PAYMENTS TERMS (USER AGREEMENT)
These TERMS (AGREEMENT) were updated on 12th of August 2017
Please take the time to read through these terms and conditions. They have been written in plain and simple English, with no complex legal terminology. We just want you to understand what you are booking, and under what terms. If you do not understand nor accept any of the points made below, please contact us before booking for clarification, as all bookings require acceptance of these terms.
HOW DOES IT WORK?
Mountain Planet reduces the risk of fraud by acting as a trusted third-party that ensures the payment of funds after confirmation of the consent of both parties.
Mountain Planet platform provides an arrangement where a third party regulates (coordinates) payment of the funds required for two parties involved in a given transaction. It's very useful in the case of a transaction where a certain number of obligations need to be fulfilled before a payment is released like in the case of an equipment being rented where the buyer might want confirmation of the quality of equipment being provided before making a payment, and the owner doesn’t want to provide an equipment without any assurance that he or she will receive payment.
Herein, the terms and expressions identified by a capital letter shall be understood as follows, whether used in the singular or plural.
- shall be understood as the information, texts, photographs, comments, and all other elements Users may communicate to Mountain Planet or input directly on the Site as part of the Partner assessment tool.
- shall be understood a Member who buys Services.
– Guided Tours or Rental Gear.
- identification of a person on the Site.
– shall be understood as a User registered on the Site.
- shall be understood as a physical person registered by another person (Customer) for participation in a Service reserved through the Site. Participants may or may not be Customers.
- shall be understood as the natural persons (Owner\ Guide) using the Site to offer Services to Users/Customers.
- shall be understood as the site accessible through the connection on the Mountain Planet Internet site or by downloading the Application.
- shall be understood as the site accessible through the connection on the Mountain Planet Internet site or by downloading the Application.
- shall be understood as any physical person browsing the Site.
- means any equipment hosted by Owner which he or she is ready to lease.
- means guided expeditions and tours provided by Guides.
- shall be understood an advertisement in the Partner's account that contains all the terms of the offer (regarding rental gear or guided tour).
GENERAL IMPORTANT POINTS TO NOTE
By accessing, browsing and using the Mountain Planet website or any of our applications through whatever platform (hereafter collectively referred to as the "website") and/or by completing a Listing, you acknowledge and agree to have read, understood and agreed to the terms and conditions set up below (including the privacy statement).
We may amend this Payment terms and any linked information from time to time by posting amended terms on the website, without notifying you.
The Mountain Planet website is an online Platform (reservation service) where Customers buy and Partners (Owners\Guides) sell Services (see TERMS
). Customers\Owners\Guides must register for an Account and become a verified Member in order to buy or sell Services. Our website offers Members to work together online to complete and pay for Services, buy and sell items and to use the services that are advertised through the Site. We are not a party to any contractual agreements between Customer and Partner in the online venue, we merely facilitate connections between the verified Members.
The Mountain Planet Platform provides Users a technical service by linking Users who would like to research and reserve a Service (Guided Tour or Rental Gear) with qualified experienced persons (Partners: owners of professional rental gear, or guides, offering and supervising such Services). Mountain Planet can’t guarantee, real qualification and great experience of Partners who advertise their Service, so please make sure you get all the necessary information about the Partner and his experience.
The sole purpose of the Platform is to link potential customers and the Partners (Owners\Guides) and under their sole responsibility.
The Mountain Planet Pty Ltd does not partake in any manner in the contractual relationship formed between individual Partners and Customers for each and every confirmed reservation.
We may, from time to time, and without notice, change the website or add information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if any error occurs in the information on the website or if that information is not current.
SCOPE OF SERVICE
Before using the website, you must read the whole Terms, Privacy policies and all linked information.
Through the website, we (Mountain Planet) provide an online Platform through which Guides and Owners can advertise their Guided Tours or Rental Gear for Reservation, and through which Users can see all information about the item and Members may reserve Services. Wherein Mountain Planet offers a technical service linking Users, Customers and Partners. This technical service includes handling reservations, payments, refunds/cancellations - on behalf of Partners - and providing first line of support for Users and Customers as detailed herein. By making a Reservation through Mountain Planet website, you enter into a direct (legally binding) contractual relationship with the Partner with which you make a purchase of Service (as applicable). From the point at which you make your Reservation, we act solely as an intermediary between you and Partners, transmitting the details of your reservation to the relevant Partner(s) and sending you a confirmation email for and on behalf of the Partner.
