Terms of service
Welcome to AdventureOhm. AdventureOhm is brought to you by AdventureOhm LLC (referred to in these Terms as "we", "us", "our", and "AdventureOhm"). AdventureOhm offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms & Conditions ("Terms") together with our Privacy Policy and Cookie Policy (collectively, the "Terms") govern your access to and use of AdventureOhm's website, mobile applications and other platforms AdventureOhm owns or controls and makes available to you (the "Services"), and any other linked pages or blogs, features, content (including any information, text, graphics, photos, lists of items compiled by you, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Services), or applications offered from time to time by AdventureOhm in connection therewith (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
Basic Terms
You are solely responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display on the Services (including product reviews, the items you select as part of "Saved Items") will be able to be viewed by other users of the Services and through third party services and websites. You can go to your account's "Settings" page to disable your account, in which case no one will be able to view your Content and you will be logged out. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you are at least 13 years of age. We do not knowingly market or sell products for purchase by children. You may only buy items from AdventureOhm if you are legally capable of forming a binding contract with AdventureOhm (or if you are under 18 years old, but over 13 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms, and are not a person barred from receiving the Services under the laws of the United States, or any other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you open an account on behalf of a company, organization, or other entity, then: "you" includes you and that entity; and you represent and warrant that you are authorized on behalf of that entity to bind the entity to these Terms; and you agree to these Terms on the entity's behalf.
The Services that AdventureOhm provides are always evolving and the form and nature of the Services that AdventureOhm provides may change from time to time without prior notice to you. In addition, AdventureOhm may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. AdventureOhm retains the right to create limits on use and storage at its sole discretion at any time without prior notice or any liability to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by AdventureOhm on the Services are subject to change. In consideration for AdventureOhm granting you access to and use of the Services, you agree that AdventureOhm and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Account Registration
In order to register, you are required to provide your username, email address and password.
All personal details disclosed by you on the Services will be collected and processed in accordance with our Privacy Policy and Cookie Policy. You warrant that all the information you provide to us is accurate and complete.
You agree to register with AdventureOhm and access and use your account solely for personal use. You may not authorize others to use your account.
You are solely responsible for keeping your registration and other personal details (including your username and password) for your account confidential.
You shall promptly notify AdventureOhm of any actual or suspected unauthorized third party access to your account. You shall cooperate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorized receipt, access or use of your account by any third party.
You warrant that all registration information and personal details provided to AdventureOhm is true and accurate.
Buying Products Through AdventureOhm Sites
AdventureOhm is an online intermediary only which partners with some of the World's best known brands to give you a wide variety of outdoor adventure gear products to purchase.
Buying on AdventureOhm through an AdventureOhm Partner website:
When you select a particular product that you wish to buy, you will be taken directly to the third party AdventureOhm merchant (the "AdventureOhm Partner") website and asked to provide further personal details, which are likely to include your billing and delivery address, and payment card details. The personal details you enter on these AdventureOhm Partner websites will be collected, stored and processed in accordance with the terms and conditions and privacy policy of these websites. You must read and accept the terms and conditions and privacy and cookie policies of the AdventureOhm Partner website before purchasing your items from them. AdventureOhm is not responsible for the terms and conditions, privacy policies of and/or practices on other sites. The AdventureOhm Partners are solely responsible for any and all issues related to products and services offered on their websites, including but not limited to issues arising from the processing of your transactions on the AdventureOhm Partner websites. We are only responsible for personal information collected on the Services. Please note that AdventureOhm has no responsibility for the fulfillment of your order. You should contact the AdventureOhm Partner from whom you have bought the item directly in respect of any queries you have on the delivery, refund, exchange or return of the items you purchase.
Payments, AdventureOhm Partner Websites
If you are making a payment on one of our AdventureOhm Partner websites, payment can be made by any card accepted by the AdventureOhm Partner that delivers the product. You will be asked to enter your shipping details, billing details and payment details in order to purchase the product from the AdventureOhm Partner.
General information about online payments
However you pay for an item, you will need to follow instructions on the relevant checkout page. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery. Please note, that we are not responsible, and have no liability, for transactions which are made at checkout on our AdventureOhm Partner websites.
