Disclaimer – Mountain Designs Terms and Conditions

This website is owned and operated by Anaconda Group Pty Ltd as trustee for the Anaconda Unit Trust ABN 53 955 173 782 ('Anaconda'). 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 Anaconda 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. The Terms constitute the entire agreement between us and you concerning the website.

Copyright in website material

All of the material on and in relation to the website is and remains the property of Anaconda at all times, or in the case of some material, a third party. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website. Any other use of the website material constitutes a breach of Anaconda's copyright and other proprietary rights. You may copy and email our webpage URL's to your family and friends for private and non-commercial purposes.

Intellectual Property

Anaconda is the owner or authorised user of all intellectual property in and associated with the website. Anaconda is also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with 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, associated with the website.

Advertising

This website may include advertisements concerning products or services provided by third parties. These advertisements are not recommendations or endorsements by Anaconda. Anaconda does not control the content of and is not responsible for the advertisements. Anaconda will not be held liable for any direct or indirect loss or damage that is alleged to have occurred or has occurred 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 Anaconda and Anaconda does not take any responsibility for the content or functionality of those websites. You access those sites solely at your own risk.

Usernames and Passwords

If Anaconda authorises you to register for or otherwise use online shopping, then you must keep your username and password (if any) 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).

Product disclaimers

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. We aim to ensure that our website is accurate, however, sometimes errors occur, for which we apologise.

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 website are to Australian currency. All prices were current* at the time of publication on the website and are inclusive of GST.

* While we make every endeavour to ensure the accuracy of our website pricing, in the event of system based or human pricing errors if you acquire a product at the incorrect price we will advise you as soon as possible and we reserve the right to cancel the transaction/ your order and refund the mistaken purchase price to you.

Content

"Content" means avatars, blogs, comments, compliments, criticisms, discussions, forums, images, observations, opinions, pictures, rankings, recommendations, responses, testimonials, text, videos.
"Disseminate" means any form of communication by any means howsoever through any medium, including, without limitation, email, uploading, downloading, posting, listing, posting hyperlinks to, chatting, book-marking, social network sharing (including via Facebook, Twitter, and the like), transmitting, publishing.

From time to time you might be entitled to create and upload Content to be stored on the Anaconda website provided that:

a. The Content will be your original work.

b. You will not copy, plagiarise, reproduce or otherwise Disseminate the work of any other person.

c. The Content will not infringe the intellectual property rights of any third party.

d. The Content is uploaded or connected in accordance with our instructions from time to time, including via the use of other services and technologies, including YouTube and

e. You adhere to these Terms.

You grant Anaconda the non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty free, worldwide right to Disseminate, reproduce, edit, modify, distribute, display and delete such Content (in whole or in part) via the Anaconda website or via such other medium or channel as determined by Anaconda from time to time.

You consent to other Anaconda website users accessing, using and viewing the Content.
You will at all relevant times remain the exclusive owner of the Content that you create and upload to the Anaconda website.

Anaconda has the unfettered right at any time to temporarily or permanently remove your Content, in part or full.

You waive the following Moral Right's in respect of the Content that you create and upload:

a. The right to attribution of authorship as defined in the Copyright Act 1968, and

b. The right of integrity of authorship as defined in the Copyright Act 1968, and

c. The right not to have the work subjected to derogatory treatment as defined in the Copyright Act 1968.

This section headed "Content" survives the termination of these Terms.
Restrictions on use

You must not use the Anaconda website for any unlawful, immoral or unethical purpose, as we determine in our sole and absolute discretion, including:

a. the Dissemination of unsolicited or unauthorised commercial electronic messages, SPAM, advertising or promotional material.

b. the impersonation or theft of another person's identity or falsely state or otherwise misrepresent your affiliation with a person, including Anaconda.

c. the creation or Dissemination of false or alias identities.

d. to harass, threaten, stalk or otherwise communicate with any person against their will.

e. to vilify others, including, without limitation based on race, ethnicity, sex, sexual preferences, religion or politics.

f. the Dissemination of pornography, including child pornography involving a person under the age of 18 years or such age as provided by the laws and/or regulations of the countries or jurisdictions in which you use the Anaconda website, whichever is younger.

g. to defame, slander or libel any person.

h. for the purpose of money laundering, terrorist activities, causing civil unrest and other criminal activities.

i. for the purpose of phishing.

j. for the purposes of industrial espionage or Dissemination of inside information gained or propagated by unlawful means.

k. to Disseminate or otherwise infringe upon the private and/or confidential information or intellectual property rights of any person or infringe the publicity rights any person.

l. to Disseminate material that is abusive, vulgar, obscene, hateful, tortious or otherwise objectionable.