The underlying Contract formed between the Partner and the Customer when reserving a Service through the site shall be an autonomous contract in which Mountain Planet assumes no responsibility beyond what falls within the technical service as described above. The Contract shall be deemed formed upon acceptance by a Partner of a Customer’s reservation request.
Consequently, Users must verify whether they effectively wish to commit, independently, to a contractual relationship with a Partner and are, in this regard, ready to assume all the consequences thereof.
Partners shall be solely responsible, with regard to Customers, for the performance of the services provided for in the Contract, as Mountain Planet shall assume no responsibility in this regard. Similarly, Mountain Planet shall not be responsible in any manner for a Customer’s behavior with regard to a Partner.
The information about Services on the site is provided by Partners through the Listing in their Accounts. As such, the Partners are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Partner remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Partner (or its facilities, venue, products or services) made available.
Services on our site are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, products or services available on our website for any commercial or competitive Service or purpose.
SERVICE ACCESS AND VERIFICATION (IDENTIFICATION)
Users shall be personally responsible for implementing the computer and telecommunications resources providing for accessing the Site and the knowledge required for using the Internet and accessing and using the Site. Users shall remain responsible for their connection and equipment fees related to Internet access as well as using the Site and the Service.
Users wishing to reserve a Service must create a Member account or log in to their account if it has already been created. Account access is accomplished using a user login and password.
Users shall provide accurate information when registering on the Site.
Users shall also update such information in case of changes.
Users shall be solely responsible for maintaining the confidentiality of their username and password.
In particular, Users shall be responsible for implementing the precautionary and safety measures required for protecting their password.
Users must immediately take all due steps should their password be revealed and/or in cases of fraudulent use thereof. First of all, Users must immediately change their password.
Users shall be solely responsible for the use of their username and password. All access to a User account using the abovementioned username and password shall be deemed, irrefutably, to have been performed by the User, as well as any modification or operation conducted on the User account following entry of said user name and password.
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, up our request, provide copies of identification documents (such as your passport or driver's' license or guide’s license). If necessary, we may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or Mountain Planet Services in case we are unable to obtain or verify to our satisfaction the information which we request under this section.
We reserve the right to update your particulars on the website in order to match any KYC (Know Your Customer) documentation that has been provided. Disbursements such as wire transfers from the website may only be made to the beneficiary matching your provided KYC documents and account information.
If you are not Mountain Planet verified you may not be able to withdraw funds from your Mountain Planet account, and other restrictions may apply.
In general, the Customer pays the total cost of Service at the time of confirmation of the reservation by the Partner, or at any other time by mutual agreement between the Customer and Partner (in this case not via the Site).
FINANCIAL CONDITIONS FOR PARTNERS
In order to receive the payments, you must have a valid PayPal registration. Mountain Planet make payments to PayPal account according to the Partner's request for withdrawal of funds with an indication of the amount. In some jurisdictions, or cases, Mountain Planet can offer you other term or condition, the fulfillment of which leads to the implementation of payments. Mountain Planet may delay or cancel any payments in order to prevent illegal activities or fraud, risk assessment, safety or investigation.
The cost of Mountain Planet’s commission (till 01\10\2017 commission rate is 0%) will be deducted from the payment for your reservation.
FINANCIAL CONDITIONS FOR CUSTOMERS
You authorize Mountain Planet to transfer to the Partner the amount of the reservation from the payment you made while ordering via Mountain Planet platform. The money transfers within 48 hours after the scheduled time of the final day of your reservation (reserved Service). Mountain Planet may introduce alternative timing and method of payment; additional charges for the use of the offered payment options will be specified on the Mountain Planet’s Platform and most likely will be included in the total price, and by selecting the appropriate payment option, you will agree to pay such fees. If there are claims from the Customer, the total value of the reservation is transferred later than the scheduled time following the consideration of the claim. Upon successful completion of the operation to pay the requested reservation, you will receive an email with the corresponding confirmation.
