Kate Spade Community App Terms of Use

These Terms of Use, together with any other legal terms or technical requirements communicated to you (collectively, the “Terms”), govern your access to and use of Kate Spade Community App. By accessing Kate Spade Community App, you (“you” or “your”) accept and agree to abide by all provisions set forth herein as well as the terms and conditions contained in Tapestry’s Privacy Policy (“Privacy Policy”), which is available at https://malaysia.katespade.com/ks-privacy-policy. To the extent that any conflicts exist between these Terms of Use and the Privacy Policy, these Terms of Use will control.

Do not use Kate Spade Community App if you do not accept and agree to these Terms of Use. Unless otherwise referenced herein, any reference to "Tapestry" shall include Coach Malaysia Sdn. Bhd. and all of its affiliates. If any material on Kate Spade Community App, or your access or use of Kate Spade Community App, is contrary to the laws of the place where you are when you access it, Kate Spade Community App is not intended for you, and Tapestry asks that you do not to use Kate Spade Community App. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Eligibility & Registration

Kate Spade Community App is intended for use by legal residents of Singapore, Malaysia and Indonesia only. Without prejudice to the generality of the foregoing, Kate Spade Community app is not intended for use by residents in the European Union. If you are not a resident of Singapore, Malaysia or Indonesia, you must not register for an account on Kate Spade Community App and must stop accessing Kate Spade Community App immediately.

To register for an account on Kate Spade Community App, you will be required to provide us with certain personal details. In particular, you will be required to provide us with your name, country of residence, gender, day of birth, mobile number, e-mail address and/or other contact details as indicated. The information and personal details that you provide us upon registration shall be processed in accordance with Tapestry’s Privacy Policy. When you use Kate Spade Community App, you agree to the processing of your information and details, and you confirm that all information and details provided by you are true, accurate and up-to-date. You agree that you shall not misuse Kate Spade Community App by creating multiple accounts.

Upon registration for an account on Kate Spade Community App, you will need a password for your account. You are responsible for ensuring your account details including your password remain confidential, current, complete and accurate. You are responsible for all activities that occur under your account and/or password (authorised or not) as if such activities were carried out by you. You shall notify us immediately if you become aware of or have reason for suspecting that the confidentiality of your account details including your password has been compromised or if there has been any unauthorised use of your account or if your personal data requires updating. You can and should update your personal information within your account settings.

If you access and use Kate Spade Community App on behalf of another person, you represent that you have the authority to bind that person as the principal to these Terms of Use. To the extent that you do not have such authority, you agree to be bound to these Terms of Use and you accept liability for harm caused by any wrongful use of Kate Spade Community App or the content therein.

Kate Spade Community App is available only for your personal use, which shall be limited to viewing the Kate Spade Community App, providing information to or retrieving account related information from Kate Spade Community App for your personal review and management of your Kate Spade customer account. You agree and undertake that you shall not:

access or use of Kate Spade Community App for any illegal purpose or in violation of any applicable laws. You agree that you shall access and use Kate Spade Community App in good faith;
attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to Kate Spade Community App;
interfere with another user’s utilization and enjoyment of Kate Spade Community App; or
circumvent, disable or otherwise interfere with security-related features of Kate Spade Community App or features that prevent or restrict use of any content or enforce limitations on use of Kate Spade Community App or the content. You shall not interfere with or disrupt Kate Spade Community App, or servers or networks connected to Kate Spade Community App, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers.

Minors

Kate Spade Community App is intended for use and access by people who can form legally binding agreements under applicable law. Persons under the age of 18 accessing or registering for an account on Kate Spade Community App should obtain the permission and assistance of a parent or legal guardian. If you are under 18 years of age, you may register for an account on Kate Spade Community App only with the prior consent of your parent or legal guardian. If you do not have prior consent from your parent or legal guardian, you must not register for an account on Kate Spade Community App and must stop accessing Kate Spade Community App immediately.

If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to register for an account on or access Kate Spade Community App, you will be solely responsible for: (i) the online conduct of the Minor; (ii) monitoring the access to and use of Kate Spade Community App by the Minor; and (iii) the consequences of any use of Kate Spade Community App by the Minor.

IT IS YOUR RESPONSIBILITY TO READ THESE TERMS. PLEASE DO NOT REGISTER FOR AN ACCOUNT ON KATE SPADE COMMUNITY APP OR ACCESS KATE SPADE COMMUNITY APP IF YOU DO NOT AGREE TO THESE TERMS.

