Terms of use
This website, including its microsites, databases, webshops and apps, ("Website"), is operated by HEAD Sport GmbH, Wuhrkopfweg 1, 6921 Kennelbach, Austria (hereinafter referred to as “HEAD” or “We”), unless another operator is expressly identified. Access to and use of this Website are subject to the terms of use set out below. By using this Website, users accept these terms of use. If you do not accept these terms of use, please do not use this Website.
HEAD respects the privacy and personal data of its users. You can find information concerning data protection in our privacy policy. Please read the privacy policy before using this Website.
Registration on the Website/data for people under the age of 16
Some data is collected simply through use of the Website (more details regarding this can be found in our privacy policy). It may be necessary to register or to provide personal data in order to use certain offerings/services on the Website (e.g. newsletter, competitions, webshop). HEAD does not seek to collect any information from people under the age of 16 or conduct any transactions with people under the legal age in their country without the consent of their parents or legal guardians. Since it is not always possible for us to precisely determine the age of users, however, we are not able to rule out the possibility that our offerings/services may nevertheless occasionally obtain personal data from people under the age of 16 without the consent of their parents or legal guardians. If we discover that people under the age of legal consent have registered on our Website without the consent of their parents or legal guardians, we reserve the right to exclude such offerings/services for these people, to block them or to erase the data.
The users undertake to provide correct and complete information during registration and in particular not to infringe the rights of third parties here. An infringement of the rights of third parties occurs if a third party's personal data or other information is used without their consent, among other things (e.g. name, email address).
After registering on the Website, users will receive a confirmation email and set a username and password. The user is personally responsible for all use of the Website using their username and password. The user undertakes to diligently protect their username and password against misuse by others and to inform HEAD immediately in the event of misuse.
Passwords may not be given to third parties. If a user gives their access details to a third party, they bear full responsibility and liability for any direct and indirect damages resulting from this.
Use of the Website
When using the Website, and in particular when uploading content to our Website, the user undertakes to:
1. Comply with the applicable laws and terms of use;
2. Ensure that all content uploaded is factually correct (if facts are portrayed), is genuine (if opinions are expressed) and complies with the applicable law in each country from which it is published;
3. Refrain from communicating sensitive data such as religious beliefs, health data or other data which is specifically protected in accordance with the General Data Protection Regulation, unless HEAD expressly requests that the user communicate such data;
4. Refrain from engaging in unlawful, discriminatory, racist, political, offensive, pornographic, harassing, defamatory, violent and/or illegal or otherwise inappropriate behaviour or sharing content of this nature;
5. Refrain from sharing advertising content;
6. Treat other users with respect and not deceive them;
7. Obtain all declarations of consent, approvals or licenses which may be required in order to be authorised to share any information or content;
8. Refrain from sharing or publishing any spam, files or technologies which may cause damage to the Website and/or the interests or property of its users;
9. Refrain from publishing any content which infringes the rights of third parties (in particular copyright, trademark, data protection and other personal and/or property rights) or which is misleading and/or fraudulent or infringes trade secrets;
10. Ensure that factual claims, particularly in product reviews, are always truthful and that these do not include any information concerning other websites, companies or people (e.g. names, web addresses, postal addresses, email addresses, phone numbers);
11. Refrain from accepting any payments or other considerations for writing and publishing a product review;
12. Refrain from breaching legal obligations to third parties, such as contractual obligations or obligations of professional secrecy;
13. Refrain from threatening, abusing or infringing the privacy of other people or causing intrusions, inconveniences or unnecessary concern for them;
14. Refrain from using content in order present themselves as another person or in order to falsely represent the identity of or affiliation with a person;
15. Refrain from giving the impression that a contribution originates from HEAD if this is not the case;
The user remains fully responsible and liable for all direct or indirect damage caused to HEAD and third parties as a result of the information or content shared or their conduct.
Restriction of content on the Website
HEAD is not always able to definitively review the content published by users of the Website and HEAD is not responsible for such content. HEAD has the right but no obligation to monitor and/or moderate the content, as well as to remove content from the Website at any time at its own discretion and to restrict user access to any subsections of the Website at any time.
This applies in particular if users violate these terms of use or use the Website in a manner which is unlawful or which appears inappropriate to HEAD.
To the extent permitted by law, HEAD reserves the right to disclose the identity of users to third parties who maintain that the content put on or uploaded to the Website constitutes a violation of their intellectual property rights or the right to privacy. The user is solely responsible for protecting their content and saving backups of it.
Copyright and related rights
All copyrights and other intellectual property rights to all texts, names, product designs, logos, graphics, images, videos and other materials provided by HEAD on the Website are the property of HEAD or an associated company or have been included with the consent of the respective owners. If the user makes use of the above content, then they must attach a clear indication of HEAD’s copyright or other intellectual property right to it.
The user may not modify, amend, reproduce or alter the Website or its content or incorporate the Website or its content into another website, online platform or similar. All commercial use is prohibited except with prior written consent from HEAD.
