ALOHAS TESTING PROGRAM TERMS AND CONDITIONS
1. Organizer and participants
1.1. Organizer: ALOHAS (hereinafter referred to as “ALOHAS”/”we”/”us” “our”) is a company registered in Barcelona, NIF B-66870585, with a registered office address in Carrer de l'Església, 4-6. Planta 4 Puerta A, Barcelona 08024, Spain. We operate the ALOHAS website www.alohas.com (hereinafter referred to as “website”) and sell footwear, clothing, accessories, and other products to consumers.
1.2 Participants (hereinafter referred to as “you”, “user” or “Product Tester”): The ALOHAS Testing Program is open to everyone aged 18 years or over. We may request, at any stage, that you provide proof of your age.
2. Your Acceptance
2.1. By registering for the ALOHAS Testing Program, you are indicating your agreement to be bound by these Terms and Conditions (hereinafter referred to as “TaC”) that you accept in full and agree to abide by. You can cancel your registration at any time by written notice.
2.1. ALOHAS reserves the right to revise and change any of the TaC at any time and at its sole discretion. Notice of any such changes will be emailed to you and posted on the website, coming into effect upon such posting. You are responsible for reviewing the notice and any applicable changes. If you object to any change of the TaC, you can cancel your registration to the ALOHAS Testing Program by written notice in the next fifteen (15) days. In the absence of such termination notice, we will constitute your acceptance of such changes.
3. What is the ALOHAS Testing Program?
3.1. The goal of the ALOHAS Testing Program (hereinafter referred to as “Program”) is to allow its participants to test, evaluate, and send feedback on our products.
3.2. Potential participants are required to register with us. By registering with us, you agree to provide accurate and complete profile information about yourself.
3.3. Only a select number of participants who have been previously registered for the Program can be selected as Product Testers at ALOHAS’ sole discretion and will be contacted from time to time to test ALOHAS products according to business needs.
3.4. The Product Tester selected will be contacted by us via telephone, text message, and/or email and informed about the specific conditions of the test: normal product to be tested, duration of test, and deadline of the final evaluation.
3.5. The Product Tester must confirm their availability and acceptance, and any unclaimed testing opportunities may be reallocated by us.
3.6. The shipping of the product will be always free for the Product Tester.
3.7. The Product Tester will receive the product to test and must provide feedback by the time and means made available by ALOHAS (mainly product experience, comfort and fit experience, usability, quality evaluation, resistance and abrasion evaluation, color evaluation, open comments, and images of the shoes before/after)
Upon receipt of a request from ALOHAS, each Product Tester shall do and execute or arrange for the doing and executing of each reasonably necessary act and document that ALOHAS may consider necessary to give effect to this clause, including assigning the title, with full title guarantee, to all present and future rights and interests in such tester feedback to ALOHAS.
In case the feedback is not satisfying, ALOHAS will ask the Product Tester to do the testing again or return the product if the user is not interested in testing it anymore.
3.8. The Product Tester knows and accepts that ALOHAS is the owner of all intellectual property rights and shall automatically own all future intellectual property rights and interests of such user feedback for any purpose (including but not limited to commercial purposes).
The extent of this intellectual property is irrevocable, perpetual, exclusive, royalty-free, worldwide, transferrable, assignable, and sub-licensable.
3.9. The products being tested may become the property of the Product Tester once the program has ended.
Only in exceptional circumstances, ALOHAS could require the Product Tester to return the product provided; for example, in case of criticizing the brand on any social platforms, or not answering/giving the feedback needed.
In these exceptional cases, as soon as the Product Tester is requested to return the product, the user shall comply with such request and return it in accordance with ALOHAS’ instructions.
3.10. Despite having ownership of the tested product, The Product Tester knows and accepts that the sale or donation of the product by any channel or means is completely prohibited.
As soon as we become aware of non-compliance with this obligation, ALOHAS will request the Product Tester to immediately return the product provided to them under the Program.
At the same time, any unfulfillment of this obligation shall be understood as an essential infringement of industrial property rights and ALOHAS reserves the right to take legal action against the Product Tester.
4. Competitor Relationships
4.1. You are required to promptly notify us in writing if you engage with a competitor of ours before or during your engagement as a user testing program. By “competitor” we understand any other businesses that can offer the same or similar goods and services to customers.
5.1. You participate at your own risk and ALOHAS does not in any way exclude or limit our liability for death or personal injury caused by our negligence.
5.2. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time of entering into these TaC.