Regarding the consideration of disputable cases and claims by the Customer or Partner, Mountain Planet hopes that the Parties will resolve them reasonably and diplomatically. However, in case Customer and Partner can't reach a mutual agreement, they authorize Mountain Planet to be their fair and independent arbitrator. Each case will be considered individually. In this case, Mountain Planet takes the side of the Customer in case of denying the transaction, until the Partner provides facts of the opposite (photo/video/information from third parties, the Customer's receipt for the transfer of equipment for rent, etc.). At the same time, Mountain Planet is engaged by the Partner and the Client solely to determine the direction of the transfer of funds supporting the booking (either in the form of payment to the Partner or in the form of a refund to the Client). Mountain Planet is not involved and is considering disputes about poor quality Service provided to the Client, or damage to the Partner's property (such disputes are the subject matter of the Client's and Partner's legal relationships in which Mountain Planet is not a party.
CANCELLATIONS AND REFUNDS
In case of cancellation of the reservation by the Partner, the amount received by Mountain Planet will be refunded to the Customer via PayPal (Mountain Planet returns money to “balance” in the Customer’s account, after that, you can withdraw funds through PayPal). In case of cancellation of the reservation by the Customer, the Customer will be refunded amount of the agreed cancellation fee.
Mountain Planet shall not be liable for any charges levied by the third-party payment system write-off at the Customer while transferring the money and Mountain Planets disclaims any liability in this regard.
If the Customer cancels the confirmed reservation, Mountain Planet returns the sum of the reservation in accordance with the cancellation rules listed in the Listing.
If the Partner cancels the confirmed reservation, Mountain Planet provides Customers with a full refund of the sum for a commercially reasonable period of time after the cancellation (no more than 48 hours the sum is available in account balance).
If you cancel a reservation as a Partner, you agree that Mountain Planet may charge you a cancellation fee imposed in accordance with the Terms. In such cases, Mountain Planet will consider your cancellation as an authorization of payment of the fee. If the commission is not paid within 14 days, your account will be disabled from any new reservations for your services.
The offer price can be specified in the Listing under the following way: "Offer" (fixed price) and negotiable (when the price is not fixed). In case of being interested to the Service, the user sends the Partner a Booking Request. The Partner shall be automatically informed of the reservation request (by e-mail, text message, or telephone), and shall have a maximum 48 hours time frame to accept or refuse the reservation request. The Partner replies to the request by sending an Approval, which is valid for 48 hours before the Customer's reservation payment. While paying the reservation in the Client's account, the duplicate of the reservation is formed, which includes all the main terms of the transaction with the Partner, including the dates of the service. At the same time, the Customer gets a confirmation email to the specified address, confirming that the payment was successful and the reservation is made on the website.
As for the Partner, after the Client pays for the Service, in the "balance" section of the Partner's account the amount of the paid reservation is indicated. The amount of the reservation is displayed with the status of "Pending" and will be available for withdrawal by the Partner through PayPal through 48 hours after the scheduled time of the final day of the reserved Service (and in disputable cases - within the terms provided by these rules). After 48 hours the status of the booking amount changes to “Available” (withdrawal is possible). In this case, to withdraw money the Partner sends Mountain Planet a request for withdrawal of funds by indicating the amount. The amounts that are in the status "Available" are to be withdrawn by the Partner within 365 days from the moment of activation in this status.
A Service Reservation from a Customer to a Partner on the Platform shall be accomplished in accordance with the following:
in regard to Service Reservation, the Customer shall provide certain information to the Partner including, where appropriate, information regarding the physical condition, level, certification or license for each of the Participants (when the Customer registers a group);
should the reservation request be accepted, the Contract between the Customer and Partner is formed and agreed, and the amount corresponding to the Service is debited in accordance with the payment preauthorization. The Customer shall be informed without undue delay;
should the request be rejected, the payment preauthorization shall be canceled, with no Contract being stipulated between the Customer and the Partner. The Customer shall be informed without undue delay.It is hereby noted that generally speaking, the Services proposed by Partners on the Platform are subject to the latter’s availability. No request for compensation may be formed in case a Partner is not available for a Service, whether such request is addressed to the Partner or the Mountain Planet.
