ONLINE STORE TERMS OF USE

About Our Online Store

1. LTTS Online Store store.treksupport.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

2. The Website is operated by Explorers Australia Pty Ltd, trading as Larapinta Trail Trek Support (LTTS) (ABN 23 128 921 979) . Access to and use of the Website, or any of its associated Products or Services, is provided by Larapinta Trail Trek Support (LTTS). Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

3. Larapinta Trail Trek Support (LTTS) reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Larapinta Trail Trek Support (LTTS) updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

4. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Larapinta Trail Trek Support (LTTS) in the user interface.

Registration to use the Purchase Services

5. In order to access the Purchase Services, you must first register as a user of the Website. You must be a previous or current LTTS Customer or local NT Resident in order to buy from our store. All other orders will be canceled. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

Email address
Preferred username
Mailing address
Telephone number
Password
LTTS Booking Code

6. You warrant that any information you give to Larapinta Trail Trek Support (LTTS) in the course of completing the registration process will always be accurate, correct and up to date.

7. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

8. You may not use the Purchase Services and may not accept the Terms if:

A. you are not of legal age to form a binding contract with Larapinta Trail Trek Support (LTTS); or
B. you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

Your Account With Us

9. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

10. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

11. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

12. You agree that if a complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

Our contract with you

13. This agreement contains the entire agreement between the parties

14. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

15. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

16. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

17. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

18. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

Acceptance of Your Order

19. Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order. Once you make and pay for your order, the order is deemed final.

20. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

a. accept the alternatives we offer;
b. cancel all or part of your order.

Price and Payment

21. The price payable for the Goods that you order is clearly set out on Our Website and in the order.

22. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.

23. Prices include goods and services tax (“GST”). If you show by your delivery address that you reside outside the Commonwealth of Australia, we will refund to you the amount charged as GST.

24. If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.

25. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.

26. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

27. If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.

28. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

29. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.

Security of Your Credit Card

31. We take care to make Our Website safe for you to use.

32. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

33. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

Delivery and Pick up

34. Goods are delivered within 7 -9 days from the day you place an order to purchase the Goods. This will vary on the shipping method you choose.

35. If you choose the Pre-Trek Delivery Option, your order will be delivered on your nominated pre-trek delivery date to your accommodation.

36. We may deliver the Goods in instalments if they are not all available at the same time for delivery.

37. All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity.

38. Non Pre-Trek deliveries are sent by post. We will send you a message by email to tell you when we have despatched your order

39. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

40. Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.

Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

Returns

41. These provisions apply in the event that you return any Goods to us for any reason.

42. We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them. We do not accept any returns of stove fuel or trek food ( dehydrated/freeze dried meals).

43. Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly.

44. The Goods must be returned to us as soon as any defect is discovered but not later than 15 days after you receive your order.

45. So far as possible, Goods should be returned:

a. with both Goods and all packaging as far as possible in their original condition;
b. securely wrapped;
c. including our delivery slip;
d. at your risk and cost.

46. You must tell us by email message to store@treksupport.com.au that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.

47. In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.

48. Most of the Goods are covered by the manufacturer's guarantee for a minimum of 12 months. Please first check the manufacturer's operating instructions and warranty.

49. If delivery was made to Australian address, you are also protected by the Competition and Consumer Act 2010.

50. If we agree that the Goods are faulty, we will:

a. refund the cost of return carriage;
b. repair or replace the Goods as we choose.

Warranty

51. Larapinta Trail Trek Support (LTTS)'s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

52. You may make a claim under this clause (the ' Warranty Claim') for material defects and workmanship in the Products within 6 months from the date of purchase (the ' Warranty Period').

53. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Larapinta Trail Trek Support (LTTS) showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Larapinta Trail Trek Support (LTTS) at PO Box 5050, Alice Springs, Northern Territory, 0871 or by email at store@treksupport.com.au.

