Terms and Conditions

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.

MWC Summer Gift Card Terms and Conditions
Receive a $25 Summer Gift Card with every $250 you spend (must be on a single transaction only). Offer only available to MWC members. Does not apply to commercial purchases. Offer ends 03/01/13 or while stocks last. Cannot be redeemed for cash. No change or additional cards will be given on purchases less than card value. Only redeemable in-store before 28th February 2013. Gift cards cannot be replaced if lost or stolen.

The Macpac Wilderness Club (MWC) is free to join & rewards members with exclusive deals & advance notice of promotions & new gear releases throughout the year. Through purchases made by MWC members, Macpac supports a number of conservation projects, outdoor activity communities & outdoor education projects.

For more information

International Orders
Displayed pricing applies to New Zealand resident customers (NZD) and Australian resident customers (AUD) only. International orders (countries other than New Zealand and Australia) will be processed in New Zealand dollar.

When an order is shipped outside of New Zealand or Australia you may be charged duties or taxes by your local government before the items will be released to you, as these are beyond our control please check with your local customs department prior to ordering should you have any concerns

Credit Card Details
Credit card details are not stored.
The name that will appear on cardholder’s statement is Macpac Ltd.

This website is operated by Macpac Ltd and its related corporations (“Mouton Noir Ltd” and “Fairydown”). In these Website Terms of Use and Security & Privacy Statement (“Terms”), the expressions “we”, “us” and “our” refer to Macpac Ltd.

Acknowledgement & Acceptance
Your use of this website, and any services provided through it (“Services”), are subject to these Terms and all applicable 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 parties' computer systems.

We may refuse access or edit or delete material posted by you in contravention of these Terms.

Liability
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is excluded.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of or our liability under such a condition or warranty, that condition or warranty will be included but our liability will be limited for a breach of that condition or warranty to one or more of the following (at our option):

• supplying the goods or services again;
• supplying equivalent goods or services;
• repairing the goods;
• paying the cost of supplying the goods or services again, or of acquiring equivalent goods or services; or
• refunding the price you paid us for the goods or services.

This exclusion does not prevent you getting a court order you are entitled to that requires us to do anything we have expressly agreed in writing to do for you. It is also not intended to exclude liability arising under statute if, and to the extent that, such liability cannot lawfully be excluded.

Except for liability for personal injury (including sickness and death), we do not accept liability for any damages (including special, indirect or consequential loss or damage), whether in an action in contract, negligence or other tort, arising out of or in connection with your access to this website or any goods or services that you purchase from us.

You acknowledge that despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of the information on your computer or this website. We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.

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 (“îhird 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 websites 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 Marketing Manager, Macpac Ltd, 8 Kennedy Place, 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 ҪӠsymbol is attached is our trade mark, and any to which the ҨӠmark is attached is a registered trade mark. If you use our trade marks in relation to our activities, the Services or our products, 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 our rights or your responsibilities under these Terms or otherwise, including any disclaimer.

Macpac Wilderness Club –†Terms and Conditions
By signing up for the Macpac Wilderness Club, you agree to receive information from Macpac, including e-mails. Your membership will be renewed automatically for FREE when you make a purchase during the 12 calendar months of your membership. To retain valid membership, members must also provide a valid email address within 12 months of joining. Members details will not be sold to any third party at any stage. Members have the right to unsubscribe or terminate their membership at any time. MWC discounts apply to full-priced stock only and not to the purchase of gift vouchers. MWC benefits are not available in conjunction with other products and promotions –†unless members are advised otherwise. Macpac may amend the benefits and discounts available from time to time; any changes will be communicated on the Macpac web site. MWC benefits apply to NZ stores to members residing in NZ and to AU stores to members residing in AU . Membership not transferable.

These conditions should be read and accepted in conjunction with the Web Terms and Conditions and the Macpac Privacy Policy.