Terms & Conditions
Pro:Direct. Pro:Direct Soccer, Pro:Direct Running, Pro:Direct Tennis, Pro:Direct Cricket, Pro:Direct Rugby, Pro:Direct Basketball, Pro:Direct Select and Pro:Direct Fit are all trading names and registered trademarks of Pro-Direct Sport Limited.
This website is operated by Pro-Direct Sport Ltd and its subsidiaries and affiliates (collectively, "us", "we" or " Pro-Direct Sport Ltd").
You may wish to open these terms and conditions in another browser window, so you may print them out.
Ownership and Operation
Pro:Direct is operated by Pro-Direct Sport Limited Pro-Direct Sport is a company incorporated in England and Wales, VAT number GB115152945, company number 04245687. Our registered office is at Torre House, Shaldon Rd, Newton Abbot, Devon, England, TQ12 4PQ
You will need to register with Pro:Direct to place an order for products through this website.
In return for permitting you to use any of the Pro:Direct websites and benefiting from our services, you agree that any information you provide to us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied, any contractual obligation Pro:Direct has is immediately null and void.
Conditions of Registration
If you are under 18, you must ask your parents or guardians before you:
- Email Pro:Direct or post a website comment
- Request Pro:Direct e-mail anything to you
- Send in any information to Pro:Direct
- Purchase anything online
By continuing to use this website and any of the services offered, you are confirming that you have received the consent of a parent or legal guardian. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents before they complete the registration process.
You acknowledge and agree that all content included on this website including, but not limited to, website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof shall remain always vested in Pro:Direct or its content suppliers and is protected by UK and international copyright laws. You are permitted to use this material only as expressly authorised by the applicable rights holder. Subject to the foregoing, the page headers, custom graphics and button icons are (unless indicated otherwise) service marks, trademarks, and/or trade dress of Pro:Direct.
All software used on this website is the property of Pro:Direct and is protected by UK and international copyright laws ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this website for the purposes of placing an order with Pro:Direct and using this website as a shopping resource ONLY. Any other use of materials on this website, including but not limited to, reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting, republication, downloading or uploading without the prior written permission of Pro:Direct is strictly prohibited.
Notification of Copyright Infringement
Pro:Direct will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Legal Department with a notice containing the following elements.
- A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- A description of the copyrighted work or works that you claim have been infringed and which you request to be removed from the site;
- A description of the location of the material that you claim is being infringed;
- Information sufficient to permit Pro:Direct to contact you, such as your physical address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law;
- A statement by you that the information in your Notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.
You can notify Pro:Direct of any claims of copyright infringement at the following address:
Pro:Direct, Torre House, Shaldon Road, Newton Abbot, Devon TQ12 4PQ
You acknowledge and agree that trademarks included on this website shall remain always vested in, Pro:Direct or any third-party licensing use thereof to Pro:Direct (as applicable). You further undertake not to use any such trademarks without the prior written consent of Pro-Direct Sport Limited, Pro:Direct Trademarks or Third-Party Trademarks without the prior written consent of Pro:Direct or such third parties as own the applicable trade mark. The Pro:Direct logo is an official trade mark of Pro:Direct and is the subject of extensive trade mark registration worldwide.
For further information on intellectual property matters contact us: Pro:Direct, Torre House, Shaldon Road, Newton Abbot, Devon TQ12 4PQ.
Content Supplied by Users
If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including without limitation moral rights, proprietary rights or any other right, including the right to approve the way in which Pro:Direct uses such material.
Any material submitted to this website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by Pro:Direct anywhere in the world, in any medium, in perpetuity.
Amending the Terms And Conditions of Use
Pro:Direct reserve the right to add to, amend, change or remove any part of these Terms and Conditions at any time. When material changes are made to the Terms and Conditions, a notice will be published on the home page of the Pro:Direct website notifying users that such changes have been made. By continuing to use this website after the publication of such a notice, you are indicating your acceptance of those changes. Pro:Direct may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.
You agree that you will only use our website in a way which is consistent with the Terms and Conditions and which complies with applicable laws and regulations. You agree that you will not use this website to upload or send any material which contains software viruses or other codes, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website. You acknowledge that this website and any goods that you obtain from our website are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.
