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Website Terms & Conditions

Website Terms of Use

This website is operated by Kathmandu Limited (Company Number 139395) and its related entities on behalf of the Kathmandu Group (Parent company Kathmandu Holdings Limited). In these Website Terms of Use and Security & Privacy Statement (“Terms”), the expressions “we”, “us” and “our” refer to the members of the Kathmandu Group.

Acknowledgement & Acceptance

Your use of this website, and any services provided through it (“Services”), are subject to these Terms and all applicable Australian and New Zealand laws. By accessing and interacting with this website or using the Services, you accept these Terms. If you do not agree, you must refrain from accessing and browsing this website or using any of the Services. Without limiting our other rights and remedies we may refuse to supply any product or Service, and we may deny access to this website, to anyone who breaches these Terms.

All rights not expressly granted to you in these Terms are reserved.

We may amend these Terms at any time without notice to you, and it is your responsibility to monitor this website for changes. Amendments will come into effect from the date they are published on this website. The updated version of these Terms will supersede all prior versions. You can view the most current version of these Terms at any time by visiting this page.

Access and Use of Material on this Website

Your access to this website and the Services is on the following terms:

You may only access and use this website and the Services in accordance with these Terms.

You may only access parts of this website that are designated for unrestricted public access.

You may only access other parts of this website if we have expressly given you permission to do so, but then only for the purposes, and in the manner, permitted.

If we give you a password to access any part of this website or any Services, you must keep that password confidential and not disclose it to any other person. Nor may you permit any other person to use that password.

You must change your password regularly. Further you must change it immediately if you believe that it has become known to any other person.

You must follow our instructions when using the Services, and comply with any specific terms that we publish on this website or that we give you regarding the Services from time to time.

You must make sure all information and instructions that you give us are true, correct and complete, and that you are authorised to provide the information and instructions.

You may only save a local copy of, or print material posted on this website for your own information or research, or to inform others about this website.

You may not reproduce, duplicate, copy, sell, re-sell, adapt, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, or caching by a storage or information retrieval system, or download accelerator) or otherwise exploit any part of this website for any commercial purpose.

You must not post or transmit to this website any illegal, threatening, abusive, defamatory, obscene or indecent information or material of any kind, or encourage any other person to do so.

You must not knowingly post or transmit or permit the posting or transmission of any material to this website which contains a virus.

You must not post or transmit any material to this website which breaches any laws relating to a person's right to privacy or the export of personal information, or personal information about another person without their consent.

You must take your own precautions to ensure that whatever you select from this website is free of viruses or anything else that may interfere with your or any third party's computer systems. We also reserve the right to refuse access or edit or delete material posted by you in contravention of these Terms.

Products That We Sell

Our products shown may be purchased online.

Shopping Terms & Conditions

Kathmandu’s Online Services provides customers a convenient and secure online shopping experience.

Products displayed on the site shopping areas can be purchased using the secure online MasterCard, Visa, American Express or Gift card transaction facility. Customers can be confident that all of their details are protected by the latest security mechanisms and are used only for purposes of the transaction fulfilment.

You have the option to register as a member of kathmanduoutdoor.com. Apart from the many member benefits, including receiving regular emails containing special deals, your shopping address details will be filed saving you the effort of entering these details each time you checkout.

For online purchases made as a ‘Guest’ customer, we are only able to arrange an exchange by creating an ‘Online Account’. Unless we are instructed otherwise, we will create an ‘Online Account’ for all ‘Guest’ customer exchanges. Alternatively, we can arrange a refund via the original payment method, so that another ‘Guest’ purchase can be placed independently.

Pricing and Customs

All prices in the shopping areas are in US dollars and include Sales Tax (if applicable). All prices are correct at time of publication; however we reserve the right to alter prices for any reason. If this should happen after you have ordered a product, we will contact you prior to processing your order.

Not all items or promotions are available through all stores, a specific store or online. All offers and items are subject to availability at the advertised price.

We reserve the right to withdraw any product from sale without notice, for any reason. However for various reasons, that product might still appear on our website for a period of time after that withdrawal. We make no undertaking that a product shown on this website will be available for purchase online at all stores or at a specific store.