Communications

Communication(s) related to important usage changes, including changes to these Terms of Use or Tapestry’s Privacy Policy, may be sent to all registered account holders (herein referred to as “Customers”), regardless of their opt-in or opt-out status for marketing purposes, at the email address provided on Customer’s Kate Spade Community App account, as may be updated by Customer from time-to-time. Customer does not need to be opted-in to receive Kate Spade marketing in order to register for an account on Kate Spade Community App; however, Customers who are opted-in will receive emails informing them of sales, promotions, and any other marketing material from Kate Spade or Tapestry affiliate brands. If a Customer who is opted-in to receive marketing chooses to terminate their Kate Spade Community App account, Customer will continue to receive marketing materials. If Customer wishes to unsubscribe from all marketing from Kate Spade, Customer must click the unsubscribe link within any marketing email received from Kate Spade or follow the procedure outlined in Tapestry’s Privacy Policy, available at https://malaysia.katespade.com/ks-privacy-policy.

Data Privacy

Tapestry collects and processes your personal information in order for you to participate in the Kate Spade Community App account usage. Information about how we collect and use your personal information is provided in Tapestry’s Privacy Policy, available at https://malaysia.katespade.com/ks-privacy-policy.

Tapestry may access, preserve and disclose your account information, including if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

comply with legal process;
enforce these Terms of Use;
respond to your requests for customer service or otherwise communicate with you;
verify and process your personal or payment particulars; or
protect the rights, property or personal safety of Tapestry (and its employees), its users and the public.

Right To Revoke

In the event that Tapestry determines that you have failed to comply with these Terms of Use, for example through fraudulent use of your Kate Spade Community App account or otherwise engage in deception, fraud, or forgery in relation to the your Kate Spade Community App account, Tapestry reserves the right to terminate usage of your Kate Spade Community App account or your Kate Spade Community App account(s) altogether. Tapestry also reserves the right to terminate the accounts of persons residing outside of Malaysia and Minors.

Account Closure

You may cancel or delete your Kate Spade Community App account by entering your account, going into the “Contact Us” page, and writing a cancellation request in the “Your Comments” area. Customer accounts that are closed are not deleted. If you wish to exercise your right to deletion of personal data pursuant to applicable personal data protection laws, please contact the Tapestry Privacy Team by sending an email to privacy@tapestry.com.

Governing Law

All matters relating to these Terms of Use, usage of your Kate Spade Community App account, or any dispute/claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any choice or conflict of law provision.

Disputes

Any dispute relating in any way to these Terms of Use, your access and use of Kate Spade Community App, or to any purchase, return or other transaction with Kate Spade Community App shall be submitted to arbitration in Singapore. However, if you have in any manner violated or threatened to violate any Tapestry Intellectual Property right, Tapestry may seek injunctive or other appropriate relief in Malaysia. You consent to exclusive jurisdiction and venue of Singapore. Any arbitration under this agreement and these Terms of Use shall be conducted under the prevailing rules of the Singapore International Arbitration Centre. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Disclaimers

While Tapestry attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. You assume all responsibility and risk with respect to your use of Kate Spade Community App.

Usage of Kate Spade Community App is provided “as is”. Subject to any rights you have under any consumer protection law or any other laws that cannot be excluded by virtue of Malaysia legislation, Tapestry excludes all implied terms, representations and warranties whether express, implied, statutory or otherwise, with regards to Kate Spade Community App or the subject matter of these Terms of Use. Tapestry does not warrant that Kate Spade Community App is free of computer viruses, bugs or other harmful components. Tapestry does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. Tapestry does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information or data disclosed or accessed through Kate Spade Community App. Tapestry does not have any duty to update Kate Spade Community App and Tapestry shall not be liable for its failure to update such information. It is your responsibility to verify any information contained on Kate Spade Community App before relying upon it. Tapestry does not assume any liability or responsibility for Kate Spade Community App, your Kate Spade Community App account or its workability or functionality, including functionality with any technological device. Tapestry also does not warrant that Kate Spade Community App usage will run properly on all hardware or information technology environments or will operate at any given time.

Tapestry makes no warranties of any kind regarding any non-Tapestry websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and Tapestry makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Tapestry sites.

