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TERMS AND CONDITIONS

Welcome

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

This agreement governs your use of the MOUNT MORGAN OUTDOORS website.

Mount Morgan Outdoors ABN 86 894 469 085

This Web site is owned and operated by Mount Morgan Outdoors. Access and use of this Web site is provided by Mount Morgan Outdoors to you on condition that you accept these Conditions of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site.

Mount Morgan Outdoors may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

Insurance

If you choose the goods in transit insurance (within Australia) this policy is designed to cover a single transit movement of goods or merchandise (new and second hand) as well as the packaging where necessary for commercial purposes.

This policy includes the following cover:

1. Generally for new goods, all risk cover and accidental physical loss or damage occurring during the course of the insured transit.

2. For second hand items, factory seconds, food, Beveridge’s and perishables cover is provided if there is a defined event causing the loss including, fire, explosion, lightning or flood and theft occurring during the course of insured travel.

The amount we will pay out for a loss in generally determined as the lesser of

1. The cost of repairing or reinstating the goods to a condition equal but no better or more extensive that its condition immediately prior to the loss or damage, or

2. The cost of replacing the goods with similar items with the same age and condition or as near as possible to the age and condition, or

3. The original purchase price of the goods.

Intellectual Property

All materials (including the organisation and presentation of such material) on this Web site (the “Materials”) are the property of Mount Morgan Outdoors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with Mount Morgan Outdoors, any other use of these Materials without Mount Morgan Outdoors written permission is prohibited.

The Materials may only be used for your own, non-commercial or personal purposes.  You may not create derivative works from or otherwise exploit the Materials in any way.

Mount Morgan Outdoors. All rights reserved.

Privacy

Mount Morgan Outdoors is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Privacy Policy for further details.

Currency of Web site

Mount Morgan Outdoors updates the information on this Web site regularly. However, Mount Morgan Outdoors cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. Mount Morgan Outdoors may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Incorrectly Priced Products

If one isolated product is incorrectly priced, it is likely an error. In this case, Mount Morgan Outdoors attains the right to cancel orders and refund the customers’ money.

Linked Web sites

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that Mount Morgan Outdoors monitors or endorses these Web sites. Mount Morgan Outdoors does not accept any responsibility for such Web sites. Mount Morgan Outdoors shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.

Mount Morgan Outdoors shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site.  Mount Morgan Outdoors recommends that you install appropriate anti-virus or other protective software.

Web Site and Materials Provided “As Is”

This web site and the materials are provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose.  Mount Morgan Outdoors does not represent or warrant that this web site or the materials will meet your requirements or that their use will be uninterrupted or error free.

Limitation of Liability

You assume all responsibility and risk for use of this web site and the materials including without limitation any of the information contained therein.

In no way shall Mount Morgan Outdoors or any of its Directors, Officers, Employees, Shareholders, Partners, or Agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of these terms of use, including without limitation your use of, reliance upon, access to, or exploitation of this web site, the materials or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

In any event, the total maximum aggregate liability under these terms of use or the use or exploitation of any or all part of this web site or the materials in any manner whatsoever shall be directly related to the dollar amount of the materials you are exploiting.

Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to indemnify and hold Mount Morgan Outdoors harmless against all claims or liability asserted against Mount Morgan Outdoors arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Email

Feel free to email Mount Morgan Outdoors at sales@mountmorganoutdoors.com.au. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Mount Morgan Outdoors is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:

  • Mount Morgan Outdoors has no obligation concerning such information;
  • the information is non-confidential;
  • Mount Morgan Outdoors may use, disclose, distribute or copy the information and may use any   ideas, concepts or know-how contained in the information for any purpose without compensation;
  • and the information is truthful and disclosure of the information does not violate the legal rights of others.

SMS

If you are opted in to recieve SMS messages from Mount Morgan Outdoors and would like to opt out, you must reply with STOP within 48 hours of recieving the SMS. We can not guarantee your opt out if you reply after this timeframe.

Applicable law

This Web site is controlled, operated and administered by Mount Morgan Outdoors from within Mount Morgan, Queensland. This Web site can be accessed from all states and territories of Australia, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Queensland, Australia, by accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the State of Queensland, Australia and the federal laws of Australia applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of  Queensland and acknowledge that you do so voluntarily.