Terms and Conditions
TERMSPLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Last Updated: June 1, 2017
BETA DISCLAIMER
Please note that this is a beta version of the Mountain Planet website which is still undergoing final testing before its official release. The website, its software and all content found on it are provided on an “as is” and “as available” basis. Mountain Planet does not give any warranties, whether express or implied, as to the suitability or usability of the website, its software or any of its content. Mountain Planet will not be liable for any loss, whether such loss is direct, indirect, special or consequential, suffered by any party as a result of their use of the Mountain Planet website, its software or content. Any downloading or uploading of material to the website is done at the user’s own risk and the user will be solely responsible for any damage to any computer system or loss of data that results from such activities. Should you encounter any bugs, glitches, lack of functionality or other problems on the website, please let us know immediately so we can rectify these accordingly. Your help in this regard is greatly appreciated.
GENERAL DISCLAIMER
Mountain Planet makes no guarantee of validity
Mountain Planet is an online open-content collaborative encyclopedia; that is, a voluntary alpine community of individuals and groups working to develop a common resource of knowledge relating to alpine environment. The structure of the project allows anyone with an Internet connection to alter the most part of its content. Please be advised that nothing found here has necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information.
No formal peer review
Our active community of editors uses unique tools and features to monitor new and changing content. However, Mountain Planet is not uniformly peer reviewed; while readers may correct errors or engage in casual peer review, they have no legal duty to do so and thus all information read here is without any implied warranty of fitness for any purpose or use whatsoever. Even articles that have been vetted by informal peer review or featured article processes may later have been edited inappropriately, just before you view them.
None of the contributors, sponsors, administrators or anyone else connected with Mountain Planet in any way whatsoever can be responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in or linked from these web pages.
No contract; limited license
Please make sure that you understand that the information provided here is being provided freely, and that at this stage no kind of agreement or contract is created between you and the owners of this site, the owners of the servers upon which it is housed, the individual Mountain Planet contributors, any project administrators, sysops or anyone else who is in any way connected with this project or sister projects. You are being granted a limited license to copy anything from this site but only for private (not commercial) use; it does not create or imply any contractual or extracontractual liability on the part of Mountain Planet or any of its agents, members, organizers or other users.
There is no agreement or understanding between you and Mountain Planet regarding your use or modification of this information beyond the Creative Commons Attribution-Sharealike 3.0 Unported License (CC-BY-SA) and the GNU Free Documentation License (GFDL); neither is anyone at Mountain Planet responsible should someone change, edit, modify or remove any information that you may post on Mountain Planet or any of its associated projects.
Trademarks
Any of the trademarks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited in the pages of the Mountain Planet are the property of their respective owners. Their use here does not imply that you may use them for any purpose other than for the same or a similar informational use as contemplated by the original authors of these Mountain Planet articles under the CC-BY-SA and GFDL licensing schemes. Unless otherwise stated Mountain Planet site is neither endorsed by nor affiliated with any of the holders of any such rights and as such Mountain Planet cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk.
Personality rights
Mountain Planet contains material which may portray an identifiable person who is alive or deceased recently. The use of images of living or recently deceased individuals is, in some jurisdictions, restricted by laws pertaining to personality rights, independent from their copyright status. Before using these types of content, please ensure that you have the right to use it under the laws which apply in the circumstances of your intended use. You are solely responsible for ensuring that you do not infringe someone else's personality rights.
Jurisdiction and legality of content
Publication of information found in Mountain Planet may be in violation of the laws of the country or jurisdiction from where you are viewing this information. The Mountain Planet database is stored on servers in the Germany, and is maintained in reference to the protections afforded under local and federal law. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. Mountain Planet does not encourage the violation of any laws, and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce or republish the information contained herein.
Not professional advice
If you need specific advice, please seek a professional who is licensed or knowledgeable in that area.
CONTENT DISCLAIMER
Mountain Planet contains content that may be objectionable
In its encyclopedic function, Mountain Planet contains thousands of pages on a vast array of topics. A relatively small fraction of these topics are frequently censored by educational, governmental, corporate, parental, and other filtering schemes.
Some Mountain Planet pages may consist topics that are considered profane, vulgar, or offensive by some readers.
Pages may contain audio, visual, or written representations of people or events which may be protected by some cultures.
Mountain Planet contains many different images, some of which are considered objectionable or offensive by some readers.