All product prices stated on this website are charged in US dollars. Prices are exclusive of any shipping charges. Custom fees and taxes on orders may be charged by the destination country. These charges must be paid for by the person receiving the parcel. If delivery is refused, all costs incurred for the return of goods will be charged to the customer. Kathmandu has no control over customs policies and charges, which can vary from country to country.

For further information, we recommend you contact your local customs office. To check import duties and taxes for your country you can also visit the Duty Calculator website.

Payment Processing

When an order is submitted your card will be debited. All items on your order will prepared for despatch to your nominated shipping address. If Kathmandu cannot supply the items requested we will then process a refund to the value of the non-supplied items. An email confirmation of the refund will be sent to your email address supplied on the initiating order.

The card issuer controls the timing of returned funds. Please contact your card issuer for details.

All card transactions are processed by Cybersource’s global payment service and routinely subject to fraud management checks, to help protect our customers and reduce our exposure to fraud. Orders which meet pre-defined criteria will be held for approval before the funds are withdrawn from a customer’s account and the order subsequently released. A pre-authorisation amount may be put in place by the card issuing bank until the order is confirmed and the payment is settled for Kathmandu. We will aim to contact you as soon as possible if your order is held for review, so that we can verify your payment details and clarify any discrepancies. Orders will be accepted once we are satisfied the transaction can be confirmed as legitimate. We reserve the right to reject any order where the customer is unable to verify their payment method or respond to any reasonable concerns. This adds an additional layer of protection and reassurance for our customers but may result in a delay in order completion if we are unable to contact you.

Website and Credit Card Security

We use Comodo and Cybersource to process online orders. Customers can see their cards being debited in real time, all in an SSL secure environment.

We take website and credit card security extremely seriously, and always endeavour to provide a secure safe platform on which to conduct online transactions, kathmanduoutdoor.com, uses Comodo SSL. By using this you guarantee the highest possible encryption levels for online transactions. Each certificate is signed with NIST recommended 2048 bit signatures and provides up to 256 bit encryption of customer data. This encryption scrambles details such as credit card number, billing details and delivery address so that generally, other computers are unable to decipher the information, ensuring privacy and security.

To make sure you are accessing a secure server, check for the unbroken key or closed lock symbol located generally either at the bottom left or top right of your browser window. If it appears, then SSL is active. You can double check this by looking at the URL as well. If SSL is active, then the first characters of that line will read ‘https’ rather than just ‘http’. It is important for you to protect against unauthorized access to your password and to your computer.

Ensure you logout when you have finished visiting, kathmanduoutdoor.com, especially if you access it from a shared computer.

Contact Details

If you have any queries regarding shopping with kathmanduoutdoor.com, please email [[email protected]] (mailto:[email protected]).

Children

No one under the age of 13 years is allowed to provide any personal information. Minors under the age of 18 years are prohibited from making purchases, including subscriptions, on the Service.

Disclaimers

We will endeavour to ensure that information provided through this website is accurate and current. However we cannot, and do not, represent or warrant the accuracy, adequacy, completeness of information on this website or that it is up to date. For example (but without limitation):

• Prices and colours of products may change, and all products are subject to availability;

• Variations to products may occur from time to time for various reasons (including changes in seasonal range, or product specifications);

• Despite every effort to accurately duplicate each product's colours on our website, they are intended as a guide only and actual colours may vary. The colours you see online will also depend on your screen display and settings, therefore, we cannot guarantee that your monitor's display of any image will accurately reflect the colour of the product on delivery;

• Description of products are summaries only (with further information available on request to us); and

• Due to technical or human error, information may be recorded incorrectly or omitted.

To the extent permitted by law, we do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on this website. We do not warrant that access to this website or any content or service on this website, will be uninterrupted or error-free, that defects will be corrected or that the site or the server that makes it available are free of viruses, bugs or anything similar that may impact the functionality, accuracy and/or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

You acknowledge that despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of the information on your computer or this website. We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.

Australia and New Zealand For consumers who reside in Australia or New Zealand and for products shipped to Australia or New Zealand, we are committed to honouring your statutory rights under the Consumer Guarantees Act 1993 in New Zealand and Australian Consumer Law in Australia. This means we will assist you if goods:

• are or become faulty through no fault of your own;

• are not fit for a stated purpose or a purpose you made known to our sales staff;

• don’t match our description or sample; or

• have defects that were not obvious or we did not bring to your attention.

