Terms and conditions

1. Use of the Platform and Your Account

1.1 Who can use the Platform

We welcome users of all ages, but you must be at least 18 to use Platform.

No individual under the age of 18 may use the Platform, provide any Personal Data to us, or otherwise submit Personal Data through the Platform (e.g., a name, address, telephone number, or email address).

1.2 Your Account

You may need to create an account to access or use the Platform

When you create an account to use the Platform, you must provide us with accurate and complete information as prompted by the account creation and registration process and keep that information up to date. Otherwise, the Platform may not operate correctly, and we may not be able to contact you with important notices.

You are responsible for maintaining the confidentiality of any and all actions that take place while using your account and must notify our Support Team at https://www.underarmour.in/customer-service/contact-us right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password.

You have the right to delete your account with us by writing to us at care@underdogathletics.in. If you choose to permanently delete your account, the non-public Personal Data that we have associated with your account will also be deleted.

1.3 Platform Updates, Changes and Limitations

Our Services are constantly evolving and their form and functionality may change without prior notice to you.

We may provide updates (including automatic updates) for certain features of the Platform as and when we deem fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, "Updates"). Certain portions of the Platform may not properly operate if you do not install all Updates. You acknowledge and agree that the Platform may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Platform. We may change, suspend, or discontinue any or all of the features of the Platform at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any feature of the Platform. We may also impose limits on certain features of the Platform or restrict your access to part or all of the Platform without notice or liability.

1.4 Platform Monitoring and Suspension

We reserve the right to refuse to provide access to the Platform or any of its features to anyone, and can monitor, terminate or suspend your account or access to the Platform at any time.

We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Platform.

We may also deactivate, terminate or suspend your account or access to the Platform at any time: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms or the spirit thereof, (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for the Company, the general public, any third party, or any user of the Platform, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any features of the Platform Services, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.

1.5 Security

Please let us know right away if you believe your account has been hacked or compromised.

We care about the security of our users. While we work hard to protect the security of your Personal Data and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures.

You are responsible for maintaining the confidentiality of any and all actions that take place while using your account and must notify our Support Team at https://www.underarmour.in/customer-service/contact-us right away of any actual or suspected loss, theft, or unauthorized use of your login ID/account or account password or any other breach of security involving access to the Platform through your account. We are not responsible for any loss that results from unauthorized use of your username and password. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or account because of your failure to take reasonable steps to keep your account information secure and confidential.

Please notify our Support Team at https://www.underarmour.in/customer-service/contact-us immediately of any actual or suspected breach or unauthorized access or use of your account.

2. Ownership and Use of Content

2.1 Definitions

Content is what shows up on your display when you use the Platform.

For purposes of these Terms, "Content" means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, likes, comments, software, scripts, executable files, graphics, maps, routes, geo-data, workouts and workout data, biometric data and data elements derived therefrom, training plans, sleep activity, annotations, nutrition information, recipes, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services;

You must not use the Platform or any Content other than for its intended purpose. Except where we tell you otherwise in the Platform, you may view, play, print, and download documents, audio, and video found on the Platform for personal, informational, and non-commercial purposes only.

2.2 Ownership

All Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Platform belong to the Company and/or Under Armour Inc., and/or its affiliates. The Company and Under Armour Inc., and/or its affiliates retain ownership, responsibility for and/or other applicable rights in all Content. Except as expressly provided in the Terms, nothing grants you a right or license to use any Content, including any content owned or controlled by any of our partners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Platform.

2.3 License to Use and Access Platform

You are welcome to access and use the Platform. We work hard to provide a great experience for our users, so please respect our intellectual property rights and only use the Platform as intended. This includes not using any Content for commercial purposes.

Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Platform and Content for your own personal, non commercial purposes, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the Content or the Platform.

Except as authorized under applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Platform. For purposes of these Terms, the use of any such material on any other mobile application, website, or online service is prohibited.

You may not attempt to gain unauthorized access to any part or feature of the Platform or any system connected to the Platform by hacking, password mining or other illegitimate or unauthorized means.

You may not bypass any measures used by us to prevent or restrict access to the Platform. Any unauthorized use by you shall terminate the permission or license granted to you by us. 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.

