Important: This document is a general template for a marketplace platform and is provided for convenience only. It is not legal advice. For a legally final version, have it reviewed by a qualified lawyer for your jurisdiction.
These Terms & Conditions (the “Terms”) govern your access to and use of the WinterPicks website and related services (the “Platform”). The Platform helps users discover ski equipment listings, ski shops, communicate via chat, and manage booking requests.
Marketplace disclaimer: WinterPicks is a platform provider. Unless explicitly stated otherwise in writing, WinterPicks is not a party to any rental agreement between a user and a shop/owner, and does not take possession of, inspect, or guarantee equipment.
1. Definitions
- “Company” refers to the operator of the Platform under the WinterPicks brand.
- “User” means any person who uses the Platform (including renters/buyers and visitors).
- “Shop” means a business or individual that posts listings or offers rentals/services via the Platform.
- “Listing” means an offer, advertisement, or post for equipment and related details (price, availability, images, location).
- “Content” means any text, images, messages, or other materials uploaded or displayed on the Platform.
2. Eligibility and Accounts
You must be at least 18 years old (or the age of majority where you live) to create an account and use the Platform.
You agree to provide accurate information and keep it updated. You are responsible for all activity under your account and for maintaining the confidentiality of your login credentials.
If you believe your account is compromised, you must notify us promptly.
3. Marketplace Rules (Users & Shops)
Shops are responsible for their Listings, including accuracy, availability, pricing, conditions, and any required consumer disclosures. Users are responsible for reviewing Listings and confirming details directly with the Shop where needed.
WinterPicks may provide tools (filters, chat, booking requests) to facilitate communication, but does not guarantee that a Listing is accurate, available, lawful, or suitable.
Any rental transaction, including deposits, payments, pickup/delivery, identity checks, and equipment condition, is handled between User and Shop unless the Platform explicitly provides otherwise.
4. User Content and License
You retain ownership of your Content. However, by posting Content on the Platform, you grant WinterPicks a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting), display, and distribute your Content solely for operating and improving the Platform.
You represent that you have all rights necessary to upload your Content and that it does not violate any law or third-party rights.
We may remove or restrict Content that we reasonably believe violates these Terms or applicable law.
5. Messaging and Communication
The Platform may allow Users and Shops to message each other. You agree not to send spam, harassment, threats, or illegal content.
Messages may be stored to provide the service, prevent abuse, and comply with legal obligations. See the applicable privacy notice/policy for details.
6. Bookings, Pricing, Payments, and Refunds
Unless explicitly stated otherwise, Shops set the price and availability of Listings. Taxes, deposits, payment methods, and cancellation/refund rules are determined by the Shop and/or the agreement between User and Shop.
WinterPicks is not responsible for disputes regarding pricing, refunds, chargebacks, late returns, equipment damage, or any other disputes between Users and Shops, except where required by mandatory law.
7. Safety and Assumption of Risk
Skiing and using ski equipment involves inherent risks, including injury and property damage. You are responsible for ensuring equipment is appropriate, properly fitted, and used safely and in accordance with all instructions and applicable rules.
WinterPicks does not provide medical, safety, or professional advice, and does not warrant equipment condition or suitability.
8. Prohibited Use
You agree not to:
- Use the Platform for unlawful, fraudulent, or harmful purposes.
- Impersonate another person or misrepresent your affiliation.
- Attempt to access accounts, data, or systems you are not authorized to access.
- Scrape, crawl, or harvest data at scale without our written permission.
- Upload malware, attempt to bypass security, or interfere with the Platform’s operation.
- Post Content that is illegal, infringing, hateful, harassing, or otherwise abusive.
9. Third-Party Services
The Platform may rely on third-party services (for example, mapping/geocoding, analytics, or hosting). Third-party services may have their own terms and privacy practices. WinterPicks is not responsible for third-party services outside our control.
10. Privacy
WinterPicks processes personal data to provide the Platform (for example, account management, messaging, and security). Please review the applicable privacy notice/policy for details on what we collect, how we use it, and your choices and rights where applicable.
11. Intellectual Property
Except for User Content, the Platform and its components (including branding, design, and software) are owned by WinterPicks or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Platform unless permitted by law or with our written permission.
12. Disclaimers
The Platform is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, WinterPicks disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee uninterrupted availability, error-free operation, or that Listings, messages, or data will always be available or accurate.
13. Limitation of Liability
To the maximum extent permitted by law, WinterPicks will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill arising from or related to your use of the Platform.
Where liability cannot be excluded, it will be limited to the minimum extent permitted by applicable law.
14. Indemnity
You agree to indemnify and hold harmless WinterPicks, its affiliates, and its team from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from: (a) your use of the Platform, (b) your Content, (c) your breach of these Terms, or (d) your violation of any law or third-party rights.
15. Suspension and Termination
We may suspend or terminate your access to the Platform if we reasonably believe you violated these Terms or pose a risk to the Platform or other users. You may stop using the Platform at any time.
16. Changes to these Terms
We may update these Terms from time to time. If changes are material, we will try to provide reasonable notice. Continued use of the Platform after changes means you accept the updated Terms.
17. Governing Law and Jurisdiction
These Terms are governed by the laws of the jurisdiction where the Company is established, unless mandatory consumer protection rules require otherwise. Courts with competent jurisdiction will have exclusive jurisdiction over disputes unless the law requires otherwise.
18. Miscellaneous
- Severability: If any provision is held invalid, the remaining provisions will remain in effect.
- No waiver: Failure to enforce a provision is not a waiver of our right to do so later.
- Assignment: You may not assign these Terms without our prior written consent; we may assign them as part of a merger, acquisition, or asset sale.
- Entire agreement: These Terms form the entire agreement about the Platform and supersede prior understandings relating to it.
