TERMS & CONDITIONS – THE BOOT FITTER

1. Sale of Goods / Provision of Services

   1. 1.1.  The Boot fitter provides the goods and/or services subject to these terms and

      conditions:

   2. 1.2.  Each time you purchase goods and/or engage the services of The Boot fitter, you

      agree to be bound by these conditions of use, and as amended from time to time with our without notice to you.

2. Third Party Services
   2.1. Goods and services of third parties may be advertised and/or made available

   through The Boot fitter;

   1. 2.2.  Representations made regarding products and services provided by third parties are

      governed by the policies and representations made by these third parties;

   2. 2.3.  The Boot fitter shall not be liable or responsible in any manner for any of your

      dealings or interactions with third parties.

3. Disclaimer of Warranty
   3.1. Other than is required under applicable consumer protection law, under no

   circumstances will The Boot fitter be liable for any loss or damage caused by a user’s reliance on information obtained through The Boot fitter or any other associated party. It is the user’s responsibility to evaluate the accuracy completeness or usefulness of any opinion, advice, or other content available through The Boot fitter or any other associated party. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

4. Limitation of Liability
   4.1. You expressly acknowledge that Snowsports activities are dangerous and that by

   participating in them, you are exposed to certain risks.

4.2. You expressly understand that The Boot fitter shall not be liable for any direct,

indirect, special, incidental, consequential, or exemplary damages, including but not limited to damages for compensation, negligence, loss of profits, earning capacity, goodwill, or any other loss to person and/or other arising from or out of:

1. 4.2.1.  The use of or inability to use the product or service provided by The Boot fitter;

2. 4.2.2.  Any damage to person or property including third party persons that arises from direct or indirect use of the product or service;

3. 4.2.3.  The cost to obtain substitute goods and/or services resulting from the damage to person or property in 3.1 above;

4. 4.2.4.  Statements, conduct or defectiveness of products or services of any third party associated with The Boot fitter;

5. 4.2.5.  Any other matter relating to the products, goods and/or services supplied or provided by The Boot fitter.

1. Indemnity
   5.1. You agree to indemnify and hold harmless The Boot fitter, our subsidiaries,

   affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with The Boot fitter or The Boot fitter’s product and/or service, your provision of Content, your violation of this Conditions of Use or any violation of the rights of another person or party.

2. Reservation of Rights
   6.1. The Boot fitter reserves all rights, including but not limited to any and all

   copyrights, designs, trademarks, patents, trade secrets, any other proprietary right

   that we may have in the goods and services that may be provided;

6.2. The use of The Boot fitter’s right and property requires The Boot fitter’s prior

written consent and The Boot fitter’s provision of goods and services do not represent implied or express rights for use.

7. Applicable Law
7.1. You agree that these Term and Conditions and any dispute arising out of your use of

The Boot fitter’s products or services, or those of any associated third party, shall be governed by and construed in accordance with laws of NSW or any subsequent business the Boot fitter is located, without regard to the conflict of laws provisions of that place;

7.2. By registering or using the products and services of The Boot fitter and/or an associated third party, you consent and submit to the exclusive jurisdiction of where the premises of The Boot fitter is located.

8. Miscellaneous
8.1. In the event that these Terms and Conditions conflicts with any law under which

any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and intact;

1. 8.2.  The failure of either party to assert any right under these Terms and Conditions shall not be considered a waiver of the rights of either party and those rights will remain in full force and effect;

2. 8.3.  You agree that without regard to any statute or contrary law that any claim or cause arising out of The Boot fitter or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;

3. 8.4.  We may assign our rights or obligations under these Terms and Conditions and we shall be relieved of any further obligations.