You must not:

a. copy, or allow to be copied, all or part of the Content or underlying website code, other than as expressly permitted under these Terms. You must not Disseminate Content that has been created and uploaded to the Anaconda website by other people.

b. commercialise all or part of the Anaconda website.

c. use the Anaconda website or upload Content to promote, market, distribute or sell any goods or services.

d. make any adaptation, modification or derivative work of the other people's Content.

e. sell, rent, lease, sub-license, assign or transfer all or part of your rights under these Terms.

f. use any type of spider, virus, worm, trojan horse, time bomb, adware, bot, hack, malware, phishing or other malicious codes, computer activity, application, executable, program, software or instructions that are designed to:

i. disable, damage, disrupt or disassemble all or part of the Anaconda website, or

ii. communicate or seek to communicate with persons using the Anaconda website.
Disclaimer

You are entitled to statutory consumer guarantees under the Australian Consumer Law. Anaconda does not exclude or limit those consumer guarantees.

Anaconda makes no warranty or guarantee regarding:

a. your use of the website or any material on the website.

b. your ability to access or use the website or any material on the website at any time.

c. the loss or modification of information or material transmitted to or from the website.

d. the absence of any defect, technical problem or virus attached to or arising from the website or the server upon which it is hosted.

e. 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.

f. the products displayed on the website being available at any time.

If Anaconda breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of Anaconda for a breach of the applicable term, condition or warranty is limited to, at the election of Anaconda:

1. the resupply of the relevant product, advice, service, recommendation or information, or

2. the payment to you of the cost of having the relevant product, advice, service, recommendation or information supplied again.

Indemnity

You indemnify Anaconda, its subsidiaries, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.

Privacy

Any personally identifiable information that you submit through or in relation to the website is collected and used by Anaconda in accordance with its Privacy Policy. You can review the Privacy Policy here Mountain Designs 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, Anaconda reserves the right to:

a. vary or discontinue the website or any page of the website at any time, and

b. suspend or terminate your access to part or all of the website at any time,
and Anaconda 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

Anaconda 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.

Liability

The information provided on www.mountaindesigns.com and www.clearancemountaindesigns.com has been compiled for your convenience. We make no warranties about the reliability, accuracy or completeness of any information contained on the websites, with the exception for responsibilities implied by law. Mountain Designs cannot guarantee your access and use of the website will be uninterrupted or error free.

Further, Mountain Designs is not responsible for any other sites you may access via these sites. Any links provided to other sites are for convenience only and Mountain Designs will not be responsible for any loss, damage, cost or expense incurred by you in accessing such other sites.

Security

Where you wish to send us any information over the Internet, Mountain Designs is concerned about the security of any such information and takes reasonable measures to ensure it is kept secure. However, Mountain Designs will not be responsible for any unauthorised access to that information.

Copyright

The information and material contained on www.mountaindesigns.com and www.clearancemountaindesigns.com is subject to copyright which is owned by Mountain Designs. For non-commercial purposes only, you may download a single copy of this site and where necessary for its use as a reference, make a single hard copy. Except as provided by the Copyright Act 1968 as amended or any other applicable laws, no part of this site may otherwise be copied, reproduced, adapted or transmitted in any form by any process without the written consent of Mountain Designs.

Privacy of Information

Mountain Designs treats any personal contact details collected as a result of enquiries, Alliance Club sign up etc. in the strictest confidence. Details are not added to our customer database without your consent. Customer details are only entered into our database upon joining the Alliance Program. The Alliance Program database does not get sold or passed onto any other party, except for contracted suppliers responsible for processing Mountain Designs mail-outs. This is a one-off usage and the database is not retained by the supplier. We never make your e-mail address available to any other company or organisation without your permission. If you supply us with your postal address, email address, or mobile number you may receive periodic mailings from Mountain Designs with information on new products and services or upcoming events. If you do not wish to receive such mailings, please update your details on our website by clicking on the 'Alliance Club' tab and proceeding to 'Update Your Details'. Alternatively you can let us know by sending an e-mail to enquiries@mountaindesigns.com.

