Terms & Conditions

Website Terms of use

This website is operated by Kathmandu Limited (New Zealand Company No 139395) and its related entities (“Kathmandu Group”) on behalf of the Kathmandu Group Limited. In these Website Terms of Use and Security & Privacy Statement (“Terms”), the expressions “we”, “us” and “our” refer to the members of the Kathmandu Group.

Acknowledgement & Acceptance

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

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

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

Access and Use of Material on this Website

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

• You may only access and use this website and the Services in accordance with these Terms;
• You may only access parts of this website that are designated for unrestricted public access;
• You may only access other parts of this website if we have expressly given you permission to do so, but then only for the purposes, and in the manner, permitted;
• If we give you a password to access any part of this website or any Services, you must keep that password confidential and not disclose it to any other person. Nor may you permit any other person to use that password. You must change your password regularly. Further you must change it immediately if you believe that it has become known to any other person;
• You must follow our instructions when using the Services, and comply with any specific terms that we publish on this website or that we give you regarding the Services from time to time;
• You must make sure all information and instructions that you give us are true, correct and complete, and that you are authorised to provide the information and instructions;
• You may only save a local copy of, or print material posted on this website for your own information or research, or to inform others about this website.
• You may not reproduce, duplicate, copy, sell, re-sell, adapt, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, or caching by a storage or information retrieval system, or download accelerator) or otherwise exploit any part of this website for any commercial purpose;
• You must not post or transmit to this website any illegal, threatening, abusive, defamatory, obscene or indecent information or material of any kind, or encourage any other person to do so;
• You must not knowingly post or transmit or permit the posting or transmission of any material to this website which contains a virus;
• You must not post or transmit any material to this website which breaches any laws relating to a person's right to privacy or the export of personal information, or personal information about another person without their consent;
• You must take your own precautions to ensure that whatever you select from this website is free of viruses or anything else that may interfere with your or any third party's computer systems.

We also reserve the right to refuse access or edit or delete material posted by you in contravention of these Terms.

Products that we sell

Our products shown may be purchased online or at our stores. See Store Locations on this website for details.

Shopping Terms & Conditions

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

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

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

Pricing

All prices in the shopping areas are in Australian dollars (AU$) and include GST (10% sales tax). All prices are correct at time of publication; however we reserve the right to alter prices for any reason. If this should happen after you have ordered a product, we will contact you prior to processing your order.

Payment Processing

When an order is submitted your card will have a pre-authorisation placed against it, a standard practice in online transactions. This is a temporary hold on funds to enable your purchase to be processed. The funds will only be debited from your account at the time of dispatch.

FAQ's

• Are the pre-authorisation funds automatically released upon completion of the transaction?

This is controlled by the card issuer and in most cases pre-authorised funds are released when the transaction is fully completed. In some cases, card issuers may take from 3-7 business days; consult your card issuer for details.

• Who controls the release of pre-authorised funds?

The card issuer controls the suspension and release of funds. Please contact your card issuer for details.

Website and Credit Card Security

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

We take website and credit card security extremely seriously, and always endeavour to provide a secure safe platform on which to conduct online transactions,www.kathmandu.com.au uses the industry standard Secure Sockets Layer (SSL) protocol, which encrypts your information as it is transmitted over the internet. This encryption scrambles details such as credit card number, billing details and delivery address so that generally, other computers are unable to decipher the information, ensuring privacy and security.

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

Credit card details stored on site are encrypted using 168bit 3DES encryption. estaronline is also certified AIS compliant.

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

Contact Details

If you have any queries regarding shopping with kathmandu.com.au, please email or call 1800 333 484.

Children

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

Alternatively they may be purchased by contacting our mail order department on 1800 333 484. The “Mail Order” section on this website describes how our products may be purchased, our delivery and returns policy.

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

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

All product prices stated on this website are inclusive of Australian goods and services tax.

Disclaimers

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

• Prices and colours of products may change, and all products are subject to availability;
• Variations to products may occur from time to time for various reasons (including changes in seasonal range, or product specifications);
• While we try to represent products (including colours) accurately, the representation on your screen may be different to the actual product for various reasons;
• Description of products are summaries only (with further information available on request to us); and
• Due to technical or human error, information may be recorded incorrectly or omitted.

We do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on this website.

We do not warrant that access to this website will be uninterrupted or error-free, that defects will be corrected or that the site or the server that makes it available are free of viruses, bugs or anything similar that may impact the functionality, accuracy and/or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

Liability

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

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

Third Party Websites

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

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

Prohibitions

You must not:

• Use or attempt to damage, interfere with or introduce anything (including a virus, robot, spider, scraper or automated means) to this website or any network or system underlying or connected to it for any purpose, or act in any other way that compromises this website, the delivery of the Services, or any network or system underlying or connected to them;
• Use this website or any information or other material from this website, for any commercial purpose;
• Remove any copyright, trade mark or any other intellectual property notice from any material accessible on this website; or
• copy, distribute, alter or tamper with in any way, or otherwise use, any material contained in this website (except as expressly permitted in these Terms).

Intellectual Property Rights

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

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

Termination or Suspension

We may at any time and without notice:

• change the format and content of this website and/or any Services;
• stop providing, suspend or restrict your access to this website or any Service if you do not comply with any obligation you have to us (whether under these Terms or otherwise); or
• stop providing or suspend the operation of this website and/or the Services (in whole or in part).

No such action will affect any of our rights or your responsibilities under these Terms or otherwise, including any disclaimer.

Information about you

We understand that as a visitor to our website, you may be concerned about your privacy and about any information that we gain about you online. We are committed to protecting your privacy and to complying with the Privacy Act 1988 (Australia). The following terms tell you how information about you is treated as you access and interact with this website.

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

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

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

• if you choose to allow us to do so, to send you promotional or other information about us, our website, the Services or our products, or our partners' products, either through e-mail, ordinary mail, or some other means;
• to conduct research about our website, the Services, stores, sales or our products;
• to allow us to personalise our website or Services for you;
• to process any request that you make; or
• for security purposes.

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

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

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

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

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

Under the Privacy Act 1993 (New Zealand), you have certain rights to access and request correction of your personal information held by us. Any such request, or any inquiry, should be sent to the following address: Loyalty and Online Manager, Kathmandu Ltd, PO Box 1234, Christchurch, New Zealand.

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

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

If you have accessed Third Party Websites through this website and if the operators of those Third Party Websites collect information about you, we may also collect or have access to that information as part of our arrangements with those third parties.

Where you access a Third Party Website from this website, cookie information, information about your preferences or other information you have provided about yourself may be shared between us and the third party. You usually cannot be identified from the information that is shared. If you can be identified from this information, we will seek your consent before sharing the information.

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

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

If you have a dispute with us or want to know more about privacy issues in New Zealand, we encourage you to visit the New Zealand Office of The Privacy Commissioner’s website at http://www.privacy.org.nz/.

General

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

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

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