It is hereby specified that the Customer shall have the option to cancel the reservation request as long as the Partner has not confirmed it. Such cancellation must be performed online on the Customer Account.
The Customer hereby acknowledges having been informed and accepts that a reserved Service may require modification and/or adaptation by the Partner due to weather conditions or other events beyond its control. The reserved Service may even be canceled under the terms specified in the “Cancellation” article herein.
RESERVED SERVICE PAYMENT
Mountain Planet holds a collection and invoicing mandate from the Partner, and is responsible for validating and collecting the price for the reserved Service(s) in the name of and on behalf of the Partner.
For all reservations for total sums greater than €1,000, or an equivalent amount in another currency, Mountain Planet may ask the Customer to provide a copy of an identity document as well as a certificate of residence before validating the reservation request.
The Site and the Service allow Users and Customers to find out the prices for Activities and conduct payment in a certain number of currencies which may be selected.
Should the currency selected by the User or Customer for display or the payment for the Service price be different than the currency accepted by the Partner selling the Service, it is hereby specified that the price displayed and retained shall be the result of a conversion of the Service price into the currency selected by the User or Customer.
In this case, the conversion rate applied shall be a market rate, calculated on the basis of the previous day’s rate, provided by a specialized service provider independent of Mountain Planet. Regarding payment, the reference rate shall be the one applicable on the reservation request date.
Customer payment in certain currencies may be subject to additional transaction fees automatically taken into account in the conversion rate used to display Service prices. Customers choosing this type of currency shall be informed at the latest when the order is validated. For more information regarding the relevant currencies, Users and Customers may contact Mountain Planet at: email@example.com.
DEAL CONFIRMATION PERIOD
48 hours (the countdown is 00:00 Australian time) since the final day of reserved Service (final day of reservation) – is the time interval (in fact, it can take 25 to 48 hours, given the difference in time zones), which is given to the parties of the transaction (Customer and Partner) to confirm / deny the transaction. Silent acquiescence stays for a transaction confirmation. In case the Customer or Partner wishes to notify the dispute (complaint/refutation) related to the Service (reservation), it is necessary to notify Mountain Planet by EMAIL at: firstname.lastname@example.org.
Partners and Customers may agree to apply the security deposit, which the Customer agrees to pay to the owners in connection with the claim for damages, or for covering the fee for exceeding the term of the rent a gear.
CREDIT CARD OR BANK TRANSFER
Mountain Planet facilitates (through third party payment processors) the payment of the relevant product or service for the benefit of the Partner (Mountain Planet never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of Mountain Planet until the moment you confirm that the transaction took place. Any payment facilitated by us for and on behalf o f, and transferred to the Partner will in each case constitute a payment of (part of) the reservation price by you of the relevant Service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.
PRE-PAYMENT, CANCELLATION AND FINE PRINT
By making a reservation with a Partner, you accept and agree to the relevant cancellation conditions of that Partner (including the fine of the Partner). The cancellation conditions of each Service is made available in Listing of the Partner, during the reservation procedure and on the confirmation page (if applicable). Please note that certain rates or special offers may be not eligible for cancellation. Please check the (reservation) details of your Service before making your reservation. Cancellation and reservation (prepayment) conditions may vary according to each Partner's offer (Listing). Please read carefully the fine print and important information in your reservation confirmation for additional conditions as may be applied by the Partner (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings). Delayed payment, wrong bank, invalid credit/debit cards or insufficient funds are at your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Partner agrees or allows otherwise under its (pre) payment and cancellation conditions.
If you wish to cancel your reservation, please revert to the confirmation page (email) and follow the information therein. Please note that you may be charged for your cancellation in accordance with the condition Partner's cancellation, (pre) payment conditions or not be entitled to any repayment of any (pre) paid amount. We recommend you to read the cancellation and (pre) payment Partner’s conditions before making your reservation and remember to make further payments on time as may be required for the relevant reservation.