54. Where the Warranty Claim is accepted then Larapinta Trail Trek Support (LTTS) will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

55. The Warranty shall be the sole and exclusive warranty granted by Larapinta Trail Trek Support (LTTS) and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

56. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

57. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

Security of Our Website

58. If you violate Our Website we shall take legal action against you.

59. You now agree that you will not, and will not allow any other person to:

a. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
b. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
c. download any part of Our Website, without our express written consent;
d. collect or use any product listings, descriptions, or prices;
e. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
f. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
g. share with a third party any login credentials to Our Website.

60. Despite the above terms, we now grant a licence to you to:

a. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
b. you may copy the text of any page for your personal use in connection with the purpose of Our Website

61. The Website, the Purchase Services and all of the related products of Larapinta Trail Trek Support (LTTS) are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Larapinta Trail Trek Support (LTTS) or its contributors.

62. Larapinta Trail Trek Support (LTTS) retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

a. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Larapinta Trail Trek Support (LTTS); or
b. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
c. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

63. You may not, without the prior written permission of Larapinta Trail Trek Support (LTTS) and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

64. Larapinta Trail Trek Support (LTTS) takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Larapinta Trail Trek Support (LTTS)'s Privacy Policy, which is available on the Application or you can view our Privacy Policy here.

General Disclaimer

65. You acknowledge that Larapinta Trail Trek Support (LTTS) does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

66. Larapinta Trail Trek Support (LTTS) will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

67. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

68. Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded

69. Larapinta Trail Trek Support (LTTS) will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase

70. Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

71. Use of the Website, the Purchase Services, and any of the products of Larapinta Trail Trek Support (LTTS) is at your own risk. Everything on the Website, the Purchase Services, and the Products of Larapinta Trail Trek Support (LTTS), are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Larapinta Trail Trek Support (LTTS) make any express or implied representation or warranty about its Content or any products or Purchase

Services (including the products or Purchase Services of Larapinta Trail Trek Support (LTTS)) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

a. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
c. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
d. the Content or operation in respect to links which are provided for the User's convenience;
e. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
f. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Limitation of Liability

72. LARAPINTA TRAIL TREK SUPPORT (LTTS)'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE SERVICES OR THESE TERMS, HOWEVER ARISING, INCLUDING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), IN EQUITY, UNDER STATUTE OR OTHERWISE, WILL NOT EXCEED THE MOST RECENT PURCHASE PRICE PAID BY YOU UNDER THESE TERMS OR WHERE YOU HAVE NOT PAID THE PURCHASE PRICE, THEN THE TOTAL LIABILITY OF LARAPINTA TRAIL TREK SUPPORT (LTTS) IS THE RESUPPLY OF INFORMATION OR PURCHASE SERVICES TO YOU.

73. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LARAPINTA TRAIL TREK SUPPORT (LTTS), ITS AFFILIATES, EMPLOYEES, AGENTS, CONTRIBUTORS, THIRD PARTY CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION AND ANY OTHER INTANGIBLE LOSS.

74. LARAPINTA TRAIL TREK SUPPORT (LTTS) IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY SITE CONTENT (INCLUDING THE CONTENT AND THIRD PARTY CONTENT) POSTED ON THE WEBSITE OR IN CONNECTION WITH THE PURCHASE SERVICES, WHETHER POSTED OR CAUSED BY USERS OF THE WEBSITE OF LARAPINTA TRAIL TREK SUPPORT (LTTS), BY THIRD PARTIES OR BY ANY OF THE PURCHASE SERVICES OFFERED BY LARAPINTA TRAIL TREK SUPPORT (LTTS).

Indemnity

75. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LTTS STORE AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.

Severability

76. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Miscellaneous matters

77. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

78. Where we provide goods and services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.

79. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

80. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

81. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

82. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

a. It shall be deemed to have been delivered:
b. if delivered by hand: on the day of delivery;
c. if sent by post to the correct address: within 72 hours of posting;
d. If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

83. Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message.

84. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

85. This agreement does not give any right to any third party.

86. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.

87. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

88. The validity, construction and performance of this agreement shall be governed by the laws of the Northern Territory.

Compliance Team

Larapinta Trail Trek Support

compliance(at)treksupport.com.au

Last updated 1 April 2019