Many of the product images displayed on Pro:Direct websites and in advertisements and catalogues have been created by our own professional team of photographers, as most product is initially sold on a Pre-Order basis the image may display the manufacturer sample, the final released product may have slight differences in terms of colour or pattern. Once the final released product is received at PDS if we notice any differences to the sample the product will be re-shot and image changed on the websites.
Disclaimer: Whilst every effort is made to ensure product images and descriptions are correct when submitted on PDS websites we will not be held responsible for any changes made by the manufacturers. Please though read our FAQ on what to do if you are unhappy with a product you have received.
Our FAQ section tells you how to order and pay for products. It also addresses any questions you might have about delivery of your products, your right to cancel orders or return faulty products to us and our quality assurance.
As part of the initial order confirmation process we will request Pre-Authorisation of payment from your card issuer, this will show as a pending transaction for the full value of the order, this payment will only remain pending for a limited time should we not be able to complete your order. Payment is captured when we Dispatch goods to you.
If you are purchasing a Pre-order Item which isn’t currently in stock, we will still process a Pre-Authorisation when the order is first placed but depending on the time until stock becomes available we may need to process a new transaction capturing relevant funds at that point when stock arrives. Please make sure you have adequate funds in your account around the stock due date.
Pro:Direct reserves the right to decline orders for bulk or high value purchases and to change price and availability information without notice.
All orders placed through the Website are subject to Pro:Direct acceptance. This means that Pro:Direct may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Pro:Direct will issue you a refund.
If goods are being delivered outside of the EU, we will remove any VAT (Value Added Tax ) applied at the prevailing rate by the UK government to goods purchased. Once the package reaches its destination country any customs or import duties levied by the government of the destination country must be borne by the recipient.
Although Switzerland is outside of the EU, VAT at the Swiss rate will be applied to orders being delivered to Switzerland.
Please note that the prices displayed as VAT inclusive will be the full price charged to customers in Australia and the United States and no deductions will be made on sales made to these countries. Although customers in these countries do not pay VAT we do not reduce the price paid.
For customers in Australia – the price that you pay will be the full price charged to UK/EU customers and the VAT element will not be deducted, despite the sale not attracting VAT in the UK. The full amount does however include Australian GST, if your total order value is less than AU$1,000. As Pro:Direct is registered for GST with the ATO, as long as your order is valued at less than AU$1,000 you are not liable for any additional import taxes when your order arrives in Australia and the full price paid enables us to pay the GST and cover costs associated with administering this process. If your order exceeds a value of AU$1,000 you will be liable to pay GST and possibly additional import costs and/or duties when the order arrives in Australia. Pro:Direct cannot cover these costs and we recommend that you contact us if you wish to place an order with a value of over AU$1,000 so that we can advise on the best way for you to place your order.
For customers in the United States – the price that you pay will be the full price charged to UK/EU customers and the VAT element will not be deducted from the price that you pay, despite the sale not attracting VAT in the UK. The price paid does not include any local taxes for the US so please be aware that you may still be liable for import fees and local taxes.
Pro:Direct accept no liability for any additional charges levied by the government of the recipient country. By placing an order on our website, the customer acknowledges the recipient accepts liability for any charges applied by their government ( including, but not limited to taxes, duties, holding fees ).
Pro:Direct has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country and are subject to change. Pro:Direct would advise each customer to contact their local customs office for further information prior to placing any order.
Furthermore, Pro:Direct will also not be liable for any further costs incurred because of customers refusing to pay the applicable customs charges and will charge accordingly for any charges incurred by Pro:Direct because of the recipient’s refusal to pay the applicable charge levied by Customs.
Customers outside the UK should be aware Pro:Direct will take payment in Sterling; any conversion shown on the website to USD or Euro is purely a guide calculated at that day’s exchange rate, however your bank or card issuer may not offer the same rate. Pro:Direct will not be liable for any further charges your card issuer may levy.
Please note that any promotions/offers on the website cannot be used in conjunction with any other discounts. Promotions/offers on one of the Pro:Direct websites will only usually apply to that website and not the whole family of Pro:Direct websites.