Many pages contain frank discussion of controversial topics. Some subjects that are discussed have criminal applications in some jurisdictions. Others contain information on dangerous or otherwise risky activities (see Mountain Planet:General disclaimer and Mountain Planet:Risk disclaimer).
Mountain Planet contains spoilers.
Mountain Planet may contain triggers for people with post-traumatic stress disorder.
Mountain Planet may contain images and videos which can trigger epileptic seizures and other medical conditions.
Since Mountain Planet is open to contributions from the public, there may at any time be graffiti present on Mountain Planet.
There may be medical, legal or other information that is normally also the subject of professional opinions; Mountain Planet is not a substitute for seeking the help of a professional. Please note: Mountain Planet does not give legal advice or medical advice.
Mountain Planet's current policy is to include such content, provided it breaches neither any of our existing policies (especially Neutral point of view) nor the laws of the Australia, where Mountain Planet is hosted. None of these articles contain warnings.
In any case, Mountain Planet is a work in progress, and many pages and articles contain errors, bias, or duplication, or may simply need tender loving care. We encourage readers to help us fix these problems. The great majority of articles are written primarily or solely by individuals who are not subject matter experts, and may lack academic or professional credentials in the area.
Mountain Planet contains obscure information that would not be covered in a conventional encyclopedia. Mountain Planet's coverage is based on the interests of its volunteer contributors. Readers should not judge the importance of topics based on their coverage in Mountain Planet, nor assume that a topic is important merely because it is the subject of a Mountain Planet article.
RISK DISCLAIMER
Use Mountain Planet at your own risk. Please be aware that any information you may find in mountain planet may be inaccurate, misleading, dangerous, addictive, unethical or illegal.
Some information on Mountain Planet may create an unreasonable risk for readers who choose to apply or use the information in their own activities or to promote the information for use by third parties.
None of the authors, contributors, administrators, vandals, or anyone else connected with Mountain Planet, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages.
Please take all steps necessary to ascertain that information you receive from Mountain Planet is correct and has been verified. Check the references at the end of the article. Read the article's timeline page and revision history to see if there are outstanding disputes over the contents of the article. Double-check all information with independent sources.
If an article contains suggestions regarding dangerous, illegal or unethical activities, remember that anyone can post this information on Mountain Planet. The authors may not be qualified to provide you with complete information or to inform you about adequate safety precautions and other measures to prevent injury, or other damage to your person, property or reputation. If you need specific advice please seek a professional licensed or knowledgeable in that area.
Mountain Planet is not uniformly peer reviewed; while readers may correct errors or remove erroneous suggestions, they have no legal duty to do so. All information found on the site is without any implied warranty of fitness for any purpose or use whatsoever.
No consequential damages can be sought against Mountain Planet, as it is a voluntary association of individuals formed to create freely licensed online educational, cultural and informational resources. This information is being given to you gratuitously and there is no agreement or understanding between you and Mountain Planet regarding your use or modification of this information beyond the Creative Commons Attribution-Sharealike 3.0 Unported License (CC BY-SA) and the GNU Free Documentation License (GFDL).
OTHER DISCLAIMERS
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MOUNTAIN PLANET DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER. BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A MEMBER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MOUNTAIN PLANET EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MOUNTAIN PLANET MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MOUNTAIN PLANET MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RENTAL GEAR, GUIDED TOURS, GUIDES, CLIENTS, OWNERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOUNTAIN PLANET OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MEMBERS. YOU UNDERSTAND THAT MOUNTAIN PLANET DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW ANY LISTINGS. MOUNTAIN PLANET MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MOUNTAIN PLANET. MOUNTAIN PLANET EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CLIENT OR OTHER THIRD PARTY.
DO NOT RELY UPON ANY INFORMATION FOUND IN MOUNTAIN PLANET WITHOUT INDEPENDENT VERIFICATION.
BASIC TERMS
Mountain Planet provides an online platform that connects people who have equipment and guided tours to list and book with those seeking to book such equipment and guided tours (collectively, the “Services“), which Services are accessible at www.mountainplanet.com and any other websites through which Mountain Planet makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
If you are using the Site, Application or Services, these Terms of Service are between you and Mountain Planet Pty Ltd (hereinafter referred to as Mountain Planet Australia). Mountain Planet handle any and all payments and payouts conducted through or in connection with the Site, Application or Services (“Payment Services“). Payment Services provided by Mountain Planet are subject to the Payments Terms of Service (“Payments Terms“).
