We reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
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your billing information is not correct or not verifiable;
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your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
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you are under 16, or under an older age if an older age is permitted under applicable law to enter into an agreement with JUSTBOUNCE;
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you are a reseller;
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we could not deliver to the address provided by you; or
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due to an Event Outside Our Control (see below).”
The second and third paragraph in the section titled “CHOICE OF LAW/JURISDICTION” are deleted in their entirety and replaced with the following two paragraphs:
If you have a complaint, please contact us via contact us page first. If you feel your complaint is not adequately addressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr. In addition, you have the right to initiate a mediation procedure by contacting the mediator (s) as follows:Association des Médiateurs Européens (197, Boulevard Saint-Germain, 75007 PARIS, téléphone: 09 53 01 02 69), http://www.mediationconso-ame.com/. The mediator(s) will attempt to, independently and impartially, reach an amicable resolution of the dispute. In case of mediation, each party is free to accept or reject the solution proposed by the mediator.”
GERMANY
The last paragraph in the section above titled “CHOICE OF LAW/JURISDICTION”, is deleted in its entirety and replaced with the following:
“All claims shall be brought within two (2) years after the claim arises.”
HUNGARY
The section above titled “APPLICABILITY” is amended by adding the following:
"These Terms of Sale constitute an implied agreement between you and JUSTBOUNCE, unless otherwise meeting the requirements of written agreements under Hungarian law. "
ITALY
The section above titled “Price/PAYMENT”, sub-section “PRICE CHANGES” is replaced in its entirety with the following:
“PRICE CHANGES
The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order you submitted even if not yet confirmed in an Order Confirmation.”
The section above titled “RETURNS & CANCELLATIONS”, sub-section “RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS” is hereby deleted in its entirety and replaced with the following:
“RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS
JUSTBOUNCE pursuant to article 130 of the Consumer Code, guarantees the conformity of any sold goods for a period of two years after the delivery of the goods. Without prejudice to any statutory rights provided in your favor by applicable law, in the case of a lack of conformity, you shall be entitled to have the goods brought into conformity free of charge by repair or replacement or to have an appropriate reduction made in the price or the contract terminated with regard to those goods, in accordance with article 130 of the Consumer Code.You are entitled to exercise the above rights, in the event any products are defective or otherwise not in conformity with your order when you received them, provided that you inform us of the lack of conformity within a period of two months from the date on which you detected such lack of conformity. In the event your claim is justified, the purchase price and the shipping costs will be refunded.”
The second paragraph in the section above titled “CHOICE OF LAW/JURISDICTION”, is deleted in its entirety and replaced with the following two paragraphs:
“Regardless of the above choice of law, be reminded that you will enjoy the statutory rights provided in your favour under Section 1, Title III of the Italian Consumer Code (Legislative Decree no. 206/2005).”
“Except where prohibited and without limitation to any of your statutory rights, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of JUSTBOUNCE products) shall be resolved individually, without resort to any form of class action, and exclusively in the court of the place where you are resident or domiciled.”
Payment Methods
• Credit / Debit Cards
• PAYPAL
• Wire Transfer