Pro Direct Sport will endeavour to display availability as accurately as possible.
If we are unable to supply the goods requested we will aim to assist you in finding a suitable alternative upon which you are happy with, however Pro Direct Sport will not be bound to offer alternatives to a greater value than the item originally chosen, and a difference may be required to be paid.
If you do not wish for an alternative product we will cancel the order and any pending transaction promptly, please be aware that funds may take several days to reallocate in your account.
If we do not receive all an order from a supplier Pre-orders will be fore filled in chronological order, we will contact any customers whom have missed out with either alternatives or refunds as mentioned above.
Pre-Order dates are provisional and although we do receive most stock on time we cannot be held responsible for any costs incurred for your time, or services paid for if there are delays or non-supply of product.
In accordance with the Consumer Contracts Regulations 2013 you have 14 consecutive days from the day after you receive your parcel to cancel your contract with us.
Should you wish to do this we require written notification via email or post. You may do this either before you receive your parcel, or it can be placed within the parcel upon its return.
If goods have been dispatched, you will be expected to cover the cost of return or pay for the cost of retrieval if the courier hasn’t yet delivered. For parcels larger than two shoe boxes or weighing over 5KG, please contact our Customer Service team who may be able to advise a more cost-effective returns method or arrange collection at cost to you.
We regret that we are unable to cancel orders for personalised items if the personalisation process has begun. We therefore advise that you contact us, preferably by telephone, very promptly after placing your order if you wish to cancel. If the personalisation has not already begun, cancelling the order will not be an issue. In this instance, we will issue a full refund and completion of the cancellation form is not required.
Any non-personalised cancelled items must be returned to us in resalable condition, unused and complete with original packaging. When returning, please protect product packaging by using additional outer packaging to return. Avoid placing postage labels or tape on the product packaging as they may otherwise be deemed as not resalable.
Pro:Direct will initially Pre-authorise funds for the full order total at the point of ordering, however payment is captured for all pre-ordered items just before they are dispatched from our warehouse or, in the case of personalised items, payment is captured before they are sent for personalisation. Therefore, Pre-Authorised funds may reallocate into your account if stock arrives more than 5 days after the order is placed, a new transaction will then be processed when stock arrives, please ensure you have funds available near the expected stock due date.
Pro Direct Sport has no control over and does not accept responsibility for the length of time it takes for funds to be released back to your account.
Pre-Order dates are provisional and although we do receive most stock on time we cannot be held responsible for any costs incurred for your time, or services paid for if there are delays or non-supply of product.
By submitting your payment details to Pro Direct Sport, you accept that we will capture funds at the time stock is available for dispatch, Pro Direct Sport will not accept liability for any charges applied by your card provider relating to the transaction.
Pro:Direct regret that once an order containing Personalised items has been picked it cannot be changed or cancelled.
All Personalised Items cannot be returned unless deemed to have a genuine fault of manufacturer.
Pro:Direct reserves the right to utilise our knowledge and expertise in positioning the personalisation on the product. Examples shown represent what the personalisation will look like on a finished product and provides an idea of the general places we personalise a product.
Our experienced team will also choose the most appropriate colour for the personalisation. However, if you would like a specific colour, please do not hesitate to contact our Customer Service Team to request this. (Please place the order over the phone or contact us by phone immediately after you have placed the order to advise us of your preferred colour).
For Team sport clothing, please note that once a sample has been approved, you will not be able to make any changes. Colour tones can vary based on lighting available, so if you require a higher definition photo of the sample, please do not hesitate to ask. (If exact colours are required, please advise of the specific Pantone shade).
If there is an item in your order that you have requested to be personalised and it is not currently in stock, it may delay the whole order unless you give us your written consent to personalise and dispatch the items we do have in stock. However, please be aware that, should there be any issues with obtaining the stock from our suppliers that results in any backorder items being cancelled from your order, we will not be able to accept back the part of the order that we have already personalised.
For embroidered personalisation options, names are embroidered on the lateral (outer) side of the boots, while flags are embroidered on the medial (inner) side. If only a flag is requested, with no name personalisation, it will likewise be embroidered on the medial side.