“Rental Gear” means any equipment hosted by Owner which he or she is ready to lease.
“Guided Tour” means guided expeditions and tours provided by Guides.
“Mountain Planet Content” means all Content that Mountain Planet makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Booking” means a limited license granted by the Owner to the Client to use the Listing for the limited duration of the confirmed booking, during which time the Owner (only where and to the extent permitted by applicable law) retains the right to use the Rental Gear, in accordance with the Client’s agreement with the Owner. Please note, as used on the Site, Applications, and Services, “short term rental” have the same meaning as “Booking;” all these terms mean a limited license to enter and use the Rental Gear for the duration of the confirmed booking as defined above.
“Booking Request Period” means the time period starting from the time when a Booking is requested by a Client (as determined by Mountain Planet in its sole discretion), within which an Owner may decide whether to confirm or reject that Booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Collective Content” means Member Content and Mountain Planet Content.
“Communication” means an email or message via the Application.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Client” means a Member who requests from an Owner or a Guide a Booking of a Listing via the Site, Application or Services.
“Guide” means a Member who creates a Guided Tour Listing via the Site, Application and Services.
“Owner” means a Member who creates a Rental Gear Listing via the Site, Application and Services.
“Listing” means a Rental Gear that is listed by a Owner as available for Booking via the Site, Application, and Services.
“Member” means a person who completes Mountain Planet’s account registration process, including but not limited to Owners and Clients, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Mountain Planet promotional campaign to be made available through the Site, Application or Services.
Statement of rights and responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the Mountain Planet Principles, and is our terms of service that governs our relationship with users and others who interact with Mountain Planet, as well as Mountain Planet brands, products and services, which we call the “Mountain Planet Services” or “Services”. By using or accessing the Mountain Planet Services, you agree to this Statement, as updated from time to time.
Because Mountain Planet provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
TERMS OF SERVICE
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms of Service “), whether or not you become a registered user of the Services. These Terms of Service govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Mountain Planet. Please also read carefully our Privacy Policy.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms of Service, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms of Service may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS AND GUIDES MAY CREATE LISTINGS FOR RENTAL GEAR AND GUIDED TOURS AND CLIENTS MAY LEARN ABOUT AND BOOK LISTINGS DIRECTLY WITH THE OWNERS OR GUIDES. YOU UNDERSTAND AND AGREE THAT MOUNTAIN PLANET IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN GUIDES OR OWNERS AND CLIENTS, NOR IS MOUNTAIN PLANET A REAL ESTATE BROKER, AGENT, TRAVEL AGENCY OR INSURER. MOUNTAIN PLANET HAS NO CONTROL OVER THE CONDUCT OF OWNERS, GUIDES AND CLIENTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON MOUNTAIN PLANET, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH MOUNTAIN PLANET IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF MOUNTAIN PLANET FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF MOUNTAIN PLANET. MOUNTAIN PLANET DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF MOUNTAIN PLANET, INCLUDING BY INAPPROPRIATELY USING ANY MOUNTAIN PLANET INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modification
Mountain Planet reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified 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 Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your Mountain Planet Account you will be deemed to have accepted the changes.
Eligibility
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
For users in the Australia, Mountain Planet will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the Australia, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Mountain Planet’s vendors.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and Booking of Rental Gear and Guided Tours. Such Rental Gear and Guided Tours are included in Listings on the Site, Application and Services by Guides and Owners. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Rental Gear or Guided Tour, or create a Listing, you must first register to create an Mountain Planet Account (defined below).
As stated above, Mountain Planet makes available an online platform or marketplace with related technology for Guides, Owners and Clients to meet online and arrange for Bookings of Rental Gear and Guided Tours directly with each other. Mountain Planet is not an owner of Rental Gear or provider of Guided Tours. Unless explicitly specified otherwise in the Mountain Planet platform, Mountain Planet’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE GUIDES, OWNERS AND CLIENTS CONNECTING AND BOOKING RENTAL GEAR AND GUIDED TOURS DIRECTLY WITH EACH OTHER. MOUNTAIN PLANET CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY RENTAL GEAR OR GUIDED TOURS. MOUNTAIN PLANET IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RENTAL GEAR AND GUIDED TOURS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
Account Registration
In order to access certain features of the Site and Application, and to book a Rental Gear, Guided Tour or create a Listing, you must register to create an account (“Mountain Planet Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook; each such account, a “Third-Party Account“), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Mountain Planet Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Mountain Planet through the Site, Services or Application; or (ii) allowing Mountain Planet to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Mountain Planet and/or grant Mountain Planet access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Mountain Planet to pay any fees or making Mountain Planet subject to any usage limitations imposed by such third-party service providers. By granting Mountain Planet access to any Third-Party Accounts, you understand that Mountain Planet will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your Mountain Planet Account and Mountain Planet Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Mountain Planet Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Mountain Planet’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Mountain Planet Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Mountain Planet makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Mountain Planet is not responsible for any SNS Content.