2.4 Acceptable Usage Guidelines

2.4.1 Content.

Content. Except as expressly permitted by applicable law or authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content in whole or in part. You shall not download, copy, or save Content, except (i) as expressly permitted by the functionality of certain features of the Platform (e.g., printed maps) as provided for in the specific guidelines and/or additional terms applicable to those features, or (ii) solely for personal use or your records.

2.4.2 Commercial Usage of the Services.

The Platform is intended only for your personal, non-commercial use. You shall not use the Platform to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons (such as advertising sales), or otherwise undertake any endeavor aimed at deriving revenue.

2.5 Spreading the Word

If you share someone else's personal information with us, you must first get their permission.

We hope you enjoy using the Platform and encourage you to share your enthusiasm for them with your friends. If you elect to use the features in our Platform to tell a friend about the Platform, we will ask you to provide your friend's email address or social media profile, which we may then use to contact your friend about the Platform. We may store the information you provide for a period of time, but we will not post this information publicly. You represent and warrant that you are authorized to provide any third-party contact information that you provide to us for referrals and will indemnify us for any breach of this representation and warranty.

2.6 Disclaimer Regarding Accuracy and Reliance on Content

We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Platform, and we make no commitment to update such Content.

2.7 Your Feedback

We appreciate your feedback and can freely use your suggestions to make www.underarmour.in better. Thank you and keep the ideas coming!

If you choose to submit comments, ideas or feedback, you can submit through the feedback section on our website, and you agree that we are free to use the ideas you submit without any restriction or compensation to you. By accepting your submission, the Company does not waive any rights to use similar or related feedback previously known to the Company, developed by our employees, or obtained from sources other than you. You certify and represent that the information or feedback you submit to us through the Platform is not confidential or proprietary information.

3. Intellectual Property

We respect intellectual property laws. If anything is wrong, please send an email with all the details to care@underdogathletics.in

If you believe Content infringes copyright or trademark under Indian law, please notify us immediately using the contact information provided herein. It is our policy to investigate any allegations of infringement brought to our attention. Please provide us with the following information in your notice of a suspected violation:

• Identification of the material being infringed.
• Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
• Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
• A statement that the Notifying Party has a good faith belief that the material is not authorized by the owner, its agent or law.
• A statement that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the owner.
• A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed.

Your notice must be signed (physically or electronically) and must be addressed as follows:

Customer Care Officer
Underdog Athletics India Private Limited, Regus Grandeur, Level 5, Caddie Commercial Hospitality, IGI Airport, Southwest Delhi, New Delhi, Delhi, India, 110037,
care@underdogathletics.in

You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. In India, under the Copyright Act, 1957, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

All trademarks, service marks, and trade names of Under Armour™ used as part of or in connection with the Platform (collectively "Marks") are trademarks or registered trademarks of Under Armour Inc., or its affiliates and the Company is the exclusive licensee for use of the Marks in India. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Platform. The use of Marks on any other mobile application, website, or online service is not allowed.

4. Third Party Links and services

The Platform may link to, interact with or be available on third-party services or products such as social media and third-party devices. If you access such third-party services or products or are re-directed to any third-party websites/applications, be aware that different terms and privacy policies apply to your usage of such services/third party websites/ applications.

4.1 Third-Party Applications

You may be able to access or be re-directed to certain third-party links, applications, content, services, promotions, special offers, or other events or activities ("Third-Party Applications") via our Platform. If you choose to access these Third-Party Applications, you may be requested to log-in and sync your accounts with such applications. You are in no way obligated to use any Third-Party Applications, your access and use of such applications would be entirely at your own risk and the privacy and usage policies of these Third-Party Applications would govern such usage, we shall have no liability in this regard. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.

4.2 Third Party Products

4.3 Third-Party Services, Activities, and Events

Our Platform may include the ability to discover, access or participate in certain services, activities, or events ("Third-Party Activities"). By way of example and not limitation, you can use the site to access information about and register for third party volunteer opportunities. Third-Party Activities are offered and provided by Third Parties, not the Company. Your attendance at and participation in Third-Party Activities is solely at your own risk. the Company will not be liable for any act, error or omission of any Third Party, including, without limitation, any which arises out of or is any way connected with a user's attendance, use of or participation in any Third-Party Activities initially discovered, booked or registered for via the Platform, or the performance or non-performance of any Third Party in connection with the Platform. The Company is not an agent of any provider of Third-Party Activities.