If you have any delay on the approved date (first booking day) or only arrive the next day, make sure to (timely/promptly) communicate this to the Partner so they know when to expect you to avoid cancellation of your reservation or charge of the cancelation fee. Please be sure that you’ve got all necessary contacts of the Partner during the reservation procedure. Mountain Planet does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Partner.
(FURTHER) CORRESPONDENCE AND COMMUNICATION
By completing a booking, you agree to receive (i) an email which we may send you shortly before your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation and destination, and (ii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. Please see our privacy and cookies policy for more information about how we may contact you.
Mountain Planet disclaims any liability or responsibility for any communication with the Partner on or through its platform. You cannot derive any rights from any request to, or communication with the Partner or (any form of) acknowledgement of receipt of any communication or request. Mountain Planet cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Partner.
In order to duly complete and secure your reservation, you need to use a valid phone number and valid social network account. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against the Partner or regarding the Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of Service (except for the notification of the actual non-receipt of the service, which is sent within 48 hours from the date of the final day of reserved Service). Any claim or complaint submitted after 30 days (48 hours) period may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.
Payment Services may contain links to third party web sites and resources ("Third Party Services"). Such third-party services are governed by different terms and conditions, including the privacy practices, and the Members should be familiar with them separately. Mountain Planet is not responsible for the availability or accuracy of these third-party services, as well as for the content, products or services of third-party services. Links to third-party services do not imply any guarantee in relation to third-party services from Mountain Planet.
You may use the payment services only in accordance with the Australian law, the jurisdiction in which you live, and other applicable laws. In particular, but without limitation, the payment service can't be used for funds administration: (i) in the country to which Australia has embargoed; or (ii) persons, a list of persons of special categories in the sanctions list of the Australian government. You represent and warrant that: (i) neither you nor your Web Hosting, not in the country, which is under Australian embargo, or that has been designated by the Australian government as a "supporting terrorists"; and (ii) you do not get into any games that are included in the Australian government prohibited list. In addition to the above requirements, you must also comply with all relevant laws on export control in your jurisdiction.
For now, the withdrawal of funds credited to your account is made only through the PayPal system (USD only). When you add payment of funds to your account on Mountain Planet, you will need to specify a standard billing information, such as your name, billing address and information about your PayPal account. You must provide accurate, valid and complete information when you add payment means you are responsible for maintaining the validity of payment facilities. When you add payment of funds will require the following information for PayPal: your home address, email address.
At this stage Mountain Planet does not provide the possibility to make any change to the Reservation.
Customers wishing to change their Reservation must implement the cancellation procedure described hereinafter, and then register a new Reservation.
CANCELLATION BY THE CUSTOMER
The modalities for cancellation by the Customer, as well as the resulting fees are listed, for each Service, in the Service cancellation policy included in the description of the said Service. Mountain Planet’s ability to reimburse the Service is strictly governed by the provisions of the applicable cancellation policy.
A Customer and/or Participant that doesn't show on the scheduled day for the reserved Service shall be handled as a last minute cancellation and shall not give right to reimbursement.
CANCELLATION BY THE PARTNER
The Partner may cancel a Service if circumstances beyond its control make Service performance impossible or dangerous, such as poor weather conditions.
Partners shall inform Customer and/or Participant of such situations immediately or as soon as possible.
Where appropriate, the Partner may offer the Customer a change in the date selected for Service performance. Should the Customer refuse said offer, the terms and conditions applicable for a Service cancellation by the Partner shall apply, and the Customer may claim full reimbursement of the Service price, excluding any indemnities.
Reimbursement of the sums paid by the Customer for said Service shall be made without undue delay from the time information is received from the Partner regarding the cancellation.
The Mountain Planet shall make said reimbursement on behalf of the Partner.
The Service is offered without valuable consideration for Partners, in that no fees shall be applied by the Mountain Planet to Partners, as the latter shall only be responsible for receiving the sums due to the Customers pursuant to the Contract.