Your Mountain Planet Account and your Mountain Planet Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Mountain Planet Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Mountain Planet reserves the right to suspend or terminate your Mountain Planet Account and your access to the Site, Application and Services if you create more than one (1) Mountain Planet Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on Mountain Planet, you are not permitted to share your Mountain Planet Account with anyone or allow others to access or use your Mountain Planet Account. Mountain Planet may enable features, in our discretion, that allow other Members to take certain actions associated with your Mountain Planet Account, on your behalf with your express authorization, such as having your executive assistant, travel agent, or employer book on your. You agree that you will take sole responsibility for any activities or actions under your Mountain Planet Account, whether or not you have authorized such activities or actions. You will immediately notify Mountain Planet of any unauthorized use of your Mountain Planet Account.
IN PARTICULAR, GUIDES SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE AREAS. SOME AREAS HAVE LAWS THAT RESTRICT THEIR ABILITY TO PROVIDE GUIDING SERVICES. IN MANY AREAS, GUIDES MUST GET A PERMIT, OR OBTAIN A LICENSE BEFORE PROVIDING THEIR SERVICES. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. GUIDES SHOULD REVIEW LOCAL LAWS BEFORE LISTING A GUIDED TOUR ON MOUNTAIN PLANET.
Registration and Account Security
Mountain Planet users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on Mountain Planet, or create an account for anyone other than yourself without permission.
You will not create more than one personal account.
If we disable your account, you will not create another one without our permission.
You will not use your personal timeline primarily for your own commercial gain, and will use a Mountain Planet Page for such purposes.
You will not use Mountain Planet if you are under 18.
You will not use Mountain Planet if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on Mountain Planet that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Mountain Planet if we believe that it violates this Statement or our policies.
We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
If you collect information from users, you will: obtain their consent, make it clear you (and not Mountain Planet) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
You will not post anyone's identification documents or sensitive financial information on Mountain Planet.
You will not tag users or send email invitations to non-users without their consent. Mountain Planet offers social reporting tools to enable users to provide feedback about tagging.
Rental Gear and Guided Tour Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Rental Gear or Guided Tour to be listed, including, but not limited to, the location, group size, features, and availability of the Rental Gear or Guided Tour and pricing and related rules and financial terms. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guides, Owners and Clients preferences, ratings and/or ease of Booking.
Other Members will be able to book your Rental Gear or Guided Tour via the Site, Application and Services based upon the information provided in your Listing, your Client requirements, and Clients’ search parameters and preferences. You understand and agree that once a Client requests a Booking of your Rental Gear or Guided Tour, you may not request the Client to pay a higher price than in the Booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or a Client’s stay at, an Rental Gear or Guided Tour in a Listing you post (i) will not breach any agreements you have entered into with any third party agreements, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Rental Gear or Guided Tour included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Mountain Planet assumes no responsibility for a Guide’s and Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Mountain Planet reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Mountain Planet, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application or Services.
If you are a Guide or Owner, you understand and agree that Mountain Planet does not act as an insurer or as your contracting agent. If a Client requests a Booking of your Rental Gear or Guided Tour, any agreement you enter into with such Client is between you and the Client and Mountain Planet is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Booking of your Rental Gear or Guided Tour, such as requiring Members to have a profile picture or verified phone number, in order to book your Rental Gear or Guided Tour. Any Member wishing to book Rental Gear or Guided Tour included in Listings with such requirements must meet these requirements.
If you are a Guide or Owner, Mountain Planet makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or approve for Booking for your Rental Gear or Guided Tour. You acknowledge and agree that, as a Guide or Owner, you are responsible for your own acts and omissions.
Mountain Planet recommends that Clients and Owners obtain appropriate insurance for their Rental Gear or Guided Tour. Please review any insurance policy that you may have for your Rental Gear or Guided Tour carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.
