Terms and Conditions
The application CamperMate and its related services, products, websites (including campermate.com.au, campermate.com and campermate.co.nz), tools and applications (App) is owned and operated by Outdoria Pty Ltd ABN 77 605 113 835 (within Australia) and Outdoria Pty Ltd NZBN 9429047253711 (within New Zealand) (CamperMate).
These terms and conditions (Terms and Conditions) set out the terms on which we agree to give you access to use the App. Other terms and conditions contained in the privacy policy (Privacy Policy) and elsewhere on our App also form part of our agreement with you.
Please carefully read these Terms and Conditions. By using the App, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you don't agree to be bound by these Terms and Conditions, you must not use the App. These Terms and Conditions may be updated by us from time to time, and the updated Terms and Conditions will apply from the date they are published on the App.Each time you use our App you should revisit these Terms and Conditions.
If you are agreeing to these Terms and Conditions on behalf of someone or entity, you represent and warrant that that you have the irrevocable authority and agreement of that person or entity to be bound by these Terms and Conditions.
1.Definitions & Interpretation
1.1Definitions
In these Terms and Conditions, unless inconsistent with the context or subject matter the following terms have the corresponding definitions:
(a)Account: a User's online account to use our Services (as permitted).
(b)ACL: means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
(c)Additional Terms: any additional terms of a Subscriber as contained on the Listing, or otherwise made reference to on the Listing.
(d)ApplicableLaws: any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you, and any User you are interacting with are located or which in any way govern or affect the use of the Services, including the laws of the State.
(e)Content: includes any material, text, pictures, sound, graphics, video and other data whether in written form or otherwise published by you on the App.
(f)Experience: any campsites, tours, hotels, tracks or services made available to view or book by a Subscriber on the App from time to time.
(g)GST: has the meaning provided in the GST Act.
(h)GST Act: A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(i)Intellectual Property: means without limitation our copyright, trademarks, know-how, processes and concepts, including any content that we develop or publish, the look and feel of the App, the App itself and any other website or platform developed by CamperMate and the source code for those systems and all intellectual property rights related to such, whether registered or unregistered and whether developed before or after the date of these Terms and Conditions.
(j)Listing: the listing of an Experience on the App (being the page or part of the App which contains the details of the Experience).
(k)Loss: any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
(l)our, us and we: CamperMate.
(m)Related Parties: our related entities and related bodies corporate (as those terms are defined in the Corporations Act 2001 (Cth), our officers, directors, agents, and employees.
(n)Services: any services that we provide to you, including the App.
(o)State: New South Wales, Australia.
(p)Subscriber: any User who lists their Experiences on the App.
(q)User: any person who uses the App, and includes a Subscriber and any other user who uses the App to search for and view Experiences.
(r)you and your: a User or Subscriber (as the case may be).
(s)Website: campermate.com.
1.2Interpretation
In these Terms and Conditions the following rules of interpretation apply, unless the contrary intention appears or context otherwise requires:
(a)Headings and subheadings are for convenience only and do not affect the interpretation of these Terms and Conditions.
(b)References to a party to any agreement or document include that party's permitted assignees and successors, including executors and administrators and legal representatives.
(c)Words denoting the singular include the plural and words denoting the plural include the singular.
(d)The word 'person' includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any government agency.
(e)A reference to a body (other than a party to these Terms and Conditions), whether statutory or not, that ceases to exist or has its powers or functions transferred to another body is a reference to the body that replaces it or that substantially succeeds to its powers or functions.
(f)A reference to any agreement or document (including these Terms and Conditions) includes any amendments to or replacements of that document.
(g)A reference to a law includes:
(i)legislation, regulations and other instruments made under legislation and any consolidations, amendments, re-enactments or replacements of them;
(ii)any constitutional provision, treaty or decree;
(iii)any judgment;
(iv)any rule or principle of common law or equity, and is a reference to that law as amended, consolidated, re-enacted, replaced or applied to new or different facts.
(h)No provision of these Terms and Conditions will be construed adversely to a party because that party was responsible for the preparation of that provision or these Terms and Conditions.
(i)Specifying anything in these Terms and Conditions after the terms 'include', 'including', 'includes', 'for example', 'such as' or any similar expression does not limit the sense of the words, description, definition, phrase or term preceding those terms unless there is express wording to the contrary.
(j)A reference to writing or written includes email.
(k)Where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.