For heatpressed personalisation options, names and flags are both heatpressed on the lateral (outer) side of the boots. If only a flag is requested, with no name personalisation, it will likewise be heatpressed on the lateral side.
Parcels Lost in Transit
Whilst goods are in transit to you Pro Direct are responsible for ensuring delivery is at least attempted, and in the case, you are unavailable to receive at the address you given to us we will supply enough assistance, so you can locate and collect your order from the relevant delivery agent.
If you do not receive your parcel within the specified delivery time shown in the Basket, please track your parcel using the information provided in the Dispatch notification you received from us, if this doesn’t assist with locating your parcel please contact our Customer Service team by phone or email.
We ask that we be given enough time to investigate with our delivery agents before either replacing or refunding goods, investigation time is often longer for parcels sent outside Europe.
We will not keep you waiting unnecessarily as we find in most cases parcels are located after investigation and are then received quicker than sending a replacement. Estimated time to process is currently 7/14 working days.
If delivery is to a commercial address (work/hotel) rather than a residential address, responsibility for locating the parcel rests with the customer as soon as we can confirm the parcel has been delivered to the reception area of the requested building. Pro:Direct accept no liability for parcels lost or misplaced after delivery is confirmed.
All goods supplied by Pro:Direct are from official sources and covered by the normal manufacturer's warranty. You can return any item within 28 days of receipt for a refund or to exchange the same item for an alternative size, but the items returned must be in their original condition, which includes any packaging. For example, shoes are to be returned along with the original shoe box, any tags attached and in new condition, (not used outside or on an abrasive surface).
UK customers - If you wish to return goods, please ensure that the item is adequately packaged, complete the returns form on the dispatch note and if required, include a brief note in the parcel to explain why the item is being returned.
You can visit http://www.royalmail.com/track-my-return/create/52 to create a free returns label. Please keep the receipt or tracking number of your returned package in the event it is delayed or lost in transit. We cannot be held responsible for items lost or delayed in transit on the way back to us. Please note that we are unable to accept returns made in person to our Head Office.
Customers outside of UK – If you wish to return orders from outside of the UK you should contact our customer service team before making a return. Our team will advise on the best way to resolve the return query.You should arrange for the item to be returned to us using a carrier of your choice. We recommend that you return your item via recorded/tracked delivery (using your national courier service is the most cost effective) as you are liable for the item until it is received by us and signed for.
You should return the item to the following address: Returns Department, Torre House, Shaldon Road, Newton Abbot, Devon TQ12 4PQ.
Please ensure that before passing your parcel to the carrier it is clearly marked as 'Returned British Goods - No Duties Due'. Failure to do so may prevent us from being able to accept your return.
Pro: Direct shall only reimburse your returns costs for a product if it is declared faulty by the returns department or if we have sent you an incorrect product. Please retain your receipt for the cost of returning the item. When you send this receipt to us, we will be happy to reimburse you these costs up to the following level: - Returns being made from the EU - a maximum of £20/€23
- Returns being made from outside the EU - a maximum of £40/€45/US$65/AU$65
Faulty products - If you are not able to find a carrier please send us some pictures of the damage and we will see if we can process your claim without receiving the item back. Please note that we are not always able to process claims of faulty goods using images alone.
All goods will be inspected on return. We reserve the right to refuse a refund or exchange if the goods returned are deemed to be damaged or tampered with not in accordance with normal use. This does not affect your statutory rights.
Personalised items - Regrettably, we cannot accept a returned item that has been personalised unless it is a fault of the manufacturer.
If you believe that you have received a faulty product or there has been an error when personalising your item, please contact our customer service team who will be happy to help.
( ADR ) Alternative Dispute Resolution
If you are unhappy with the service or product you have received from us, we have dedicated and experienced complaint handlers who will endeavour to resolve any complaint or grievance that you may have.
However, should you wish to dispute a decision we have made and would rather raise this with an independent body, rather than with ourselves directly, please see the following link for the Consumer Ombudsman.