No Endorsement
Mountain Planet does not endorse any Member, Listing, Rental Gear or Guided Tour.
Members are required by these Terms to provide accurate information. Although Mountain Planet may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
By registering for a Mountain Planet Account, you agree that Mountain Planet may - but is not obligated to - request a consumer report on you. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.
Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Mountain Planet about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to work with a Guide and Owner or to accept or approve a Booking request from a Client, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Mountain Planet with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Bookings or Listings made by you. This limitation shall not apply to any claim by a Guide or Owner against Mountain Planet regarding the remittance of payments received from a Client by Mountain Planet on behalf of a Guide or Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Safety
We do our best to keep Mountain Planet safe, but we cannot guarantee it. We need your help to keep Mountain Planet safe, which includes the following commitments by you:
You will not post unauthorized commercial communications (such as spam) on Mountain Planet.
You will not collect users' content or information, or otherwise access Mountain Planet, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Mountain Planet.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements, hidden advertisement, including alcohol, tobacco, any drugs, computer game or “death-group” etc) without appropriate age-based restrictions.
You will not use Mountain Planet to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of Mountain Planet, such as a denial of service attack or interference with page rendering or other Mountain Planet functionality.
You will not facilitate or encourage any violations of this Statement or our policies.
Damage to Rental Gear and Security Deposits
As a Client, you are responsible for returning the Rental Gear in the condition it was in when you take it. You acknowledge and agree that, as a Client, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you provide access to the Rental Gear. In the event that a Owner claims otherwise and provides evidence of damage (“Damage Claim“), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
Owners may choose to include security deposits in their Listings (“Security Deposits“). Each Listing will describe whether a Security Deposit is required for the applicable Rental Gear. Mountain Planet will use commercially reasonable efforts to address Owners’ requests and claims related to Security Deposits, but Mountain Planet is not responsible for administering or accepting any Damage Claims by Owners related to Security Deposits, and disclaims any and all liability in this regard.
The Owner may escalate the Damage Claim to Mountain Planet if the Owner and Client are unable to resolve a Damage Claim by themselves, or immediately in certain circumstances. If an Owner escalates a Damage Claim to Mountain Planet, you as a Client will be notified of the Damage Claim and given an opportunity to respond. If you as a Client agree to pay the Owner in connection with a Damage Claim, or if Mountain Planet determines, in its sole discretion, that you are responsible for damaging an Rental Gear, Mountain Planet will collect any such costs from you and/or against the Security Deposit in accordance with the Payments Terms. Mountain Planet also reserves the right to otherwise collect payment from you and pursue any avenues available to Mountain Planet in this regard in situations in which you have been determined, in Mountain Planet’s sole discretion, to have damaged any Rental Gear.
Both Clients and Owners agree to cooperate with and assist Mountain Planet in good faith, and to provide Mountain Planet with such information and take such actions as may be reasonably requested by Mountain Planet, in connection with any Damage Claims or other complaints or claims made by Members relating to Rental Gear, or with respect to any investigation undertaken by Mountain Planet or a representative of Mountain Planet regarding use or abuse of the Site, Application or the Services.
Security Deposits, if required by an Owner, may be applied to any fees due from a Client overhelding at a Listing without the Owner’s consent.
Overholding without the Owner’s Consent
Clients agree that a confirmed Booking is merely a license granted by the Owner to the Client to use the Listing for the limited duration of the confirmed Booking and in accordance with the Client’s agreement with the Owner. Clients further agree to return the Rental Gear no later than the time that the Owner specifies in the Listing or such other time as mutually agreed upon between the Owner and Client. Clients agree that the Owner can charge the Client, for each 24 hour period that the Client holds over the agreed period without the Owner’s consent, an additional day fee of two times the average day Listing Fee originally paid by the Client to cover the inconvenience suffered by the Owner, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Owner (collectively, “Additional Sums“). Mountain Planet will collect Additional Sums from Clients pursuant to the Payments Terms.
User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content.
Privacy
You agree that Mountain Planet’s Privacy Policy (as may be updated from time to time) governs Mountain Planet’s collection and use of your personal information.
Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the Australia and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Mountain Planet and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Mountain Planet used on or in connection with the Site, Application, Services, and Mountain Planet Content are trademarks or registered trademarks of Mountain Planet in the Australia and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Mountain Planet Content are used for identification purposes only and may be the property of their respective owners. As a Guide, Client, Owner or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content.
