MOUNTAIN DESIGNS WEBSITE TERMS & CONDITIONS OF USE

This website is owned and operated by Mountain Designs Holdings Pty Ltd as trustee for the Mountain Designs Holdings Pty Ltd as Trustee for Mountain Designs Unit Trust (ABN 45 944 511 754). The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use ('Terms').

References to 'us' mean Mountain Designs and include its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 and references to 'you' mean you, the user of the website.

By using the website, you are deemed to have accepted the Terms. Unless otherwise specified, the Terms constitute the entire agreement between us and you concerning the website.

USE OF WEBSITE

Mountain Designs owns this website, and unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website.

The content on this website is only intended for your own personal, non-commercial use and you may only download, print or use our website content for this purpose.

In addition, you may only use this website for lawful purposes and will not use it in a way that:

• violates or infringes the rights of others (including their privacy and/or intellectual property rights)
• is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person
• encourages conduct that would constitute a criminal offence (including but not limited to fraud, money laundering and terrorist activities), give rise to civil liability or otherwise violate any law
• restricts or inhibits any other user from using the site
• affects the functionality or operation of the site or its servers or the functionality or operation of any user's computer systems (including by transmitting a computer virus or other harmful component)
• involves the unsolicited or unauthorized dissemination of electronic messages, SPAM, advertising or promotional material
• results in the impersonation, misrepresentation or theft of another person’s identity
• breaches any applicable standards, rules, regulations, guidelines, orders, directions, directives, codes of conduct, recommendations, determinations or other instruments imposed by any relevant authority.

INTELLECTUAL PROPERTY

Mountain Designs is the owner or authorised user of all intellectual property in and associated with the website. Mountain Designs is also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, used or referred to on  the website.

You have no rights in or license to any of the intellectual property, trademarks, logos, content, names or designs, whether registered or unregistered, found on the website.

ADVERTISING

This website may include advertisements concerning products or services provided by third parties. These advertisements are not recommendations or endorsements by Mountain Designs. Mountain Designs does not control the content of and is not responsible for the advertisements. Mountain Designs will not be held liable for any loss or damage suffered  as a result of your use of any goods or services the subject of advertising on the website. Any concerns you have regarding any advertisement on the website should be addressed to the third party advertiser.

THIRD PARTY SITES

This website may contain links to third party websites. These links are not recommendations or endorsements by Mountain Designs and Mountain Designs does not take any responsibility for the content or functionality of those websites. You access those sites solely at your own risk.

We use third parties to provide functionality on some of our pages. Where we do this you will see that the functionality is provided or powered by our third party supplier.  If you choose to use this functionality you agree that you are bound by that provider’s terms of use.  Such functionality includes but is not limited to Bazaar Voice for product ratings and reviews.

USERNAMES AND PASSWORDS

You must keep any username and password used on our site confidential and not disclose it to any other person. Nor may you permit any other person to use that username or password (either for their own use or on your behalf).

CUSTOMER CONTENT

Certain parts of our website may allow you to submit your own content, including ratings and reviews. By using these features you acknowledge and agree to our Customer Review Terms and Conditions.

DISCLAIMER

When placing information onto our website, we aim to ensure that all details, prices, product images and descriptions displayed are correct at the time. However sometimes errors occur, for which we apologise.

Reproduction of colours is as accurate as photographic processes allow, however please note that product colours in-store may vary from what is displayed on your computer monitor and may vary from monitor to monitor and device to device.

Although listed on the website, some items, sizes, colours and styles might not be immediately available or might be temporarily or permanently out of stock.

Some products might require self-assembly or you may be required to obtain the assistance of a professional assembler at your own cost and expense.

PRICES

All references to $ and dollars on the Australian website are to Australian currency. All prices were current* at the time of publication on the website and are inclusive of GST. Mountain Designs may vary the prices at any time and prices are subject to change.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, Mountain Designs excludes any liability which may arise as a result of or in connection with: (1) the use, copying, or display of this website and the contents of this site; (2) goods or services supplied by Mountain Designs under these Terms; or (3) a failure or omission on the part of Mountain Designs to comply with its obligations under these Terms.

For the avoidance of doubt, the above liability limitation does not exclude any rights, which by law may not be excluded, including but not limited to your rights under Australian Consumer Law.

NO GUARANTEE

To the extent permitted by law, Mountain Designs makes no representation, warranty or guarantee regarding:

• your ability to access or use the website or any material on the website at any time
• the loss or modification of information or material transmitted to or from the website
• the absence of any defect, technical problem or virus attached to or arising from the website or the server upon which it is hosted
• the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website
• the products displayed on the website being available at any time

INDEMNITY

You agree to indemnify and will keep Mountain Designs indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Mountain Designs in connection with your use of this site, your breach of these Terms or your breach of any rights of third parties.

PRIVACY

Mountain Designs is committed to protecting your privacy. Any personally identifiable information will be collected and used by Mountain Designs in accordance with its Privacy Policy. You can review the Privacy Policy at https://www.mountaindesigns.com/privacy-policy.

ADDITIONAL TERMS

Additional terms and conditions are attached to certain pages of the website such as the Mountain Designs Alliance Club or competitions from time to time. You should ensure that you are familiar with and are prepared to abide by these additional requirements before you make use of these particular website pages.

CHANGES TO THE WEBSITE AND YOUR ACCESS

Without prior notice to you and in its absolute discretion, Mountain Designs reserves the right to vary or discontinue the website or any page of the website at any time, and/or suspend or terminate your access to part or all of the website at any time, and Mountain Designs is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.

CHANGES TO THE TERMS

Mountain Designs reserves the right to amend these Terms from time to time. Amended Terms come into effect from the time they are posted on the website but will not apply retrospectively or to any of your then current orders. You should review this page regularly to ensure that you are aware of any changes to the Terms.

SEVERANCE OF CLAUSES

If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.

GOVERNING LAW

This website may be accessed in Australia and throughout the world. We make no representation that the content of this website complies with the laws outside Australia and your access of this website outside Australia is strictly at your own risk. These Terms will be governed by and construed in accordance with the courts of Australia.