Terms & Conditions
This website is owned by Sea to Summit Pty Ltd.
By using this website to browse, select and purchase Products, you agree to be bound by and comply with these terms and conditions, our Privacy Policy and any other policy on our website. Please take a few minutes to read through these terms and conditions and the policies on our website.
The terms and conditions set out on this website (“Terms”) incorporates our Privacy Policy and other documents referred to within these Terms.By using this website, you warrant to Sea to Summit that you will:
(a) not use our website in a manner that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b) not use our website in a manner that interferes with or disrupt the website or the networks that host the website, interferes with any security related or other features of our website or interferes with other users or customers of our website;
(c) not modify, copy, translate or reverse engineer any portion of the website;
(d) not remove or copy any copyright, trademark, photographic image or any other content or functionality on our website; and
(e) not harvest information about our customers, including email addresses, without their consent.
Sea to Summit reserves the right to amend these Terms at any time. Please ensure that you refer to these Terms each time you use our website or make a purchase from our website. If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.
Whilst Sea to Summit takes steps to ensure that all details, descriptions and prices which appear on this website are accurate, errors (such as errors with pricing, shipping, payment terms or return policies) may occur. As soon as an error is brought to our attention, we will let you know if it affects an Order that you have or intend to place through our website. We may choose not to fill your Order (or any part of it) that you have placed if it contains any errors or inaccuracies.
Sea to Summit is not liable to you or others for any Loss arising from or in connection with the use of this website or any links to websites, plug-ins, applications and other resources operated by third parties. This includes any interference with, or damage to, your computer system in connection with the use of this website or any linked website/s. It is your responsibility to take precautions to ensure that this website is free from viruses and any other compromises that may interfere with your computer system and any information stored within it. Any links to other websites should not be taken to be an endorsement, approval, preference or recommendation by us. Access to any linked website is at your own risk.
To the extent permitted at law, Sea to Summit excludes all warranties and conditions implied by custom, law or statute. However, all rights, guarantees and remedies expressly provided for under the Competition and Consumer Act 2010 and similar State and Territory legislation in Australia is not excluded and will apply. If you are under 18 years of age, you must obtain your parent or guardian’s consent before accessing or using this website, or purchasing any Product from this website. All purchases made on this website is deemed to have been made by a person over 18 years of age.
We may, from time to time, take down this Website to perform maintenance (including urgent, scheduled and unscheduled maintenance). Where the website is to be taken down for scheduled maintenance, we will endeavour to schedule the maintenance for times that will have minimal interruption to most visitors. You accept and understand that at times this website may need to be taken down for urgent, unscheduled maintenance. We assume no responsibility for any interruption, defect, delay in operation or transmission, technical malfunction or other problem relating or resulting from the website being offline or otherwise unavailable.
(a) The Privacy Policy applies to all purchases of Products that you ordered through this website and forms part of these Terms.
(b) By accessing this website, you agree to our Privacy Policy and we may:
i. collect Personal Information from you, which you provide us, when you place an Order through the website or when you engage with our team over the phone, by email or any other means of communication;
ii. share your Personal Information with our Related Entities and to persons, companies or other entities who perform functions or services on our behalf, such as IT services, mailing functions, gateway providers, organisations that assist us to check for or prevent unauthorized or fraudulent transactions, or where otherwise required by law.
(c) We reserve the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or cancel the transaction. If this happens, you must pass our fraud prevention protocols before your Order can be accepted. If you do not provide the requested information within the required time frame, your Order will be cancelled and payment returned, if applicable, to the method you originally paid. These information requests are sent to help protect credit card holders from online fraud.
(d) Unless you have opted out, you agree to us communicating with you via various channels and media (including by email, SMS, phone, mail and by advertising on certain websites and social media) about offers, events and promotions and those communications may relate to brands that we distribute. You agree to continue receiving communications from us until the time that you opt out.
(e) If you opt of our communications, there are still some messages that we can send you. These include, for example, messages relating to recalls, product safety information, updated product information or forgotten passwords. Opting out of receiving communications will not opt you out of receiving these types of messages.
(a) We own all right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the website and its contents, and will at all times remain the exclusive property of, us, our licensors and the providers of any other products and services accessible through the website. The Intellectual Property on our website is protected by Australian and international law. Nothing in these Terms will constitute any licence of intellectual property rights to you.
(b) You:
i. must not modify, copy, adapt, store, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any material on the website or any Intellectual Property, without our prior written consent; and
ii. must not frame, copy or embed in another website any of the material appearing on this website.
(c) You must not use any marks or trademarks appearing on this website, or our name or the names of the brands that we distribute, in any setting including on any social media platform.
(a) Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. The remaining provisions of these Terms remain unaffected nor does it affect the validity or enforceability of that provision in any other jurisdiction.
(b) Any failure or delay by us to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and our exercise of a power or right does not preclude its future exercise or the exercise of any power or right.
(c) The laws of Western Australia, Australia govern this agreement. Your transaction is deemed to have taken place in Western Australia, Australia.
The following definitions apply to these Terms.
Our /We/ Us means Sea to Summit Pty Ltd
Order means a request by you to purchase Products from us pursuant to these Terms (whether through the Website or through our customer service team over the phone, online or through any other means, as applicable).
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Privacy Policy means the privacy policy available here. Product means the items offered for sale on the Website or by us directly including via our customer service team.