Mountain Planet Content and Member Content License
Subject to your compliance with these Terms, Mountain Planet grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Mountain Planet Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mountain Planet or its licensors, except for the licenses and rights expressly granted in these Terms.
Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Mountain Planet promotional campaigns, you hereby grant to Mountain Planet a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Mountain Planet does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Mountain Planet promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Mountain Planet promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Mountain Planet the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Mountain Planet’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Mountain Planet promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Links
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Mountain Planet is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Mountain Planet of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Some portions of the Mountain Planet platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Mountain Planet and you hereby irrevocably assign to Mountain Planet and agree to irrevocably assign to Mountain Planet all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Mountain Planet’s request and expense, you will execute documents and take such further acts as Mountain Planet may reasonably request to assist Mountain Planet to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Copyright Policy
Mountain Planet respects copyright law and expects its users to do the same. It is Mountain Planet’s policy to terminate in appropriate circumstances the Mountain Planet Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Term and Termination, Suspension and Other Measures
Term
These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Mountain Planet terminate these Terms as described below.
Termination for convenience
You may terminate these Terms at any time by sending us an email to delete your account. If you delete your Mountain Planet Account as a Guide or an Owner, any confirmed Bookings will be automatically cancelled and your Clients will receive a full refund. If you cancel your Mountain Planet Account as a Client, any confirmed Booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, Mountain Planet may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.
Termination for breach, suspension and other measures
Mountain Planet may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Mountain Planet Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Mountain Planet believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Mountain Planet or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition Mountain Planet may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your Mountain Planet Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Mountain Planet Account, or temporarily or permanently suspend your Mountain Planet Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Members, or (ii) Mountain Planet believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Mountain Planet or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Mountain Planet and an opportunity to resolve the issue to Mountain Planet’s reasonable satisfaction.
Consequences
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Mountain Planet Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Mountain Planet Account has been suspended or this Agreement has been terminated by us, you may not register a new Mountain Planet Account or attempt to access and use the Site, Application and Services through other Mountain Planet Accounts.
Survival
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
Special Provisions Applicable to Users Outside the Australia
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Mountain Planet outside the Australia:
You consent to having your personal data transferred to and processed in the Australia.
If you are located in a country embargoed by the Australia you will not engage in commercial activities on Mountain Planet (such as advertising or payments) or operate a Platform application or website. You will not use Mountain Planet if you are prohibited from receiving products, services, or software originating from the Australia.
Risks
High Altitude Mountaineering, as well as all other alpine activities such as hiking, rock climbing, ice climbing and backcountry skiing, is an extremely dangerous activities, where people die every year.
At the Mountain Planet, we do our best to provide true and reliable informational content to Alpine Community, but your use of our services (as well as the service of Guides, or rent gear services) is at your sole risk. We provide these services on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services and content we host, will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY RENTAL GEAR OR GUIDED TOURS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MOUNTAIN PLANET WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MOUNTAIN PLANET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY RENTAL GEAR AND GUIDED TOURS VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOUNTAIN PLANET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
DISPUTES
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Mountain Planet exclusively in the Australian Court and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of Australia will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on Mountain Planet, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Mountain Planet and are not responsible for the content or information users transmit or share on Mountain Planet. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Mountain Planet. We are not responsible for the conduct, whether online or offline, of any user of Mountain Planet.
WE TRY TO KEEP MOUNTAIN PLANET UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING MOUNTAIN PLANET AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MOUNTAIN PLANET WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT MOUNTAIN PLANET WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. MOUNTAIN PLANET IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Indemnification
You agree to release, defend, indemnify, and hold Mountain Planet and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of a Rental Gear and Guided Tours, or (iii) creation of a Listing; (d) the use, condition or Booking of a Listing by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of a Rental Gear.
Entire Agreement
Except as they may be supplemented by a document referenced and incorporated herein or by additional Mountain Planet policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Mountain Planet and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any Bookings or Listings of Rental Gear and Guided Tours made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mountain Planet and you regarding Bookings or listings of Rental Gear and Guided Tours, the Site, Application, Services, and Collective Content (excluding Payment Services).
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Mountain Planet’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Mountain Planet may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Mountain Planet (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the New South Wales and Australia, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Sydney, Australia for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
General
The failure of Mountain Planet to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mountain Planet. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
Contacting Mountain Planet
If you have any questions about these Terms, please contact Mountain Planet at support@mountainplanet.com