Agreement between You and Mountain Shade
Mountain Shade’s Web Site is offered to you and conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Mountain Shade Web Site constitutes your agreement to all such terms, conditions, and notices.
Mountain Shade reserves the right to change the terms, conditions, and notices under which Mountain Shade Web Site is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on Mountain Shade Web Site. Your continued use of Mountain Shade Web Site constitutes your agreement to all such terms, conditions, and notices.
Our ability to Modify Services
Mountain Shade may modify, suspend, discontinue or expand the extent of the services provided on this site at any time in its absolute discretion.
Information on this site
Mountain Shade Web Site presents information provided by our suppliers and our own opinions. We make no representations as to the accuracy of the information presented at or via the Web Site.
You agree that you must evaluate, and bear all risks associated with, the use of all information at the Web Site, including any reliance on the accuracy, completeness, or usefulness of it. By using the Web Site you agree that Mountain Shade and any of its subsidiary or related or affiliated companies or any of their employees or agents are not responsible for:
a) the accuracy or otherwise of the information displayed or omitted from the Web Site;
b) any person’s reliance on the information presented on the Web Site;
c) any loss in connection with the use of the Web Site.
Our Proprietary Rights
You acknowledge and agree that:
a) the Web Site and any necessary software used in connection with the Web Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws;
b) The Content contained in sponsor advertisements or information presented to you via the Web Site or third parties such as advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
c) the Content and documentation you view and or download from this site will not be used for any other purpose than your own research for the purposes of buying products related to the information on this website. You agree not to copy or use in any way, or to pass onto other parties, the content and documentation you view or download from this website. This explicitly includes pricing and quotation information generated by this website.
Except as expressly authorised by Mountain Shade or the relevant third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Site, in whole or in part.
Disclaimer of warranties
You expressly understand and agree that:
a) your use of this Site is at your sole risk.
b) the Site is provided on an “as is” and “as available” basis.
Mountain Shade expressly disclaims all warranties of any kind, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Mountain Shade makes no warranty :
a) the Site will meet your requirements;
b) the Site will be uninterrupted, timely, secure, or error-free;
c) the results that may be obtained from the use of the Web Site will be accurate or reliable;
d) the quality of any products, services, information, or other material purchased or obtained by you through the Web Site will meet your expectations; and
e) any errors in the Web Site will be corrected.
Any material downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Mountain Shade or through or from the Web Site shall create any warranty not expressly stated.
Limitation of liability
You understand and agree that Mountain Shade, its related corporations and the employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if Mountain Shade has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:
a) the use of, or the inability to use the Web Site;
b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the Web Site;
c) unauthorised access to or alteration of your transmissions or data;
d) statements or conduct of any third party on the Site; or
e) any other matter relating to the Site or products ordered through the Site.
in the case of goods supplied by Mountain Shade to any one of the following at our option:
a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
d) the payment of the cost of having the goods repaired; and
in the case of services supplied by Mountain Shade to any one of the following at our option:
e) the supplying of the services again;
f) the payment of the cost of having the services supplied again.
Mountain Shade business name, registered designs and trademarks, including the distinctive slogans and logos, that appear at the Web Site are trade marks of Mountain Shade or other third parties (the Trademarks). Any third party Trademarks are the respective property of the owner of that Trademark. You agree not to display or use or link to the Trademarks in any manner without prior permission from Mountain Shade or the relevant third party owner.
Links to third party sites or services
This site contains links to sites of third parties. Those sites are not under the control of Mountain Shade and Mountain Shade is not responsible in any way for the contents of any linked site. The links are provided for your convenience only and the existence of the link does not imply any endorsement of the linked site by Mountain Shade. Any link by you to a third party’s site is done at your own risk.
Mountain Shade is not responsible for webcasting or any other form of transmission received from any linked site.
This site also contains advertisements for third parties (including banner ads or other types of advertisements). Those advertisements may also contain links to other sites controlled by third parties. Any third party pays for its advertising on this site and Mountain Shade does not recommend or endorse any products or services offered by its advertisers. You must check with the advertiser for information about products or services offered.
Mountain Shade does not endorse any offers made by any third parties and Mountain Shade is not a party to the making of the offer. The third party advertiser is solely responsible to you for the offer and for any goods and services you purchase from them.
Mountain Shade relies on you observing these terms at all times. You agree to indemnify and hold Mountain Shade and its officers and employees harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your use of this site. The indemnity is this clause extends to and covers your breach of these terms.
Rights to use information you send us
If you send any information to us whether by email or in any other form, then we have the right to reproduce, distribute, transmit, create derivative works of or publicly display any materials or other information that you submit. This right extends to any ideas you might send us in regard to new or improved products or services.
If you engage with us for the purposes of commercial offer evaluation ( seek a quote or download information pertaining to pricing from our website), you Opt in and resultantly grant us a right to send you information in the form of email, telephone, sms, mms and social media, and we may continue to send you such information till you Opt out.
We also capture IP addresses of site visitors and as such we reserve the right to use this information ( exclusively or combined with other information we have ) to identify website use violators or malicious website users and attackers.
All transactions are in Australian currency.
Notices must be in writing and may be given by hand, ordinary prepaid post, facsimile or email. A notice by us to you is taken to be duly given and received –
- if delivered by hand, when delivered
- if delivered by prepaid ordinary post, on the second business day after posting
- if delivered by facsimile, upon completion of transmission and receipt by the sender of the appropriate transmission report
- if delivered by email, one business day after sending.
These terms are covered by the law in force in the State of Victoria and the parties are to submit to the non-exclusive jurisdiction of the courts of Victoria.
If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.