FREE OF CHARGE
Payments, which are accepted from Customer as a reservation through the Site transferred to the Partners taking into account the cost of Mountain Planet’s commission. At this stage (before October 1st, 2017), Mountain Planet commission rate is 0%. However, we reserve the right, at its sole discretion, to modify or terminate the Payment Services or to modify these Payments Terms at any time and without prior notice. If we modify these Payments Terms, we will post the modification on the Site or via the Application and/or may provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Payments Terms. Changes to the Payments Terms will be effective from the moment of posting. Your continued use of the Payment Services will constitute acceptance of the revised Payments Terms. Additionally, if the modified Payments Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Payments Terms don't seem acceptable for you, your only recourse is to cease using the Site. If you do not close your Mountain Planet Account you will be deemed to have accepted the changes.
With regard to complaints that can be submitted by the Customer/Partner, they can be done from the first day of the beginning of the tour/lease and up to 48 hours after its completion. If the complaint is filed, then the status of the funds won't change to "Available", but will keep being "Pending" until the resolution of the dispute.
Mountain Planet is concerned with its Customers’ experience and would like to offer a quality reservation experience.
Therefore, in cases of issues when reserving a Service or during its performance by the Partner, the Customer or Participant may:
● send an email to: email@example.com;
● write to Mountain Planet by MAIL to: Unit 46, 177 Bellevue Road, Sydney, NSW, Australia, 2023.
In cases of difficulties with a Partner, Mountain Planet shall contact the latter in order to attempt to settle the issue on behalf of the Customer, on a best efforts basis.
In the scenario where a Customer wishes to obtain partial or total reimbursement, such reimbursement – if accepted by the Partner – will be processed by Mountain Planet directly.
Moreover, while Mountain Planet takes issues encountered by its Customers and Participants with Partners or with respect to Service performance seriously, Mountain Planet shall not be held liable in any manner whatsoever in case of non-compliance in whole or in part with an obligation and/or poor performance by a Partner with respect to the execution of a Service.
Mountain Planet has implemented an assessment system allowing Customers to assess Partners and the Activities they propose.
In order to publish an assessment or opinion regarding a Partner or a Service, each Participant must be an adult, have a Mountain Planet account, and have effectively reserved and performed a Service with such Partner. Opinions may only be drafted once the relevant Contract has been performed.
Customers may also enter comments online as part of this assessment. Customer assessments shall be under the Customer’s sole responsibility, and the Mountain Planet will assume no liability in this regard.
Customers shall comply with applicable regulations and, in particular, objectively comment and assess the Activities and Partners and not express defamatory, harmful, or dishonest remarks regarding the Activities or Partners.
Moreover, assessments must be intelligible, exclusively cover the Service being assessed, and the text content may not contain personal information (such as first and last names of individuals, telephone numbers, addresses), financial information, links to other web sites, or any content that may give rise to a conflict of interest.
Moreover, Customers shall refrain from including any elements of a political or religious nature, or with sexual connotation in their assessments, racial, gender, national.
Mountain Planet moderates Customers’ assessments with the goal of ensuring compliance herewith. To this end, each assessment may be subject to ex-ante moderation. The Mountain Planet hereby reserves the right to contact a User if verification of an assessment is required.
Users or Partners may request moderation of an online assessment by writing to: firstname.lastname@example.org and explaining the reasons for the request.
The Mountain Planet reserves the right to delete any comment not in compliance with the above principles. In cases of repeated breach of the principles mentioned above, and after applying the procedures applicable to such breaches, the Mountain Planet may suspend or terminate the account of any User committing such repeated breaches.
It is hereby specified that Partners shall enjoy a right of response, which must be sent to the following address: email@example.com within a maximum of three months from the initial assessment publication date. Mountain Planet shall ensure the responses compliance herewith and all the points mentioned above before publishing it.
USER’S OBLIGATIONS AND COMMITMENTS:
COMPLIANCE WITH LAWS AND REGULATIONS
Users shall use the Site and the Service by respecting the rights of third parties and with respect and courtesy with regard to the rights of Partners and the Mountain Planet.
Users shall, while browsing the Site and using the Service, comply with applicable regulations.
