ABOUT THIS WEBSITE

These Website Terms of Use apply to the website owned and operated by Up Aussie Pty Ltd under the domain name upaussie.com (the Website).

Your use of the information, graphics, text, software and materials (Content) on the Website is governed by these Terms of Use. If you do not agree with these Terms of Use you should cease using the Website. The Website is operated in Australia and references to currency are in Australian dollars unless otherwise specified.

INFORMATION AVAILABLE AT THE WEBSITE

Unless expressly stated otherwise, the Content does not:

  • - constitute an offer or inducement to enter into a legally binding contract; or
  • - form part of the terms and conditions for our products and services.

Your use of the information, graphics, text, software and materials (Content) on the Website is governed by these Terms of Use. If you do not agree with these Terms of Use you should cease using the Website. The Website is operated in Australia and references to currency are in Australian dollars unless otherwise specified.

While we strive to ensure that the Content on the Website is correct, we cannot guarantee that all of the Content is completely error-free. Please let us know if you notice any errors and we will seek to correct them. If you purchase goods that do not match the description we gave you, Your Consumer Rights (see below) may entitle you to a refund or repair or replacement of the goods.

Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.

OFFERS

By requesting an offer for goods in the manner described on the Website, you are requesting Up Aussie Pty Ltd to engage in activities so as to enable Up Aussie to prepare a commercial offer for the sale of goods. During the preparation of an offer, you will be requested to provide relevant information needed by Up Aussie Pty Ltd to prepare a commercial offer, and all information provided to Up Aussie shall be treated in accordance to our Privacy & Cookie Policy.

All commercial offers prepared by Up Aussie Pty Ltd shall be governed by Up Aus sie’s standard Terms & Conditions of Sale, which are available on the website here.

Up Aussie Pty Ltd may, in our sole and absolute discretion, reject any Request for Offer made by you for any reason. You may, in your sole and absolute discretion, refuse to accept any commercial offer from Up Aussie Pty Ltd, without any cost.

ORDERS

By accepting a commercial Offer from Up Aussie Pty Ltd and placing an Order in the manner described on the Website, you have entered a legally binding contract to purchase the goods for the price specified on the Offer, which is governed by Up Aussie’s standard Terms & Conditions of Sale, which are included in the Offer and available on the website here.

SECURITY

We use the ANZ Secure Gateway™ service for the secure processing of credit card transactions. We do not store or have access to your credit card details - they are transmitted directly and securely to ANZ Secure Gateway™.

If you are considering sending us any other personal information through upaussie.com or other electronic means, please be aware that the information may be insecure in transit, particularly where no encryption is used (e.g. email, standard HTTP). We are subject to laws requiring us to protect the security of personal information once it comes into our possession.

AVAILABILITY OF THE WEBSITE

While we use reasonable care and skill to ensure the Website is free from defects and harmful code, Internet services are subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software.

In relation to any device which you use to access the Website, we recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software which is specifically designed for all devices you use to access the Website.

YOUR CONDUCT

You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website.

If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.

You agree that you will not, (either yourself or through any third party):

  • - use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through the Website;
  • - take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website;
  • - take any action that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website; or
  • - transmit, distribute, introduce or otherwise make available in any manner through the Website any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses");
  • - use the Websites in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or other information about other users of the Website; or
  • - use any data mining, robots, or similar data gathering and extracting tools in connection with the Website.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

YOUR CONTENT

We may permit you to place Content on the Website (including posting messages, uploading files, inpu tting data or engaging in any other form of communication). By submitting Content for potential inclusion in the Website, you grant to us an irrevocable, perpetual, royalty-free, non-exclusive, worldwide licence to do the following with respect to the Content:

  • - use, reproduce, modify, sublicense, redistribute, adapt, transmit, publish, broadcast and display the Content and create derivative works from the Content; and
  • - sublicense any of those rights to third parties.

You acknowledge that Content that you send to, or attempt to include in the Website, may not reach or be correctly displayed on that Website for a variety of reasons including but not limited to mechanical, software, computer, telecommunications or electronic failure.