Furthermore, on our part we are not liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering through the Services.
Facebook Connect
You can also register using Facebook Connect, which allows you to register with AdventureOhm via your Facebook account. If you decide to do this, you give us permission to access basic information from your Facebook account. This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy. We have no control over individual account privacy settings on such services or policies on how your personal information will be used. You and Facebook are in control of these matters, not us. Before using these features, you are encouraged to read all policies and information on Facebook to learn more about how they handle your information. AdventureOhm is not responsible for any acts or omissions by Facebook and any connected social media service providers' use of features that come from Facebook's platform.
Finding and Buying Out of Stock Items
If an item is out of stock, you may ask us to locate the item on your behalf by contacting us at info@adventureohm.com. We will let you know by email if we are able to locate the item for you. We will then send you a tailored checkout page where you will be able to place the order for the item(s) with the retailer via AdventureOhm. It is your responsibility to ensure that you review the relevant retailer's terms and conditions before placing the order.
Taxes And Duties
Orders may be subject to additional taxes, duties and charges. Please be aware that the price of a product may change at checkout if it is subject to any taxes, duties, fees, levies or delivery charges applied in the country you have selected for the delivery of your order.
Where it is not possible for AdventureOhm to calculate any additional taxes, duties and charges at our AdventureOhm Partner websites checkout, including customs charges, you may be responsible for the payment of these charges upon delivery of your package.
Accessing the Services
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. We reserve the right to modify, restrict access or terminate access to the Services at any time.
From time to time, we may restrict access to some or all parts of our Services.
You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all persons who access Services through your internet connection are aware of these Terms, and that they comply with them.
Content On The Services
All Content posted on the Services (such as product reviews) is the sole responsibility of the person who originated such Content.
Although AdventureOhm does not routinely screen or monitor content posted by users of the Services, AdventureOhm reserves the right to do so and to remove content which violates these Terms (or applicable law) of which AdventureOhm becomes aware, but AdventureOhm is under no obligation to do so. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. If we are notified by a third party that the Content you submit or post is in violation of these Terms or any applicable law, either in letter or in spirit of these Terms, we reserve the right to remove such Content from the Services without notice to you.
AdventureOhm does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed by users of the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will AdventureOhm be liable in any way for any Content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Following termination or deactivation of your account, or if you remove any Content from the Services, we may retain your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, we and other users of the Services may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.
AdventureOhm’s Rights
All right (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and the Content (excluding Content provided by users of the Services) including but not limited to all information, data, text, maps, graphics, the "look and feel", logos, icons, trademarks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of AdventureOhm and its licensors.
The AdventureOhm name and logo are owned by us and cannot be used without our prior written consent. Nothing in the Terms gives you a right to use the AdventureOhm name or any of the AdventureOhm logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding AdventureOhm, or the Services is entirely voluntary and AdventureOhm will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.
You may print off one copy, and may download extracts, of any page(s) from our Services for your personal reference and you may draw the attention of others within your organization to material posted on our Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not copy any part of the Content, with a view to creating or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so.
If you copy or download any part of the Services or Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
AdventureOhm reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. AdventureOhm also reserves the right to access, read, preserve, or disclose any information as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or; (v) protect the rights, property or safety of AdventureOhm, its users and the public.
While we will do what we can to protect the security of your Content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
AdventureOhm Retailer Partner Promotions terms and conditions (“Retailer Partner Promotion Terms”)
From time to time, AdventureOhm may permit customers using the AdventureOhm sites to take part in competitions and promotions offered by our retailer partners (“Retailer Promotions”). Retailer Promotions will be subject to any specific terms and conditions set by the Retailer Partner and usually available on the Retailer Partner’s website. You should ensure that you read the specific promotion terms and conditions on the Retailer Partner’s website. From time to time, AdventureOhm may identify that a Retailer Promotion is ‘ending soon’ or is a 'limited time offer'. This means that the end date for the applicable Retailer Promotion falls within the next six days. AdventureOhm receives such end date information from our Retailer Partners and takes reasonable steps to ensure that this information is accurate and up to date. Notwithstanding the foregoing, you should ensure that you read the applicable Retailer Promotion terms and conditions on the relevant Retailer Partner’s website for full details and to confirm the end date. By using a promotional code and/or taking part in a Retailer Partner’s promotion on the AdventureOhm sites you will be deemed to have read and understood the terms relating to the Retailer Promotions and agree to be bound by them. For orders placed via a Retailer Partner’s website, we will provide a promotional code to be entered at the Retailer Partner’s checkout. You must ensure that the promotional code is correctly inputted at checkout to apply any discount to your order.