In particular, Users shall:
not use the Site or Service to receive services that contravene applicable regulations;
not slander, insult, or denigrate a physical or legal person;
not create user accounts with fictional identities; not falsify their own identity;
not harm others by using the Site or the Service, and in particular not steal the identity of a third party, and not, more generally, use third party’s data;
not use the contact information obtained through the Site or the Service in order to disseminate unsolicited or unauthorized mail regardless of the form of communication or solicitation;
not use the contact information obtained through the Site or the Service to disseminate computer viruses or similar threats;
not harm Partners or Mountain Planet reputation, or Mountain Planet brand image;
not disrupt or allow interruption on the Site;
not harm or attempt to harm the services provided by one or more of the Mountain Planet’s contractor or partners and in particular the hosting company, including, non-exhaustively, exposing the Site to a virus, creating saturation, flooding the server, or saturating the messaging system with e-mails;
not access or attempt to access data not intended for Users or enter or attempt to enter any part of the server hosting the Site, in a private User space, and/or access or attempt to access all or part of the data Users are not authorized to access;
not probe, scan, or test a system’s or network’s vulnerability, or breach the Site’s or all or part of a Service’s security or authentication measures, or attempt to illicitly access the networks and systems connected to the Site;
not upload to the Site, display, or send by e-mail or any other means, any element containing software viruses or other codes, files, or computer programs designed for or with the effect of interrupting, destroying, or limiting the functionality of any computer software or hardware or any telecommunications equipment.
You will not use the Website if you:
1. are not able to form legally binding contracts;
2. are under the age of 18;
3. are a person barred from receiving and rendering services under the laws of Australia or other applicable jurisdiction;
4. are suspended from using the Website; or
5. do not hold a valid email address.
All free user accounts are associated with individuals. Users should not share their login credentials with other users. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
A Mountain Planet, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account, which pays corporate subscriptions.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
You hereby expressly accept that all electronic data, regardless of medium, in particular connections logs, computer files, logins, time stamping data, messages, e-mails, and others, emanating from the Mountain Planet’s database and those of its subcontractors and partners shall be fully enforceable against you.
You shall not contest the admissibility, validity, or enforceability of such elements of proof due to your dematerialized nature and acknowledge that such elements shall stand as evidence of the actual operations.
Therefore the elements in questions shall constitute evidence and, if produced by the Mountain Planet in a litigious procedure or other, shall be admissible, valid, and enforceable between the parties in the same manner, under the same conditions, and with the same probative force as any document drafted, received, or retained in writing on paper.
RIGHTS TO THE APPLICATION
The Mountain Planet hereby grants the User, without valuable consideration, a personal, non-exclusive, non-transferable license to use the Application as object code.
No other right shall be granted with regard to the Application. In particular, the Mountain Planet reserves the right to correct and modify the Application, without making any commitment to the User in this regard.
Enjoyment of the present license shall be strictly limited to use for enjoying the Service and may be called into question without notification by the Mountain Planet in cases of non-compliance by the User of the terms hereof.
The terms hereof shall be supplemented and clarified in the license terms included in the contract pursuant that the User is bound to the Platform.
Users hereby acknowledge that the terms hereof bind them to the Mountain Planet. In this regard, Users shall comply with these terms and shall be liable, with respect to the Mountain Planet, should they not respect these terms.
RIGHTS REGARDING DISTINCTIVE SIGNS
All brands, logos, and other distinctive signs appearing on the Site and Service, including domain names, shall be the Mountain Planet and its partners' exclusive property.
Any use, in any manner whatsoever, of said brands and/or logos and/or any other distinctive sign shall be subject to prior written authorization from the Mountain Planet or its Partners or other partners holding the relevant rights.
Users hereby acknowledge the Mountain Planet’s and its partners’ rights regarding said distinctive signs and shall refrain from any use thereof and more generally infringing the Mountain Planet’s and its partners’ intellectual property rights.
Users hereby acknowledge that any violation of such rights would constitute a prejudice for the Mountain Planet and/or the Partners and/or its partners, in particular in terms of damage to their image.
COMMENTS AND USER CONTENT
Users hereby cede to the Mountain Planet all intellectual property rights to the Content required and sufficient to allow the Mountain Planet to publish online and disseminate all or part of the Content on the site.
