This agreement contains the complete terms of use that apply to users of the Uptownsaddlesranch.com website (“Site”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this Site, you acknowledge and agree to these terms of use. Uptownsaddlesranch reserves the right, at Uptownsaddlesranch discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms at regular intervals for any changes. Your continued use of the Site following any change to these terms will be deemed acceptance of those changes.

USE OF THIS SITE

Weatherbeeta Pty Ltd, Uptownsaddlesranch Saddlery Pty Ltd, and their affiliates (Uptownsaddlesranch, we, us) maintain and operate this website for use by its customers (you).  By using this site, you accept and agree to these terms and conditions, and agree that your continued use of the site is subject to ongoing compliance with these terms and conditions.  Your consideration for entering into these terms and conditions is the provision of the use of the site by us and you acknowledge that such consideration is a valuable consideration.

We may amend these terms and conditions from time to time by notifying you of the amendment.  Your continued use of the site following any such notice will be deemed to be acceptance of such amendments.

You are solely responsible for maintaining the confidentiality of the username and password and for all activities that occur under your account.  You must notify us of any unauthorised use of your account or any other breach of integrity or security of the site immediately upon becoming aware of it.

ONLINE PRIVACY STATEMENT

This statement sets out the basis on which any personal information we collect from you at the point of sale and through Uptownsaddlesranch Online will be processed by us; please read it carefully.  In this statement “personal information” means information or an opinion that allows you to be personally identified.

We collect and process the personal information provided to us through Uptownsaddlesranch Online, plus details of your transactions with us to
• Help manage Uptownsaddlesranch Online and improve the way we run it
• Understand our customers’ shopping habits to improve our service
• Unless you indicate otherwise, contact you with offers and information about products and services that may be of interest to you
• Carry out obligations arising from any contracts entered into between you and us

The information that we collect from you may be held within US and processed by our employees and contractors operating in US who work for us. By submitting your personal information, you agree to this transfer, storing and processing. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this statement. We may disclose your personal information to any member of our group of companies, which means our subsidiaries and our ultimate holding company and its subsidiaries.

We may also disclose your personal information to a third party if we, or substantially all of our assets, are acquired by that third party, in which case personal information held by us about our customers will be one of the transferred assets.  The Privacy Act gives you the right to access personal information held about you. Questions, comments and requests regarding this privacy statement and your personal information held by us are welcomed and should be addressed to Data Protection Compliance Officer, Uptownsaddlesranch, 8 Moancref Rd, Nunawading Victoria. We may also use and share de-identified information relating to groups of customers, without identifying individuals, to learn more about customer behaviour and find ways of enhancing our service.

YOUR ONLINE ACCOUNT

If you are under 18, you may use Uptownsaddlesranch Online only with involvement of a parent or guardian. Uptownsaddlesranch Online and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Personal information provided in your Online Account will only be collected and used in accordance with the Privacy Statement above.

 

TERMINATION

We may terminate these terms and conditions and your access to the site at any time without notice.  In the event of termination you must immediately cease accessing and using the site.

GENERAL

You must not assign your obligations and rights under these terms and conditions.

These terms and conditions, including any policies or documents referred to in these terms and conditions, are the entire agreement and understanding between you and us on everything connected with the subject matter of these terms and conditions and supersedes any prior agreement or understanding on anything connected with that subject matter.

We may send any notices under these terms and conditions by email at the email address provided by you. Notice is deemed to be received when the email leaves our computer system.

The laws of the State of Victoria govern these terms and conditions. The parties submit to the non exclusive jurisdiction of the courts of the State of Victoria and of the Commonwealth of US.

 

USE OF MATERIALS

Personal Use

Uptownsaddlesranch authorises you to print, copy, re-produce, download and view materials on the Site, subject to:

  • the material being used exclusively for personal use;
  • the material not being modified in any manner; and
  • the material must display the following legal copyright notice:

“© Uptownsaddlesranch Limited 2022” – You expressly acknowledge that you must not reproduce, copy, re-design the Uptownsaddlesranch logo. In the event you download material (including software) from the Site, the software, including any files, and/or images incorporated in or generated by the Software, and data accompanying the software (collectively, the “Software”) are licensed to you by Uptownsaddlesranch. You are expressly prohibited from selling, distributing, decompiling, reverse engineering or otherwise dealing with the Software in a like manner.

Commercial use – Copying, reproduction or distribution of material from the Site for any commercial use is expressly prohibited without Uptownsaddlesranch’s express written consent.

BULLETIN BOARDS, CHAT ROOMS AND OTHER ONLINE COMMUNICATION FORUMS

You are expressly prohibited from uploading to, distributing through, or otherwise publish through the Site any inappropriate communication in any form (including, but not limited to text, images, video and/or sound). Inappropriate communications include obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening and/or offensive material.

Commercial use of bulletin boards, chat rooms, and other online communication forums are strictly prohibited without Uptownsaddlesranch’s express written consent.

INFORMATION AT THE SITE

Uptownsaddlesranch updates the Site regularly, however, Uptownsaddlesranch makes no representation as to the accuracy, currency or completeness of any information at the Site. You should not rely on any of the information or services provide at the Site. All information and services at the Site are provided on an “as is” basis, without warranty express or implied and that you use the information and/or services at your own risk.

LINK TO OTHER SITES

One of the services which the Site provides is access to other sites on the internet (including sites located at the Uptownsaddlesranch Shopping Mall) via hyperlinks located on the Site (“Linked Sites”). While Uptownsaddlesranch has used reasonable endeavours to review the Linked Sites, Uptownsaddlesranch is not responsible for the accuracy, legality, decency of material or copyright compliance of Linked Sites.

DISCLAIMER

The materials in this Site are provided “as is” and without warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law, Uptownsaddlesranch disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Uptownsaddlesranch makes no claim as to the accuracy of the content contained in the Site. Uptownsaddlesranch does not accept liability to any person for the information or advice provided on the Site or incorporated into it by reference. Uptownsaddlesranch does not accept any liability for loss or damages incurred by any person as a result of reliance placed upon the content of the Site or any other information incorporated by reference.

Uptownsaddlesranch makes no representation as to the accuracy or any other aspect of the information contained on servers linked to the Site via hyperlinks from the Site.

This information is provided on the basis that all persons accessing the Website undertake the responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your password and account.

You are entirely responsible for any and all activities which occur under your account and agree to indemnify, defend, and hold harmless Uptownsaddlesranch for any liability or expense arising from such use or misuse. You agree to immediately notify Uptownsaddlesranch of any unauthorised use of your account.

Uptownsaddlesranch is not liable to any other party for any consequential, incidental or indirect loss or damage including loss of profit (whether consequential, incidental or indirect) resulting from a breach of this agreement or negligence of Uptownsaddlesranch or its representatives.

This agreement contains the complete terms of use that apply to users of the Uptownsaddlesranch.com website (“Site”).

JURISDICTION

This agreement is construed according to and is governed by the laws of NewYork, US. The parties submit to the exclusive jurisdiction of the courts in and of Victoria in relation to any dispute arising under this agreement.

TERMINATION

This agreement is effective from your first use of the Site until terminated by either party.

You may terminate this agreement at any time by unsubscribing to all services provided by the Site and destroying all materials obtained from the Site, all related documentation and all copies and installations thereof, whether made under the terms of this agreement.

This agreement will terminate immediately without notice from Uptownsaddlesranch, if in Uptownsaddlesranch’s sole discretion, you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from the Site and unsubscribe to all services provided by the Site.