Website Terms of Use

1.     Warm Welcome from Upcoming 

1.1        Welcome to Upcoming and thank you for visiting us!

1.2        These Terms of Use ("Terms”) govern your access to and use of Upcoming.  Please  read these Terms carefully and contact us if you have any question.

1.3        In these Terms, "our” "we” or "us” means Upcoming Pty Ltd (ACN 654 661 711) - the owner and operator of Upcoming and its related bodies corporate.

1.4        By accessing or using Upcoming, you agree to be bound by these Terms and our Privacy Policy as amended from time to time.  If you do not agree with our Terms, you must stop using our platform immediately.

2.     Use of Upcoming

2.1        You agree that:

(a)          we grant you a limited, non-exclusive, non-transferable and revocable license to use Upcoming  in accordance with these Terms;

(b)          you must not do anything on our platform that is unlawful, prohibited, inappropriate, or anything that may be abusive or defamatory to us or our users;

(c)           you must not impose on our platform any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation.

2.2        You are solely responsible for any material, content or data that you (a) post, publish or otherwise transmit through the platform, if available, and (b) obtain through accessing   or using our services ("User Content”). We reserve the right to remove any User Content for any reason without prior notice.  You grant us a royalty-free, worldwide, perpetual, irrevocable, non- exclusive, transferable, assignable, sub-licensable licence to use, reproduce, modify, remove, copy, store and exploit your User Content for our business or commercial purposes.

2.3        You must not do the following, or attempt to:

(a)       interfere with security-related or other features of the platform;

(b)      use data mining, robots, screen scraping or similar data gathering and extraction tools on the platform; or

(c)       interfere with or disrupt the platform, servers or networks that host the platform.

2.4        To access some features of the platform, you must register an account [ML1] [MOU2] with us.  To register for an account, you must provide us with accurate and current personal information including your name, address, and a valid email address.  You must only register one account.

2.5        To place orders you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.  If you are under 18, you may only place an order if a parent or guardian is involved.

2.6        To the extent permitted by law, you are solely responsible for any activity that occurs on your account (including all orders placed using your account). You must keep your account password secure. You are responsible for all activity on your account, including unauthorised use or if you fail to keep your account login information secure. We may refer any fraudulent or abusive or illegal activity to the relevant authorities, in our sole discretion.

2.7        You must not use someone else’s account without our, and the other person’s express permission. If you suspect or become aware of any unauthorised use of your account or that your password is not secure, please contact us immediately and take steps to re-secure your account (including changing your password).

2.8        Information about goods on the platform is provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including Australian Consumer Law) we cannot be held responsible for any inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

2.9        Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the platform.  In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.

3.     Third party websites

3.1        Upcoming   may contain   links and other   pointers   to internet websites or applications operated by third parties.   We do not control and are not responsible for these   linked websites   and their contents.  Your access to any such websites is entirely at your own risk, so please contact the relevant third-party directly to make inquiries concerning the information prior to entering into a transaction with them.

4.     Intellectual property

4.1        In  these   Terms,  "Intellectual  Property  Rights”,  in  relation  to Upcoming means  all intellectual property rights, including all copyright, patents,  trade-marks,  design rights, trade secrets, circuit layouts, source  code, domain names,  logos, button  icons, scripts, design elements, graphics,   know-how  and   other   rights   of   a   similar  nature   worldwide, whether  registered  or unregistered,  and any applications  for registration or rights to make such an application.

4.2        We  own  or  are   the   licensee   of  all  rights,  title  and  interest   (including Intellectual  Property  Rights) in  Upcoming  and  to  the  material made available to you on Upcoming (collectively, "Content”). Your use and access to Upcoming does not grant or transfer any Intellectual Property Rights in relation to the Content of our platform.

4.3        You   must   not   modify,   copy,   distribute,    transmit,    display,   perform, reproduce,  publish, license,  commercially exploit, reverse  engineer,  create derivative works from, transfer  or sell any Content or any other  material in whatever  form contained  within the  Upcoming  unless  expressly stated  otherwise  in these  Terms.

4.4        For clarity, you retain all of your ownership rights in your User Content.

4.5        However, by submitting User Content  to Upcoming  you grant us a worldwide, non-exclusive,  royalty-free,  sub-licenseable and transferable licence  to use, reproduce,  distribute,  prepare  derivative works of, display, publish,   adapt,   make   available   online   or   electronically   transmit,   and perform  the  User  Content  in connection with our business,  including for promoting   and  redistributing   part  or  all  of  our  services   in  any  media formats  and through any media channels.

4.6        The obligations accepted by you under this clause survive termination or expiry of these Terms.

5.     Limitation of liability and warranty 

5.1        To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, suffered or incurred by you or any third party in connection with your use of Upcoming.

5.2        Everything on  Upcoming  is  provided to users "as is” and "as available". We do not warrant or represent that:

(a)       our platform or services will meet your requirements or                      expectations;

(b)       the accuracy of the captioning, keywording, heading, or any other information, representation or thing depicted on or associated with the platform;

(c)        that the platform or any of our services will remain available, uninterrupted, timely, or error free; or

(d)       that any errors or defects   on the platform or our services will be corrected.

(e)       You use and act on our platform at your own risk.

6.     Indemnity

6.1        You agree to indemnify and hold harmless Upcoming, and our respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses, including reasonable legal and accounting fees (including costs of defence of claims, suits, or proceedings brought by third parties), in any way related to:

(a)        your access to or use of Upcoming and our services;

(b)        your User Content; or

(c)         your breach of any of these Terms.

6.2        This indemnity is a continuing obligation and survives termination or expiry of these Terms.

7.     Termination and discontinuation 

7.1        We may terminate or suspend your right to access or use our platform or services immediately without notice for any reason.

7.2        We may discontinue, suspend or limit access to our platform at any time.

7.3        We are not responsible for any liability you may suffer arising from or in connection with our rights under this clause.

8.     Changes to the Terms 

8.1        We may revise these Terms from time to time and the most current version will always be posted on Upcoming.

8.2        By continuing   to   access   or use   the   platform   after   revisions   become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the platform.

9.     Jurisdiction 

9.1        These Terms are governed by the laws of Victoria, Australia and any dispute relating to these Terms shall be determined by the courts of Victoria.

9.2        If you access our platform outside of Australia, we do not represent that our platform complies with the laws of the country in which you reside.

© Upcoming.  ALL RIGHTS RESERVED.

These Terms of Use were last updated on 1 Nov 2023.