If you live in Australia, 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.
Welcome to the ONWARD community! You are reading these Terms because you are using a ONWARD website, digital experience, social media platform, mobile app or one of our other products or services, all of which are part of ONWARD’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 ONWARD and its affiliates (which we may refer to as “ONWARD,” “we,” “us,” or “our”) regarding your use of the Platform.
- Our Terms May Change. 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.
- Terms of Sale. By making any purchase with us, you also agree to the Terms of Sale listed at the end of this agreement.
- 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. ONWARD is not responsible or liable for your use of the Platform resulting in your ineligibility as an amateur athlete.
- 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:
- Provide accurate and current registration information.
- Keep your registration personal. Do not register for more than one ONWARD account, register a ONWARD account on behalf of someone else, or transfer your account.
- Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
- Inform ONWARD immediately of any unauthorized use of your ONWARD account. You are responsible for anything that happens through your ONWARD account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ONWARD IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.
- 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 ONWARD or others we license Content from, and is protected by copyright, trademark, patent and other laws. ONWARD reserves all rights not expressly described in these Terms.
- All trademarks, service marks and trade names (e.g., the ONWARD name and the Onward Arrows) are owned, registered and/or licensed by ONWARD. 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.
- You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
- To the extent ONWARD approves the download or use of Content comprised of copyrights or copyrightable works, ONWARD 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 ONWARD 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. ONWARD 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. ONWARD reserves the right to take down any Content in violation of these terms or ONWARD’s intellectual property rights. ONWARD allowing you this limited use does not constitute a waiver of any of Onward’s rights to the Content.
- Outside of the specific usage rights granted to you by ONWARD 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 ONWARD’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.
- 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.” Onward 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 ONWARD as described below:
- You represent that you have the right to post your User Content, and you grant ONWARD 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. ONWARD may, in its sole discretion, remove any User Content at any time.
- You understand that deleted User Content may persist in ONWARD’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 ONWARD 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.
- USER CODE OF CONDUCT
We’re excited to have you contribute to the ONWARD community. Here are a few basic rules:
- 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.
- Do not do anything that may expose ONWARD 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.
- 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.
- Do not use any data mining, robots, scraping or similar data gathering methods.
- Unless we indicate otherwise, our Platform is a public place. Do not post personal information to the Platform - yours or anybody else’s.
- 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.
- Do not collect or solicit personal information from other Platform users or send unsolicited messages.
- Do not use automated technology to interact with the Platform.
- 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. ONWARD has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
- Do not impersonate any person or organization, including athletes or ONWARD employees.
- COPYRIGHT INFRINGEMENT
Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. ONWARD 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:
Onward Legal Department
847 Hwy 124, Suit E
Braselton, GA 30517
- PARTNERS ON THE PLATFORM
- IMPORTANT DISCLAIMERS
PHYSICAL ACTIVITY. 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.
- Consider the risks involved and consult with your medical professional before engaging in any physical activity.
- Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Platform.
- TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ONWARD 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.
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.
- 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. ONWARD is under no obligation to become involved with any user dispute, but may do so at its own discretion.
- 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, ONWARD IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
- ONWARD 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.
- To the fullest extent permitted by law, ONWARD 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.
- You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
- We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.
ONWARD may terminate or modify any Onward Platform, member program, product or service at any time without notice.
ONWARD 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 Onward, subject to applicable law.
- 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.
- These Terms remain in effect even after your account is terminated or you have stopped using the Platform.
- INDEMNIFICATION / LIMITATION OF LIABILITY
We want you to enjoy our Platform, but ONWARD must also protect itself from any damages you may cause.
Indemnification and RELEASE.
LIMITATION OF LIABILITY.
NONE OF THE ONWARD 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 ONWARD EVENT OR ONWARD PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF ONWARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST ONWARD IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF ONWARD 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, ONWARD'S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.
- APP MARKETPLACES: You acknowledge that this agreement is between you and ONWARD only, and not with the app marketplace where you downloaded a ONWARD 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.).
- DISPUTES / ADDITIONAL TERMS
Choice of Law/Jurisdiction
- You agree that this Platform is a passive platform solely based in the state of Delaware, USA, which does not give rise to personal jurisdiction over ONWARD in jurisdictions other than Delaware.
- 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 ONWARD products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in the state of Delaware, USA.
- You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Delaware, USA.
- 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.
- By using the Platform, you agree to receive certain electronic communications from ONWARD, subject to applicable law.
- You agree that any notice, agreement, disclosure or other communication that ONWARD sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Right to Assign, No Waivers, Severability
- ONWARD 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.
- ONWARD’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or ONWARD’s rights. Users should always assume these Terms apply.
- If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.
SPECIFIC TERMS FOR 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.”
TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE ONWARD PLATFORM. PLEASE, NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE.
PLACING ORDERS ON THE PLATFORM
ELIGIBILITY TO ORDER
To place an order on the Platform, you must be of legal age in your country and a consumer - not a reseller.
NO PURCHASE FOR RESALE
The Platform is intended solely for ONWARD to sell ONWARD products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of ONWARD product by someone who resells, or intends to resell, the ONWARD product to others (consumers, businesses or any third party). If ONWARD believes you are involved in purchase for resale, ONWARD 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.
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 Website, 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:
- the product is not available / in stock;
- your billing information is not correct or not verifiable;
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- your bank transfer payment is not received within 12 calendar days after acceptance of your order;
- we believe you are under the legal age in your country;
- we believe that you are a reseller;
- there was an error in the price displayed on the Platform;
- we could not deliver to the address provided by you;
- due to an Event Outside Our Control (see below); or
- in the event of misspelling, pricing or other errors or mistakes in the Platform information.
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.
The risk of loss and title for products purchased from Onward pass to you upon our delivery to the carrier.
You can find the available payment methods for each country in the help section of Onward.com (the “Website”). We do not accept any method of payment other than those listed in the help 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.
Except with respect to pre-ordered products, 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 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.
PRICES AND CURRENCY
The product prices displayed on the Platform are exclusive of Sales Tax, as applicable or in the case of Australian orders Inclusive of Goods and Services Tax (GST). 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 help section of the Website.
Prices are quoted in US Dollars or in the case of the Australian site Australian Dollars. 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.
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 public holidays. Please refer to the help section of the Website for dates and the available delivery times and methods. 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 help section of the Website.
Where possible, we try to deliver all items which you have ordered at the same time.
We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs.
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.
If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive FREE ‘standard delivery’, or the option of discounted ‘express delivery’. Other conditions may also qualify you for free shipping. See the help section of the Website for threshold amounts and their corresponding discounted delivery rates.
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 check the status of your order first by visiting the "Order status" link at the top right of the Website.
If the status of your order is "Pending" or "On Hold" you may cancel your order by contacting us. Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. 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.
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. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the help section of the Website.
Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to Customer Service when you initiate the return so that we can refund the money directly to your account. For practical information on how to return and for refund timelines, see here [Link to returns].
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. 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.
Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us.