If the fault is minor or can be repaired then we may choose to repair the goods or give you a replacement. If the fault is serious or cannot be repaired then you can choose to have a refund, get a replacement or similar item or keep the goods but get some money back in compensation.

However, the goods must be returned within a reasonable period and you may be asked for proof of purchase. Keep your receipt as proof of purchase. You may also be asked to demonstrate that the problem with the goods was not your fault. If you prefer an alternative to a refund, we can arrange for goods to be exchanged or repaired.

United States For consumers who reside in the United States for products shipped to the United States, to the extent permitted by law, we disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. We disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any of our services. You assume total responsibility for your use of the site and any linked sites.

Limitation of Liability

In no event shall we be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including lost profits arising from, or directly or indirectly related to, the use of, or the inability to use, this site or the content, materials and functions related to this site, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms or your use of this site exceed, in the aggregate, the amount, if any, paid by you to us directly in exchange for your use of this site.

Nothing in these Terms is intended to exclude or limit our liability for any implied terms which cannot be excluded or limited by law; or any liability that cannot be excluded or limited by law.

Third Party Websites

We are not responsible for any information that does not originate directly from us, for any links we provide to third party sites (“Third Party Websites”), or for information or goods or services at or accessible from those Third Party Websites. This includes the content of third-party advertisements appearing on this website and links to Third Party Websites. These are provided for convenience only and may not remain current or maintained. The appearance of advertisements for third parties or links to Third Party Websites on this website is not to be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of those Third Party Websites, or of any information, goods or services referred to or offered on those sites or otherwise posted on this website. Responsibility for any of that content rests solely with those third parties.

No links may be made to this website without our prior written consent. Applications for consent must be made to the Group Online Manager, Kathmandu Ltd, PO Box 1234, Christchurch, New Zealand.

Prohibitions

You must not:

• Use or attempt to damage, interfere with or introduce anything (including a virus, robot, spider, scraper or automated means) to this website or any network or system underlying or connected to it for any purpose, or act in any other way that compromises this website, the delivery of the Services, or any network or system underlying or connected to them;

• Use this website or any information or other material from this website, for any commercial purpose;

• Remove any copyright, trade mark or any other intellectual property notice from any material accessible on this website; or

• Copy, distribute, alter or tamper with in any way, or otherwise use, any material contained in this website (except as expressly permitted in these Terms).

Intellectual Property Rights

We and our licensors, as applicable, own all intellectual property rights in and to this website and the products and information displayed in it (including text, images, graphics, logos, layout, look-and-feel, animations, software, trademarks, trade names and other material underlying and forming part of this website and/or the Services.

Except where otherwise specified, any word or logo to which the "™" symbol is attached is a trademark, and any to which the “®” mark is attached is a registered trade mark. If you use our trademarks, you must include a statement attributing ownership of that trade mark to us. Any other trademarks we use are used with the permission of their respective owners.

Termination or Suspension

We may at any time and without notice:

• Change the format and content of this website and/or any Services;

• Stop providing, suspend or restrict your access to this website or any Service if you do not comply with any obligation you have to us (whether under these Terms or otherwise); or

• Stop providing or suspend the operation of this website and/or the Services (in whole or in part). No such action will affect any of our rights or your responsibilities under these Terms or otherwise, including any disclaimer.

Information About You

We understand that as a visitor to our website, you may be concerned about your privacy and about any information that we gain about you online. We are committed to protecting your privacy and to complying with all applicable privacy laws. The following terms tell you how information about you is treated as you access and interact with this website.

If you visit an area of the website where you are not required to log on, to read, browse or download information, our system will record the date and time of your visit to our site, the pages viewed and any information downloaded. However, our system will not record any personally identifiable information about you without your consent.

If you complete an online form on our website, the information that you enter on that form will only be collected if you actually submit the form to us. If you change your mind and do not submit the information, any information you have entered up to that point will not be collected by our system and will be discarded (note that if your browser has an “auto complete” function, it might automatically fill in the form again the next time you visit that page).

