Terms of Use

Last updated on November 2020

These Terms of Use (“Terms”) govern your rights and obligations regarding the use of Montpackers (“App”) and service provided (“Service”). Downloading or using the Montpackers implies that the User has read and accepts these Terms completely without exception. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the App.

Arcalaska Store SL may modify the Terms at any time and thus we encourage users to review them on a regular basis. The date at the beginning of these Terms refers to the latest update. Any revised Terms will be applicable from the date of publication.

1. App Usage

The Service allows App users to view and search weather, webcams, point’s of interrest, search for tracks based on user location and other optional criteria inputted by user. To enjoy Montpackers on your smartphone your device must satisfy certain system requirements that can be found on the Apple marketplaces.

You must be at the age of majority in your province, territory or country to use the App. If you are under the age of majority, you may not download or use the App.

You may sign up as a registered user of the App free of charge (“Member”). Members might enjoy additional features such as saving their favorite Trails, Weather Locations, POI’s. To become a Member you need to go to the profile screen, submit your email address and create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your device.

In the course of your use of your Member account, you may provide personalized information such as email, name, pictures and location (“User Information”). You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date. The Privacy Policy explains our practices pertaining to the use of your User Information and we ask that you read it carefully.

Some features of the App make use of user location. For example, exploring the Trails, Weather, Webcams, POI’s closer to you based on the filters criteria. These features cannot be provided without utilizing this technology. Please note, as described in our Privacy Policy that we will utilize user location solely for this purpose and to enhance the App performance.

2. Prohibited Uses of the App

There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions below may result in the termination of your access to the App and may also expose you to civil and/or criminal liability.

(i) You may use the Service solely for private and personal purposes. You may not use the Service commercially without Arcalaska Store SL written consent.

(ii) You may not copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the App content.

(iii) You may not upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the App and Service.

(iv) While using the App, you may not impersonate any other person, conduct yourself in an offensive manner or use the Services for any ilegal, immoral or unauthorized purpose.

(v) Infringe or violate these Terms.

3. Termination

You may terminate your use of your Membership at any time and for whatever reason. You are not obligated to advise us of such termination. However, if you would also like us to delete your Member account and your personal information contained in the account, please send us an email to hello@montpackers.com. On receiving such a request, we will use reasonable efforts to delete such information. For more information, please read our Privacy Policy.

Arcalaska Store SL. retains the right to block your access to the App and discontinue your use of the Service, at any time and for any reason we may deem appropriate, at its sole and absolute discretion.

Arcalaska Store SL. may, at any time, cease to provide some or all the services and features available in the App at its sole discretion.

4. User Contributions

Users might contribute with new Resorts and Trails information, tips, comments and photos by sending an email to hello@montpackers.com. By submitting this information, the user agrees that:

(i) The content is relevant, without infringing the rights of third parties, the law, or public order and complies with these Terms.

(ii) Is the owner of the intellectual property rights of the shared content whether by being the author, original owner or by holding the relevant rights. If the User is not the owner of the Intellectual Property Rights of the Contribution, he/she guarantees that either (a) is authorized by the proprietor of the Intellectual Property Rights of this Contribution to authorize Arcalaska Store SL to use it or (b) the Contribution is Public Domain.

(iii) Content provided does not include any advertising or promotional material of any kind, nor be used to distribute advertising material or for commercial purposes.

(iv) Content is free from viruses, worms or any other type of destructive code.

Arcalaska Store SL. does not guarantee that all User Contributions will be published in the App and reserves the right to upload or remove published User Contributions without giving any notice.

5. Disclaimer

The information contained in the App is for general information purposes only. Our Service is provided “as is”, and we can’t guarantee the safeness and secureness of the Trails, Avalanche information, Weather,  POI’S, Webcams, etc. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, accessibility (including rights of entry and/or use), security or availability. Any reliance you place on such information is therefore strictly at your own risk.

We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for (i) the availability, (ii) the privacy practices, (iii) the content, advertising, products goods or other materials or resources on or available from, (iv) the use which others make of these other websites or services.

6. No Waiver

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

7. Intellectual Property

All intellectual property rights over the App, the Services, its design, and source code belong to Arcalaska Store SL. Any User Contribution you post in the App or send to hello@montpackers.com will be considered non-confidential and non-proprietary. By providing any User Contribution on the App or via email to hello@montpackers.com, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

Additionally, the user grants Arcalaska Store SL  the right to publish in the App your username to the Contribution you may have made.

When deleting a user account, Arcalaska Store SL. reserves the right to copy any User Contribution and assign them to a ghost user.

8. Choice of Law

These Terms, the App and the Service will be governed solely by the laws of the State of Andorra, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the App and the Service, will be under the exclusive jurisdiction of the competent court in Andorra.

9. Contact Us

If you have any questions or concerns regarding these Terms, please send us a detailed message to hello@montpackers.com , and we will try to resolve your concerns.