Limitation of Damages

(a) SUBJECT TO ANY RIGHTS YOU HAVE UNDER ANY CONSUMER PROTECTION LAW OR ANY OTHER LAWS THAT CANNOT BE EXCLUDED BY VIRTUE OF MALAYSIA LEGISLATION, IN NO EVENT SHALL TAPESTRY, ITS AFFILIATES OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OF, OR THE INABILITY TO USE, KATE SPADE COMMUNITY APP OR ANY OF ITS FUNCTIONALITY, OR THE USE OR PERFORMANCE OF ANY INFORMATION ON OR ACCESSED THROUGH KATE SPADE COMMUNITY APP.

(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING THE FOREGOING, TAPESTRY SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY OR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER ARISING IN CONTRACT, STATUTE, EQUITY, OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR REGISTRATION FOR AN ACCOUNT ON KATE SPADE COMMUNITY APP, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE KATE SPADE COMMUNITY APP [OR AS A RESULT OF YOU REDEEMING AND/OR USING A REWARD THROUGH KATE SPADE COMMUNITY APP].

(c) YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION ARE AN ESSENTIAL PART OF THESE TERMS OF USE AND AN ESSENTIAL FACTOR IN ESTABLISHING THE KATE SPADE COMMUNITY APP USAGE AND OFFERINGS. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM TAPESTRY AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. CERTAIN LEGISLATION, INCLUDING THE SALE OF GOODS ACT AND CONSUMER PROTECTION (FAIR TRADING) ACT AND UNFAIR CONTRACT TERMS ACT MAY IMPOSE CONSUMER GUARANTEES OR IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON TAPESTRY WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS OF USE ARE READ SUBJECT TO THESE STATUTORY PROVISIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, TAPESTRY’S LIABILITY TO YOU WHICH CANNOT BE EXCLUDED, IS LIMITED AT THE OPTION OF TAPESTRY TO THE FOLLOWING:

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.

Intellectual and Data Property

You may use Kate Spade Community App only in the manner permitted by these Terms of Use. You shall not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties or otherwise distribute any code or content from Kate Spade Community App without the prior written agreement of Tapestry.

All designs, texts, graphics, logos, images, buttons, icons, images, titles, audio clips, phrases, content, names and all intellectual property rights therein (including, but not limited to, patents, copyrights, trademarks, design, product and service marks) are the property of Tapestry or used by Tapestry under license, and are protected by Singapore and international intellectual property laws (“Kate Spade IP”). Nothing in these Terms of Use shall be considered an assignment or other transfer of ownership or any other interest in and to Kate Spade IP or any information or data contained in Kate Spade Community App to you, either expressly, or by implication, estoppel, or otherwise. Your failure to comply with these Terms of Use will constitute breach of contract and will violate Tapestry's copyright, trademark and other proprietary and industrial property rights.

Changes To Terms of Use

Tapestry may at change, modify, add, or remove portions of these Terms of Use at any time by updating this page. You are bound by any revisions and should periodically visit this page to review the current Terms of Use. Your continued participation in and use of Kate Spade Community App following the posting of any changes or modifications to these Terms of Use constitutes your acceptance of such changes or modifications. If you do not agree with these Terms of Use or the changes or modifications, you must immediately cease using Kate Spade Community App.

You also may be subject to additional Terms of Use that are applicable to certain parts of Kate Spade Community App.

Change or Termination of Use of Kate Spade Community App

Tapestry reserves the right to modify, discontinue or disable Kate Spade Community App or any part of Kate Spade Community App at any time, either on a permanent or temporary basis. Tapestry may terminate the Terms of Use and deny you access to Kate Spade Community App at any time, immediately and without notice, and in its discretion, terminate, suspend or restrict your use of your Kate Spade Community App account at any time and for any reason.

No relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between Tapestry and you as a result of your agreement to these Term of Use or your use of Kate Spade Community App.

Entire Agreement and Admissibility

The Terms of Use and any policies or operating rules posted on Kate Spade Community App constitute the entire agreement and understanding between you and Tapestry with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of Kate Spade Community App to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

All provisions of these Terms of Use that expressly survive termination or that by their nature are intended to survive such termination (including disclaimers and limitations of liability, all disclaimers of representations, warranties and conditions, and all statements recognizing Tapestry and third party intellectual property rights) shall survive such termination.

Waiver

The failure of Tapestry to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Severability

If any provision of these Terms of Use are unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

Additional Information on Kate Spade Community App

If you have any questions regarding Kate Spade Community App, you may reach us through malaysia@katespade.com.