Trademarks

All trademarks on www.mountaindesigns.com and www.clearancemountaindesigns.com are the property of their respective owners. Usage of the trademarks and any other material on this site is prohibited.

Accuracy of Information Contained on www.mountaindesigns.com and www.clearancemountaindesigns.com

Mountain Designs endeavours to ensure that all information on www.mountaindesigns.com and www.clearancemountaindesigns.com is correct. Prices and colours are subject to change and all products are subject to availability. Styling variations may occur from time to time as a result of seasonal range improvements.

If a product is purchased online and is not available for immediate shipping, we will contact the purchaser as soon as possible.

Links

No links are to be made to this site without prior written application to, and written consent from Mountain Designs. All link requests are to be made to the Marketing Manager, Mountain Designs. Mountain Designs accepts no liability or responsibility for the content of sites that are not controlled by Mountain Designs.


Cookies

Cookies are pieces of data your web browser stores on your hard drive. We use cookies so we can recognize your session while online. Most browsers accept cookies. However, if you wish, you can usually set them to refuse cookies. If you set your browser to refuse cookies, you will not be able to submit an order online. Mountain Designs does not use cookies to gather any personal information.


Payment

Mountain Designs accept payment by Visa Card and MasterCard. Mountain Designs may contact the card holder directly using the phone number provided during the 'Checkout Procedure' to verify payment and delivery details. Mountain Designs will hold products until payment has been authorised and accepted. Delivery of goods will not be confirmed until payment has been received.

Alliance Club Terms and Conditions

Discounts apply to full-priced items and are not available in conjunction with other offers, unless otherwise stipulated.

Discounts are not given on the purchase of gift vouchers.

Membership is not transferrable and is only available for individuals. For enquiries relating to corporate/group discounts please contact us at enquiries@mountaindesigns.com

In order to receive Member rewards (including discounts), Members are required to present their card at point of sale. If a Member does not have their card, then they may identify themselves by providing personal information to the Mountain Designs Team Member along with photo ID.

Members are responsible for ensuring their personal details are accurate at all times, this includes a valid email address. Members can update their details at www.mountaindesigns.com by clicking on the Alliance Club tab on the homepage.

Mountain Designs reserves the right to change, suspend or terminate the Terms and Conditions, the Alliance Club loyalty program or your Membership at any time, subject to prior notice through email notification. Mountain Designs will make every effort to ensure that amendments are communicated through email and in store with a reasonable amount of notice.

Failure to comply with terms and conditions may result in the termination of your membership.

Mountain Designs treats any personal contact details collected as a result of signing up in the strictest confidence. Mountain Designs does not sell or lease your information to non-affiliated companies or entities, except for contracted suppliers responsible for processing Mountain Designs mail-outs. This is a one-off usage and the database is not retained by the supplier. Members are able to opt out of receiving mailings by unsubscribing at www.mountaindesigns.com.

Returns Policy

Click here to go to the Returns Policy page.

Pricing

All prices stated are shown in Australian Dollars (AUD) and are GST inclusive. Orders made by customers outside of Australia will not include GST.

International purchasers please note: Any import duties, taxes or charges levied by the destination country must be paid by the purchaser.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Shipping Information for further information.

In order to contract with Mountain Designs you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Mountain Designs retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts for under 18's.

1. Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card and the goods have been shipped to you.

2. Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies


Online Shopping - Delivery Times

Click to see the Online Shopping Delivery Times for www.mountaindesigns.com and www.clearancemountaindesigns.com

Mountain Designs App


The Mountain Designs ios App is provided as a free download from the Apple iTunes store. The app and any or all of its contents are subject to copyright and cannot be reproduced, sold, or distributed by any party without the express written consent of Mountain Designs. While Mountain Designs strive to keep the content provided within the app as accurate and up to date as possible, Mountain Designs makes no claims or guarantees about the accuracy, completeness, or adequacy of the information. Mountain Designs expressly disclaims liability for errors or omissions found within or relating to the app.

Gear Lists are provided as a guide only and users should consider their destination, climate, personal circumstances, health and other when using this tool. Mountain Designs will not be hold responsible for any personal effects arising from the use of our gear lists.

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