6.1. Upon provision of written notice to a user, ALOHAS is entitled (at ALOHAS’ sole discretion) to terminate at any time for any reason: (i) the Testing Program itself; and/or (ii) a user participation in the Program.
6.2. In case of unfulfillment or termination, ALOHAS reserves the right to delete and ban the Participant of the database and block their IP address to make sure that the user can never apply again.
7.1. In the course of testing and/or an evaluation, ALOHAS will provide the product tester with what is strictly Confidential Information.
7.2. “Confidential Information” means the proprietary information exchanged between parties, which includes, without limitation, information (tangible or intangible) regarding patent and patent applications, trade secrets, product or service ideas or plans, techniques, sketches and designs, works of authorship, engineering designs and drawings, hardware configuration information, inventions, know-how, processes, equipment used, algorithms, software programs, tasks, questions, videos, recordings, websites, products, materials, images, text, communications, software source documents, formulae, anything related to the current, future, and proposed products and services, as well as information concerning disclosing party’s business, research, experimental work, development process, design details and specifications, engineering requirements, procurement requirements, employees and consultants (including, but not limited to, the names, contact information, jobs, compensation, and expertise of such employees and consultants), suppliers and customers, price lists, pricing methodologies, cost data, market share data, license, contract information, business plans, financial forecast, historical financial data, budgets, sales plans, merchandising plans, marketing plans, clinical data and analysis, and all other information that the receiving party knew, or reasonably should have known, was Confidential Information of the disclosing party and any information specifically marked “confidential” or “proprietary”.
7.3. The Product Tester shall (i) maintain such Confidential Information strictly confidential, (ii) not disclose the Confidential Information to any third party (evaluating the product in public is allowed), (iii) neither take nor publish any photos (or the like) of the Confidential Information, (iv) not use the Confidential Information for any purpose other than the evaluation of the Confidential Information. For the avoidance of doubt: nothing in these Terms and Conditions shall restrict the Product Tester from the evaluation and such evaluation may take place in public.
7.4. The Product Tester hereby acknowledges that in their examination of the Confidential Information, they may have access to material non-public information concerning us. The Product Tester acknowledges that they are aware that Spain and other applicable security laws prohibit any person who has received from an issuer material non-public information relating to an issuer of securities from purchasing or selling securities of such issuer or from communicating such information to any other person under circumstances in which it is reasonably foreseeable that such person is likely to purchase or sell such securities.
7.5. At any time, ALOHAS may request a Product Tester to return all Confidential Information, for instance, prototypes, samples, and/or any documents that could contain Confidential Information. The Product Tester shall promptly return them. The breach of this agreement by the Product Tester will lead to the immediate termination of the testing relationship between us and the Product Tester. We are entitled to claim full damages for all breaches caused by the Product Tester.
8. Data protection
9.1. These TaC do not give rise to any rights for third parties under the Contracts.
9.2. You will not assign, novate or transfer any of your rights or your obligations under these TaC to another person or entity unless we have given our prior written consent.
9.3. We reserve the right to cancel or amend the Program and these TaC without notice in the event of force majeure such as a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of our control. You will be notified about any changes to the Program and these Terms and Conditions as soon as possible.
9.4. By registering, each Product Tester agrees to release, discharge and hold harmless ALOHAS, its legal representatives, affiliates, subsidiaries, agencies and their respective officers, directors, employees and agents from any damages whatsoever suffered, sustained or allegedly sustained in connection with the Program.
9.5. This Program is in no way sponsored, endorsed or administered by, or associated with any third-party provider.
9.6. You acknowledge that no employee/employer relationship is established by this agreement or relationship. Alohas will not provide any form of compensation for the participation in the Program.
10. Entire Agreement
10.1. This TaC, including any documents explicitly referenced within it constitutes the entire agreement between you and us. You agree that you have not relied on any statement or information in entering into this TaC which is not set out therein. If there is any conflict between this TaC and any documents expressly referred to within this TaC you acknowledge that this TaC shall prevail and take precedence.
10.2. If any provision or part-provision of this TaC is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the TaC.
11. Governing law and jurisdiction
11.1 The TaC and any dispute or claim arising out of this TaC, including any non-contractual disputes and claims, shall be governed and construed in accordance with Spanish law and subject to the exclusive jurisdiction of the courts of Barcelona, Spain.
12. Contact us
12.1. If we need to contact you, we may do so using the contact details provided by you upon registration with us.
12.2. If you have any concerns, questions, comments, or requests regarding this TaC or any document referred to within this TaC, please contact us at firstname.lastname@example.org