The rights ceded in this regard shall include, in particular: reproduction, representation, transmission, translation, distribution, use, and where appropriate modification and translation rights for media of all types. Said rights shall be ceded without valuable consideration, for the entire world and for the duration of the Content’s protection by intellectual property laws and authorize publication online by means of any technical process, known or future.
Users hereby guarantee they hold sufficient property rights to the Content to authorize such online publication and shall bear sole responsibility regarding the Content’s legal compliance. In this regard, Users shall ensure the Content published online does not infringe upon third party rights, in particular intellectual property rights.
Users shall hold the Mountain Planet harmless against any claims or legal actions related to publishing the Content on the Platform.
The Mountain Planet reserves the right, in cases of non-compliance by a User with one of the obligations mentioned herein, to suspend or exclude the User from enjoying the Service.
Such possibilities shall be without prejudice to the Mountain Planet’s possible liability remedies against said User.
USING MOUNTAIN PLANET
While using the website, you will not attempt to or otherwise do any of the following:
1. post content or items in inappropriate categories or areas on our websites and services;
2. infringe any laws, third party rights or our policies;
3. fail to deliver payment for services delivered to you;
4. fail to deliver seller's Services purchased from you;
5. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
6. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
7. transfer your Mountain Planet account (including feedback) and Username to another party without our consent;
8. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
9. distribute viruses or any other technologies that may harm Mountain Planet, the website, or the interests or property of Mountain Planet users (including their Intellectual Property Rights, privacy and publicity rights) or 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;
10. download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization;
11. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
12. copy, modify or distribute rights or content from the website or Mountain Planet's copyrights and trademarks; or
13. harvest or otherwise collect information about Users, including email addresses, without their consent.
14. taking into account the cost of the commission
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
Depending on your residency or location, you may be subject to certain ad valorem or other taxes (for example, GST in Australia), on income that will come to your Account.
You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
Partners will definitely agree to indemnify, defend, indemnify Mountain Planet, it’s officers, directors, employees and agents, and to bear the responsibility stipulated by the legislation in force, against all claims, liabilities, in cases of damage, of losses, debts, liabilities and expenses, including, without limitation, reasonable expenses for legal and / or accounting, arising with tax residence or in any way connected with it, including, without limitation, the tax rate for any amount, or non-payment in relation to your dealings.
Partners and Customers agree that we are entitled to charge any person an additional amount (or to withhold the amount from the paid funds) if collected and / or paid sums of the tax are not sufficient to fulfill Member’s obligations to the tax authorities in full, and Members agree that their only action in relation to collect taxes is a tax refund, collected by Mountain Planet, from the relevant tax authorities in accordance with applicable procedures established by the data of the tax authorities us.
When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of Member (user) content. We do not guarantee that Member (user) content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your Member (user) content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your Member (user) content at our sole discretion.
You represent and guarantee that your content:
1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
2. will not violate any law or regulation;
3. will not be defamatory or trade libelous;
4. will not be obscene or contain child pornography;
5. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons;
6. will not contain material linked to terrorist activities;
7. will not include incomplete, false or inaccurate information about User or any other individual; and
8. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Australia or the EEC-area. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Mountain Planet Services and may close your Account.
Information on the Website may contain general information about legal, financial, health and other matters. The information is not an advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a Platform and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Mountain Planet website. Use of third party content, links to third party content and/or websites is at your risk.
In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfill record keeping, regulatory, compliance, statistical, law enforcement and other obligations.
FEEDBACK, REPUTATION AND REVIEWS
You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Mountain Planet feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by Mountain Planet or its related entities, without our written permission.
Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a Project, Contest, item listed, user or service being performed on the Website.
We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws may protect the content of any advertisements or promotions. Unless expressly authorized by Mountain Planet or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
COMMUNICATION WITH OTHER USERS
Communication with other users on the Website must be conducted through text, audio and or video chat functionality, along with message boards, public clarification boards, Project message board, direct message sending and other communication channels provided on the Website.
In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed by written by using the chat or direct message function.
Mountain Planet may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.
PERSONAL DATA PROTECTION