You must not send any Content or links for inclusion on the Website which in any way whatsoever:

  • - is fraudulent, misleading or deceptive (including impersonating another person or misrepresenting a connection with another person or entity);
  • - infringes any third party’s copyright, patent, trade mark, trade secret or other intellectual property rights or proprietary rights or rights of publicity or privacy;
  • - violates any law, statue or regulation, or constitutes, or encourages conduct that would constitute a criminal offence (including prohibitions on spam messages);
  • - is defamatory, libellous, unlawfully threatening or unlawfully harassing;
  • - is harmful, threatening, abusive, hateful, offensive, discriminatory, defamatory, obscene, vulgar, pornographic, profane or indecent;
  • - promotes, directly or indirectly, the use or supply of tobacco products or promotes pharmaceutical therapeutic goods not approved for sale in Australia;
  • - impinges on any other user’s use or enjoyment of the Website;
  • - seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • contains any ‘prohibited content’ or ‘potential prohibited content’ within the meaning of Schedule 5 of the Broadcasting Services Act 1992 (Cth).

Any Content that you send to, or attempt to include in the Website may be made publicly available to all users of the Website, and may be indexed and cached by search engines. We may or may not monitor and review user Content.

LINKS

The Website may contain links to third party websites. Our inclusion of these links is not intended to indicate that we sponsor or endorse the operators or Content of linked websites.

YOUR CONSUMER RIGHTS

You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by this Agreement (Your Consumer Rights). In Australia, Your Consumer Rights include that goods will be of acceptable quality and match their description and that services will be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

TERMINATION AND SUSPENSION

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

LIMITATION OF LIABILITY

Nothing in these Terms of Use is intended to exclude, restrict or modify Your Consumer Rights. If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, where lawful we limit our liability to doing any one or more of the following (at our election):

  • resupplying goods or services to you or supplying equivalent goods;
  • repairing the goods; or
  • paying to have the goods or services resupplied or goods repaired.

You must notify us without delay of any loss you suffer in connection with this Website or the Content and take all other reasonable steps to minimise your loss.

Subject to Your Consumer Rights, we are not liable:

  • for any loss that was not reasonably foreseeable to you and us at the time you first used this Website;
  • for any business-related loss including loss of revenue, profits, contracts, anticipated savings, data, goodwill, opportunity, reputation or productivity;
  • to the extent that your loss was contributed to by your negligence or breach or any other matter outside our reasonable control (e.g. industrial action or third party equipment, networks, viruses or malware); and
  • any loss to the extent contributed to by your negligence or breach.
COPYRIGHT AND TRADE MARKS

Copyright in the Content on this Website is owned or licensed by us, unless indicated otherwise. Except where necessary for viewing the Content on this website or your browser, or as permitted despite these Terms of Use under the Copyright Act 1968 (Cth) or other applicable laws, no Content on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of us or our licensor(s) (as appropriate).

Trade marks used on this Website are owned by us or third parties. You must not use trade marks on this Website except as authorised by the owner or by law. Nothing contained on any of the Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade marks without our written permission or the written permission of the third party owner.

CHILDREN

Access to and use of the Website is made available only to people who can form legally binding agreements under applicable law. The Website is intended for a general audience and are not intended to be used by minor children. Children accessing the Website should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Websites, you will be solely responsible for: (i) the online conduct of the Minor; (ii) monitoring the Minor's access to and use of the Website; and (iii) the consequences of any use of the Website by the Minor.

ADDITIONAL TERMS

We may supplement these terms of use with additional terms pertaining to specific matters or Content (Additional Terms). Those Additional Terms may be placed on the Website or otherwise made available to you.

CHANGES TO THESE TERMS OF USE

We may at any time vary the ongoing Terms of Use by publishing the varied Terms of Use on the Website. You accept that by doing this, we have provided you with sufficient notice of the variation. Use of the Website and the Content at any time is governed by the current Terms of Use on the Website at that time.

PROMOTIONS

*Sale offer available instores and online at Coachaustralia.com for a limited time only whilst stock lasts. Selected merchandise only; products may vary by location. Prices may vary instores and online. No price adjustments for prior purchases. Cannot be combined with other offers. Discounts is not applicable to taxes or shipping charges.

We will, from time-to-time, make available to you offers & discounts in the form of a Promo Code or Special Pricing. These are subject to the terms & conditions communicated to you when the offer is made available. Conditions apply. All vouchers are valid for one time use only. One voucher per transaction. Not redeemable for cash. Customers must be registered and logged in to redeem voucher. Valid at Coach Flagship stores and Online. Cannot be combined with any other offer. Only available on full priced items. No offer is available on keys fobs/chains, charms, product care or conditioner.

Products excluded may differ instore.

JURISDICTION

The law applicable to the Website and to disputes arising out of the Website is the law of the State of New South Wales, Australia.

Up Aussie Pty Ltd ABN __ ___ ___ ___

Last updated – 01/12/2016

Top