Mountain and Trail – Terms and Conditions of Use

1.    Introduction

1.1     These terms and conditions govern your use of our website.

1.2     By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3     If you make a purchase on our website, we will ask you to expressly agree to these terms and conditions.

1.4     You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age

2.         Copyright notice

2.1     Copyright (c) 2017 Mountain and Trail Ltd.

2.2     Subject to the express provisions of these terms and conditions:

(a)      we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)      all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3.         Licence to use website

3.1     You may:

(a)      view pages from our website in a web browser;

(b)      download pages from our website for caching in a web browser;

(c)      print pages from our website;

(d)      stream audio and video files from our website; and

(e)      use [our website services] by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2     You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.3     Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.4     Unless you own or control the relevant rights in the material, you must not:

(a)      republish material from our website (including republication on another website);

(b)      sell, rent or sub-license material from our website;

(c)      exploit material from our website for a commercial purpose

4.         Acceptable use

4.1     You must not:

(a)      use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website;

(e)      access or otherwise interact with our website using any robot, spider or other automated means; or

(g)      use data collected from our website for any direct marketing activity.

4.2     You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.         Products

5.1     We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.2     Prices stated on our website may be stated incorrectly however we seek to provide you with the most accurate information we have available at all times.

6.      Report abuse

6.1    If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

6.2    You can let us know by email on anthony@mountainandtrail.uk.

7.      Limited warranties

7.1    We do not warrant or represent:

(a)      the completeness or accuracy of the information published on our website;

(b)      that the material on the website is up to date; or

(c)      that the website will remain available.

7.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website at any time in our sole discretion without notice or explanation.

8.      Limitations and exclusions of liability

8.1    Nothing in these terms and conditions will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)      limit any liabilities in any way that is not permitted under applicable law; or

(d)      exclude any liabilities that may not be excluded under applicable law.

8.2    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

8.3    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

8.4    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

9.      Breaches of these terms and conditions

9.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)      send you one or more formal warnings;

(c)      contact any or all your internet service providers and request that they block your access to our website;

(c)      commence legal action against you, whether for breach of contract or otherwise.

10.      Variation

10.1    We may revise these terms and conditions from time to time.

10.2    The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.

10.3     By purchasing from Mountain and Trail Ltd. you agree to these Terms and Conditions and any amendments that are made between purchases.

11.      Third party rights

11.1    These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

12.      Entire agreement

12.1    Subject to Section 8.1, these terms and conditions constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

13.      Law and jurisdiction

13.1    These terms and conditions shall be governed by and construed in accordance with English law.

14.      Statutory and regulatory disclosures

14.1    Our VAT number is 238465876.

15.      Our details

15.1    This website is owned and operated by Mountain and Trail Ltd.

15.2    We are registered in England and Wales under registration number 09356203, and our registered office is at 7 Regent Court, Ipstones, Staffordshire, ST10 2QG.

15.3    Our principal place of business is at Lulworth House, 51 High Street, Cheadle, Stoke-on-Trent, Staffordshire, ST10 1AR.

15.4    You can contact us by writing to the business address given above, by email to anthony@mountainandtrail.uk or by telephone on +44 (0) 1538 756644.