Any personal information that you actually submit to us using our website or in an e-mail will only be used for the following purposes:

if you choose to allow us to do so, to send you promotional or other information about us, our website, the Services or our products, or our partners' products, either through e-mail, ordinary mail, or some other means;

• to conduct research about our website, the Services, stores, sales or our products;

• to allow us to personalise our website or Services for you;

• to process any request that you make; or

• For security purposes. Your personal information will only be added to our customer database (to be used for purposes other than answering your specific request) if you opt in to receive communications or if you join our Summit Club. Your membership of the Summit Club may be governed by separate terms and conditions.

If you choose to use the Services and submit information to us about you for that purpose, you will be taken as authorising us to collect, use, store and disclose that information in the manner and for the purposes contemplated by these Terms. If you choose not to provide all of the personal information that we request from you, the Services you request may not be available to you.

If you provide us with personal information about you, you should advise us if the information changes, so we can update our records. You can either update it online or via Contact Us. We may contact you from time to time to check that information we hold is still accurate.

The personal information that we collect about you is stored on our database server managed by Kathmandu Limited in Christchurch, New Zealand, and its collection, storage, use and disclosure is governed by the terms of the New Zealand Privacy Act 1993.

We may disclose personal information that we collect and retain about you to third parties but only for the purposes identified in these Terms or to which you have consented, or when we are required to do so by law. If we provide any contact details to our contracted suppliers who are responsible for processing our mail-outs, we require those suppliers to agree to use the information only to fulfil that purpose, and not to retain the details once that purpose has been fulfilled.

Under privacy law, you have certain rights to access and request correction of your personal information held by us. Any such request, or any inquiry, should be sent to the following address:

Group Online Manager Kathmandu Ltd PO Box 1234 Christchurch, New Zealand

We may at any time disclose your personal information including, without limitation, your name and contact details to any relevant authorities, parties and/or applicable intellectual property right holders (or their representatives) if we consider that you are in breach of these Terms and that disclosure is required for those parties to enforce their rights.

If you subscribe to a mailing list that we maintain (including an e-mail subscription list), you can ask us to remove you from that list at any time by using the “unsubscribe” facility referred to in our message to you, or sending us an e-mail with your details via Contact Us. We will comply with that request as soon as we reasonably can. However you should understand that sometimes we may have begun distributing a mail-out before we can process that request, and in those circumstances you might still receive that mail-out.

If you have accessed Third Party Websites through this website and if the operators of those Third Party Websites collect information about you, we may also collect or have access to that information as part of our arrangements with those third parties. Where you access a Third Party Website from this website, cookie information, information about your preferences or other information you have provided about yourself may be shared between us and the third party. You usually cannot be identified from the information that is shared. If you can be identified from this information, we will seek your consent before sharing the information.

Third Party Websites should contain their own privacy statements and the operators of those Third Party Websites are responsible for their own privacy practices.

We will save any e-mail that you send us, if we believe that we have a legal or business requirement to do so. We may monitor e-mail message content for security issues including where e-mail abuse is suspected.

If you have a dispute with us or want to know more about privacy issues in New Zealand, we encourage you to visit the relevant authority in your country, which may include:

• Australia Office of the Australian Information Commissioner on 1300 363 992 or visit their website at www.oaic.gov.au;

• New Zealand Privacy Commissioner (New Zealand) on 0800 803 909 or visit their website at www.privacy.org.nz;

• United Kingdom Information Commissioner’s Office on 0303 123 1113 or visit their website at www.ico.org.uk;

• United States Federal Trade Commission on (202) 326-2222 or visit their website at www.ftc.gov.

General

Each term of these Terms is separately binding. If for any reason any term is not effective or binding all other terms remain effective and binding.

If we do not exercise or enforce any right available to us under these Terms or otherwise arising at law or in equity, this does not constitute a waiver of those rights.

These Terms (and the provision of products and services by us) are governed by and to be interpreted solely in accordance with Australian or New Zealand law. In the event of any dispute arising in relation to these Terms or their subject matter, the Australian or New Zealand courts will have non-exclusive jurisdiction over such dispute.

Last updated 12th April 2017

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