This site is for the use of European customers: http://www.consumer-ombudsman.org/
Pro:Direct may provide links to websites owned by Pro:Direct and associated companies from time to time and/or websites that are owned by third parties that are not connected with Pro:Direct including other websites owned by Pro-Direct Limited. All links are provided for your convenience only. Access to websites that are owned by third parties is at your own risk and none of Pro:Direct has any responsibility or liability for such third-party websites.
The Website may contain services and features that are available to certain mobile phones. Your carrier normal rates and fees apply. If Pro:Direct charges you for a mobile service, you will first be notified and asked to accept any charges. Not all mobile services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using Pro:Direct mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use if these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
Pro:Direct allows you the option to publish about the actions you take on Pro:Direct Website to Facebook, Twitter and other social platforms. Pro:Direct does not control which information gets disseminated on participating social platforms. You agree to allow Pro:Direct to check your Pro:Direct cookies when you are visiting participating social platforms and allow Pro:Direct to receive information about your use of those social platforms. You can deactivate this publishing feature on your profile page.
Pro:Direct will endeavour to ensure that this website is always fully operational . However, we cannot guarantee that the website will be fault free. Access to this website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.
Further, by using this website and any sub-site, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of Pro:Direct and if Pro:Direct is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a force majeure and Pro:Direct shall be excused the performance for so long as such a situation endures.
For the purposes of these Terms and Conditions, the term force majeure shall be deemed to include any cause affecting the performance by Pro:Direct of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of Pro:Direct and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
Pro:Direct reserves its right to restrict, suspend or terminate your use of this website or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and Conditions.
You agree to indemnify, defend and hold Pro:Direct, all of their associate companies, their directors, employees, information providers, licensor and licensees, officers and partners, (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will co-operate as fully as reasonably required by Pro:Direct as the case may be, in defence of any claim. Pro:Direct reserves the right, at their own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of Pro:Direct.
Alterations We may amend this website and our services in any way and at any time with or without notice to you.
Complaints and Comments
If you have any complaints or comments about our website or any of the products supplied to you, please contact Pro:Direct by calling our Customer Service Team on the number advertised on the relevant Pro:Direct website, by emailing email@example.com or through the Contact Us section on the website. Our Customer Service Team are available 7 days a week, from 9am until 9pm weekdays, 9am until 5.30pm Saturdays and 9am -3pm on Sundays and Bank Holidays. Please allow 24hrs for us to respond to website comments and emails.
In situations where Pro:Direct gives you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions.
Website Use Restrictions
Limitation of Liability
To the fullest extent permitted by applicable laws, none of Pro:Direct nor any of their respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if Pro:Direct have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall Pro:Direct accept liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.
To help prevent credit/debit card fraud, we may request additional information should we have any concerns with your order. This additional information would be proof of billing address or simply a conversation with you, so we can discuss our concerns.
Pro:Direct will never cancel or not accept an order without liaising with the customer unless we are certain the order was not genuinely placed by the cardholder.
Any details which are confirmed as fraudulent are passed to the UK police force in cooperation with Action Fraud (https://www.actionfraud.police.uk/). Credit card fraud is illegal, and we will fully cooperate with all domestic and international police/crime prevention agencies and seek to prosecute all perpetrators of the law.
If you have any concerns/questions regarding our fraud processes, or you are in law enforcement and require information regarding a specific transaction, please contact firstname.lastname@example.org and a member of our Business Protection team shall be in contact.
Pro:Direct is not responsible or liable for any User Generated Content or other Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Generated Content, Content, and the materials and products on this Website are provided and without warranties of any kind. To the fullest extent permitted by law, Pro:Direct disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a purpose and non-infringement. Pro:Direct cannot guarantee and does not promise any specific results from use of the Website. Pro:Direct does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Pro:Direct does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content (including any mobile client) at your own risk, and that you will be solely responsible for your use and any damage to your mobile device or computer system, loss of data or other harm of any kind that may result. Pro:Direct reserves the right to change all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
These Terms and Conditions and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of England and Wales whose courts shall be courts of exclusive competent jurisdiction. We make no representation that materials on this Site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Customers who access this website from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under English law.
Pro:Direct shall not be liable for any failure to perform its obligations where such failure is a result of acts of Nature (including fire, flood, earthquake).