The Services Are Available "as-is"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis.
Without limiting the foregoing, ADVENTUREOHM AND ITS PARTNERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATION), GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED.
AdventureOhm makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any content thereon. AdventureOhm will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that AdventureOhm has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. AdventureOhm makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from
Limitation Of Liability
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADVENTUREOHM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY:
- (1) LOSS OF PROFITS, SALES OR CONTRACTS;
- (2) LOSS OF INCOME OR REVENUE;
- (3) LOSS OF BUSINESS OPPORTUNITY OR GOODWILL OR REPUTATION;
- (4) LOSS OR CORRUPTION OF DATA OR INFORMATION;
- (5) LOSS OF ANTICIPATED SAVINGS;
- (6) WASTED MANAGEMENT OR OFFICE TIME; OR
- (7) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
ARISING FROM OR IN ANY WAY CONNECTED TO:
- (1) YOUR ACCESS TO OR USE OF THE SERVICES;
- (2) YOUR DELAY IN USING, OR INABILITY TO ACCESS OR USE THE SERVICES;
- (3) THE FULFILMENT OF YOUR ORDERS FROM OUR ADVENTUREOHM PARTNERS ONCE YOU HAVE PLACED AN ORDER THROUGH ADVENTUREOHM, INCLUDING BUT NOT LIMITED TO THE DELIVERY, EXCHANGE, RETURN OR REFUND OF ITEMS YOU HAVE PURCHASED FROM ADVENTUREOHM PARTNERS;
- (4) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
- (5) USE OF ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES; OR
- (6) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES.
NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE SERVICES, SHALL BE LIMITED TO $100 U.S.
NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER OR LIMIT OR EXCLUDE OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER LAW.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
Your Liability
You are responsible, and assume liability, for all Content that you add, or link to, the Services. You agree not to hold us responsible for things other users say or do through the Services. If you have a dispute with another user, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, COSTS, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF DEFENSE OF CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES)) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.
Termination
We reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason, including (without limitation) in circumstances where;
- (1) we have reasonable grounds to suspect unauthorized or fraudulent use of the Services;
- (2) we reasonably suspect that you have not complied with these Terms; or
- (3) we reasonably suspect a breach of confidentiality or infringement of our intellectual property rights by you or a third party;
and to the maximum extent permitted by the law, we expressly exclude all relevant conditions, warranties of any kind (either express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity in relation to any liability that you may claim we owe to you in respect of such suspension, withdrawal or amendment.
On termination of these Terms (for whatever reason) all licenses and rights granted to you in relation to the Services shall immediately come to an end.
Waiver And Severability
The failure of AdventureOhm to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Governing Law and Jurisdiction
The United States courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or your use of the Services. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of The United States of America.
Entire Agreement
These Terms are the entire, exclusive agreement between AdventureOhm and you regarding the Services (excluding any services for which you have a separate agreement with AdventureOhm that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between AdventureOhm and you regarding the Services. Other than members of the group of companies of which AdventureOhm is the parent, no other person or company will be third party beneficiaries to the Terms.
You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty, or undertaking not expressly incorporated in them.
If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution by contacting us via e-mail at info@adventureohm.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any failure by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
The Services licensed personally to you and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party.
We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honor your rights under them.
Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.
AdventureOhm may revise these Terms from time to time, the most current version will always be available here. If the revision, in AdventureOhm's sole discretion, is material AdventureOhm will notify you via an e-mail to the email associated with your account. By continuing to access or the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by AdventureOhm LLC. If you have any questions about these Terms, please contact us at info@adventureohm.com
This Agreement has been drawn up in the English language. In case of discrepancies between the English text version of this Agreement and any translation, the English version shall prevail.
Effective Date: 1 July 2024