5. Mobile Services

While we strive to make our Platform available on many devices, we can't guarantee that our Platform is compatible with your device (though please let our Customer Support https://www.underarmour.in/customer-service/contact-us know if you have a question or problem; we want to help).

6. Shopping and E-Commerce

Additional e-commerce terms and conditions apply to purchase of products from the Platform. You can find these terms and conditions below. Information about our returns, exchanges, payment/refunds, shipping, and related policies are available on the Platform. If you have questions related to shopping on the Platform, please contact our Support Team at < https://underarmour.in/customer-service/contact-us>. Please review these policies prior to making purchases through the Platform.

7. Modifications to the Terms and Product-Specific Terms

As we grow and improve, we might have to make changes to these Terms or include additional terms that are specific to certain products.

7.1 Updates to these Terms

We reserve the right to modify/ change these Terms at any time/ from time to time for security, legal, regulatory or any other reasons by (i) posting revised Terms on and/or through the Platform, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Platform (such as through a notification on the home page of the Platform).

Modifications will not apply retroactively unless required by law. We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use the Platform. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your choice to maintain an account, access or use the Platform (regardless of whether you create an account with us) following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Platform.

8. No Warranties

EXCEPT WHERE PROHIBITED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the features of the Platform or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Platform will meet your requirements or provide specific results, (ii) the operation of the Platform will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content. You therefore expressly acknowledge and agree that use of the Platform is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

9. Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall the Company, its affiliates, subsidiaries or partners be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Platform; (d) damages relating to any conduct or content of any third party or user of the Platform, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Platform. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not the Company has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of the Company, for any claim under these Terms, including for any implied warranties, is limited to [insert an amount] (INR [insert amount]).

In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Platform (including but not limited to your usage of any third party websites/re-directed links via the Platform or participation in any activities promoted by or accessed via the Platform), (b) the use, disclosure, display, or maintenance of a user's Personal Data, (c) any other interactions with us or any other users of the Platform, even if we have been advised of the possibility of such damages, or (d) other Content, information, Services or goods received through or advertised on the Platform or received through any links provided with the Platform.

10. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold the Company, its subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys' fees, made by any third party due to or arising out of (a) your use of the Platform, (b) your connection to the Platform, (c) your violation of these Terms, (d) your use or misuse of any user's Personal Data, or (e) any violation of the rights of any other person or entity by you. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India.

12. Disputes and Jurisdiction

All disputes arising under the Terms between you and the Company will be subject to the jurisdiction of the courts located in New Delhi, India, and you and we hereby submit to the jurisdiction of these courts.

13. Survival

If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Sections 2 (Ownership and Use of Content), 8 (No Warranties), 9 (Limitations of Liability), 10 (Indemnification), 11 (Governing Law) 12 (Disputes and Jurisdiction ), and 13 (Survival).

14. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Platform. The Terms constitute the entire agreement between you and us with respect to your use of the Platform.

Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Platform.

Our notice to you via email, regular mail, or notices or links displayed in connection with the Platform constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., "junk" or "spam" folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Platform, then it will be considered received twenty-four hours after it is first displayed.

15. Contact Us

If you have any feedback, questions or comments about the Platform, please contact our Support Team by email at < care@underdogathletics.in >, or by mail at: Customer Care Officer, Underdog Athletics India Private Limited, Regus Grandeur, Level 5, Caddie Commercial Hospitality, IGI Airport, Southwest Delhi, New Delhi, Delhi, India, 110037, and include the subject as "Attn: Legal - Terms and Conditions of Use and Sale". Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.

Appendix A: Terms of Sale

By shopping with us using the Platform, you agree to these terms and conditions. These terms and conditions apply to all offers and agreements in connection with the online sale and delivery of Under Armour branded apparel, shoes and accessories ("UA Products").

(a) Account Registration

An account is not required to shop via the Platform. To make online shopping faster and easier, however, you may register for an account with us on one of our websites or applications. Please confirm your email address when creating your account as we will use the email address on file to contact you. If you have an account, you will have the ability to track shipments, view past orders, and quickly access your shipping and billing information with a username and password. If you do not want to set up an account, you can still purchase from the Platform as a "Guest."