All copyrights and other property rights set out above are the property of the HEAD Group. The HEAD Group monitors the use of its copyrights and other property rights and will take appropriate measures to counter any form of infringement of intellectual property.
Furthermore, a user can inform HEAD about copyright infringements or the infringement of other property rights by sending a message by email to service@shop.head.com.
Granting of rights to content provided by users
All content uploaded to the Website by users or which HEAD uploads to the Website with the consent of users is considered not to be confidential or protected.
By using the Website, the user grants HEAD a global, irrevocable, non-exclusive and transferable license, for an unlimited time and at no cost, for the use, publication, replication, reproduction, posting, sale, translation, incorporation, modification and amendment of content provided by them, as well as for the production of work derived from it, unless otherwise agreed or otherwise provided for be mandatory legal provisions.
This license also includes the right to distribution of copies produced and modified from it, as well as to exploitation or communication to the public and other use of this content in all media currently known or developed in the future. HEAD also gains the right to sub-licensing of the content provided by the user.
The above rights also apply for companies associated with the HEAD Group.
Sale of HEAD products
Users have the option of purchasing HEAD products on the Website. The sale of HEAD products is done subject to our current general terms and conditions.
Website availability
The Website is only provided in selected languages and may not be available in some countries.
HEAD does not guarantee that the information presented on this Website is correct everywhere in the world, in particular that the products and services are available in the same packaging, sizes and subject to the same conditions everywhere in the world. If you access this Website and/or download content, then you are responsible for ensuring that this is in compliance with the applicable local laws in your place of residence. The products which are mentioned on this Website may have different container/packaging sizes, labelling and marking in different countries.
HEAD reserves the right to make changes, improvements and corrections to the Website at its own discretion. The Website may not be available during maintenance downtime and at other times.
HEAD may also decide, at its own discretion, to take down the Website in full or in part. HEAD is not liable to the users or to third parties for the possible removal of the Website or part thereof.
Liability
HEAD has put the information which users can find on this Website together from internal and external sources to the best of its knowledge and belief with professional diligence. We strive to constantly expand and update the information provided. The information on this Website serves only to represent HEAD or an associated company, including its products and services.
HEAD does not guarantee that the Website will function without interruption or faults or that it is free from viruses. HEAD reserves the right to revise the Website and its content at any time or to withdraw access to it. No guarantee of the availability, completeness, accuracy or reliability of the information or content on the Website is given in any way, either explicitly or implicitly. This includes, among other things, a guarantee for defects of title or a guarantee that no rights will be infringed. The users expressly acknowledge that they use the Website and its content at their own risk.
Unless otherwise provided for by mandatory legal provisions, and except in the case of liability for death or physical injury as a result of gross negligence or intent, HEAD is not liable, either indirectly or directly, for indirect or consequential damage and/or for compensation for damages resulting from the use of or inability to use the Website.
Exclusion of liability
Some sports are associated with risks and may result in any kind of physical injury. The statements and content on the Website do not under any circumstances constitute a replacement for medical advice and HEAD assumes no liability for the users’ actions.
Links to Websites and third-party content
The Website may also contain links or references to third-party websites. If you follow one of these links to a third-party website, then you must review the applicable terms of use for that website and accept them.
HEAD has no control over the content of third-party websites and assumes no liability for the services offered on these websites. A link to a third-party website does not mean that HEAD endorses the website or the products or services on it.
Links to the Website
Users may link to our Website provided that this is done in a fair and lawful manner and HEAD’s reputation is neither damaged nor exploited. They may not place any links which suggest any form of connection, approval or endorsement by HEAD if this does not exist.
No links to our Website may be placed on a website which the user is not affiliated with except with the consent of the owner of the website.
HEAD reserves the right to revoke this consent. The website on which the user places a link to the HEAD website must comply with the content standards in these terms of use in every respect.
Consequences of failure to comply with the terms of use
If HEAD becomes aware or has reason to suspect that users have violated these terms of use, then HEAD may immediately (without prejudice to other rights and legal remedy) take such corrective measures as HEAD deems to be appropriate.
Such measures include the following, among others:
a) Immediate temporary or permanent revocation of the user's right to use the Website;
b) Immediate temporary or permanent removal of posts or content which the user has uploaded to the Website;
c) Delivery of a warning to the user, and/or
d) Communication of this information to law enforcement agencies which HEAD reasonably considers to be necessary.
Applicable law and place of jurisdiction
These terms of use are subject to Austrian law unless otherwise provided for by mandatory legal provisions. In the event of any disputes in connection with these terms of use, proceedings may be brought before the local court for HEAD, unless mandatory legal provisions provide for another local jurisdiction. Furthermore, HEAD reserves the right to file a suit in the user’s location.
Severability clause
If individual provisions of these terms of use are or become invalid, the remaining terms of use remain unaffected by this.
Amendments to terms
HEAD reserves the right to amend the terms of use at any time without notification.
It is the responsibility of the user to review the terms of use regularly. Continued use of the Website constitutes the user's acceptance of all amendments and modifications.
Updated: June 2021