(b) Online Availability

When shopping, once you've selected the item you wish to purchase you can determine what color/size is in stock by first selecting the color (1. Select Color), and then the size (2. Select Size). If the size you want is not listed for the selected color, it is not available. Although the Platform is designed to feature "real-time" inventory levels so that only in-stock items are visible and available for purchase, we may experience shortages of stock due to overwhelming popularity of a particular style, color or size, and cannot guarantee that items which appear to be in stock are actually available. If the item you would like to purchase is currently out of stock, we apologize for the inconvenience and encourage you to call our customer service line https://www.underarmour.in/customer-service/contact-us so that we may help you find a similar product. Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. We are not liable for these variations and deviations. No rights can be derived from typing errors, product descriptions or manifest errors on the Platform.

(c) Ordering and Changes to Orders

When you place an order you would receive emails at the address you have provided. If you are using your workplace email address, be aware that many corporations use spam filters to disqualify incoming automated emails, which could hamper delivery of our email to you or send it to junk mail.

The "confirmation" stage during check-out sets out the final details of your order. Following this, we will send you an email detailing the products you have ordered. Please note that this email is only an acknowledgement of orders placed and not an order acceptance from us. Acceptance of your order and the completion of the contract between us will occur upon our dispatch to you of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it.

(e) Tax

Goods and Services Tax will be charged at the applicable rate and it will be included in the product price.

(f) Payment

We reserve the right to supplement the list of acceptable forms of payment for the Platform. You must ensure that the billing address on file with the credit or debit card-issuing bank being used for online payment is linked to the same billing address you enter when ordering. We do not accept personal cheques, money orders or cash on delivery.

If you are experiencing problems with payment, please contact our customer service team- a member of our team will be happy to assist you.

(g) Delivery and Shipping

There are some locations that we cannot ship to, and we do not ship to post office boxes, so please confirm that we can deliver to you before placing your order. We ship only in India. For any purchaser/ consumer outside India, Under Armour® Global website www.underarmour.com may be accessed.

The estimated delivery time and shipping costs, if applicable, for each order will be presented at checkout. For details, please refer to our Shipping Policy. While we make every effort to deliver goods within the estimated timelines, delays occasionally occur. We shall not be liable for any delay or failure to deliver goods within estimated timelines.

We reserve the right to require goods to be signed for by an adult aged 18 years or over upon delivery.

You will generally receive a tracking link and/or Airway Bill/Reference Number via email or SMS once your package has been shipped and you can track your package using the same.

We strive to ship all items in an order together, but we reserve the right to deliver your products in separate shipments if one or more items are unavailable at the time of initial shipment. In the event that we split your order into more than one shipment, you will not be charged separate shipping costs for each shipment. Further, each shipment will have a confirmation/tracking email. If we experience an issue fulfilling one part of your order, that will not serve as a basis for canceling any of the other items included in that order.

Any orders that are delivered to you will become your property at the time that you receive them, provided that we have received full payment for the order. For further details, please refer to our shipping policy.

(h) Cancellations, Exchanges and Refunds

Exchanges are not allowed as per our policy but you may cancel or return the products as per the cancellation and refund policies and procedures provided separately in the Customer Service section of the Platform. For any further assistance regarding the same, please contact our customer care team through the Contact Us section of our Platform.

(i) Conflicts of Terms; Governing Law

To the extent these sale terms are inconsistent with the Terms, these terms will supersede and prevail with respect to your orders and use of the Platform.

The ecommerce site www.underarmour.in is operated by Underdog Athletics India Private Limited, Regus Grandeur, Level 5, Caddie Commercial Hospitality, IGI Airport, Southwest Delhi, New Delhi, Delhi, India, 110037, CIN: U52520DL2021PTC380151. Underdog Athletics India Private Limited is an exclusive licensee of Under Armour in India.

The contracting party for Platform is Underdog Athletics India Private Limited. You must be at least 18 to use the Platform.

We will send you an order acknowledgment that details the UA products that you have ordered after you have completed your purchase.

We will not change the goods advertised or offered for sale, the prices or specifications of any such goods and any promotional offers in connection with any already completed purchases and/or in process transactions on www.underarmour.in

(j) Product Descriptions and Pricing

The Platform aims to be as accurate as possible. However, we do not warrant that product descriptions, photographs, videos or other product related content on the Platform are wholly accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your only remedy is to return it in unused condition for a refund.

(k) Changes

Please note that, subject to applicable law, we reserve the right to change the goods advertised or offered for sale through the Platform, the prices or specifications of any such goods and any promotional offers and any content available on the Platform at any time and from time to time without any notice or liability to you or any other person.