2.Using The CamperMate App
2.1The App provides an online directory that facilitates the booking of Experiences provided by Subscribers to Users. The App provides Subscribers with the ability to list Experiences on the App (referred to as Listings), which other Users may search for and enquire following the prompts to book. Unless otherwise provided for in the App, booking of Experiences is generally handled by a click-through to the Subscriber's booking platform.
2.2Although we provide the App as an online directory, we are not the provider of Experiences. The actual contract for supply is directly between the Subscriber and the User and the Subscriber and the User are solely responsible for fulfilment of their obligations under that contract. We merely provide a Service that facilitates the entrance of a contract between the Subscriber and User.
2.3OurServices are available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. If you do not qualify, please do not use our Services. If you are under the age of 18, we require parental/guardian consent, and by agreeing to these terms, you represent and warrant that prior to accepting a parent/ legal guardian has also agreed to these terms on your behalf (and will be the owner of the Account). We may limit your usage of the Services if you are under the age of 18 (for example to restrict some content).
2.4Subject to you complying with these terms, we will provide our Services to you as set out in these Terms and Conditions.
3.Your Account
3.1In order to use most of the functionality of the App (including to list Experiences), you may need to register with us and set up an Account with your email address, a password and other personal information (where permitted). You are solely responsible for maintaining the confidentiality of your login details and you are liable for all activitiesthat happen under your Account, even if you do not authorise such activities.
3.2At current the App does not have functionality for User Accounts (only for Subscriber Accounts), however this is something we are working on. Once Account functionality is added the terms of this clause will apply for other Users as well.
3.3If we enable you to connect to the App with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. Please contact us immediately if you believe your Account has been compromised or misused in any way.
4.Subscribers
4.1General
If you are listing your Experiences on the App then the terms of this clause will apply to you.
4.2Applying to be a Subscriber
Subscribers may be required to submit an application to us to join the App and list their Experiences. We may in our sole discretion accept or reject any application to register as a Subscriber, without any obligation to provide reasons.
4.3Experiences on the App
(a)Once you have been accepted as a Subscriber on the App, you will be able to list your Experiences on the App. You will be able to control your prices, and the information on your Listings. Without limitation to the other terms contained here, if you register for an Account and/or list an Experience on the App, you represent and warrant at all times that:
(i)the listing of the Experience:
A.is not in breach of these Terms and Conditions;
B.is not in breach of any Applicable Laws;
C.will not conflict with the rights of any third parties;
D.is not false, unlawful or misleading;
E.contains no inappropriate language or imagery including without limitation the following:
I.sexually explicit content (including content that features minors or sexually exploits minors);
II.harmful or dangerous content including content that aims to encourage dangerous or illegal activities;
III.hateful content including hate speech;
IV.violent or graphic content including anything that may shock or disgust viewers;
V.harassment, threats and cyberbullying;
VI.defamatory, offensive or illegal content;
VII.any other content we consider inappropriate at our discretion;
F.contains no discriminatory, sexist or racist content;
G.does not contain a duplicate of another previously posted Listing;
H.has been correctly categorised and does not contain any keywords or other methods of manipulating the search;
I.does not contain any misleading external links;
J.contains adequate descriptive data;
(ii)all information provided to us (including information about the Experience or in the Listing) or otherwise published on the App is true and correct in all respects, is maintained accurate and up to date and you have not engaged in misleading or fraudulent conduct; and
(iii)you have the legal right, title, licence or interest to sell and/or advertise the Experience and publish the Listing on the App and that the sale and/or advertising of the Experience and publication of the Listing on the App will not infringe any third party's intellectual property rights or cause any liability for us or another User whatsoever.
(b)You acknowledge and agree that by offering Experiences on the Website, you are solely responsible for the accuracy and content of information provided about the Experiences. You are solely responsible for all information that you submit on the App.
(c)You agree that you are solely responsible for any licences required for the supply of the Experience, and solely responsible for complying with any restrictions and/or regulations of any government agency that may affect the Experience (including without limitation compliance with any COVID restrictions).
(d)You may include Additional Terms on your Listing, such as return terms that apply to the Experiences (to the extent applicable). Any Additional Terms must be consistent with these Terms and Conditions and any other terms and conditions we publish on our App except where expressly permitted by us.
(e)You acknowledge and agree that:
(i)your Listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours). We do not guarantee any exact Listing durations; and
(ii)we reserve the continuing right to reject, revise, or discontinue any Listing, at any time and for any reason in our sole discretion, and to terminate the Listing and to remove all references to the Listing from the App.
4.4Payment Process
Generally listings of Experiences will include a click-through to the Subcriber's platform that will handle the booking and payment process. If we permit the User to make payment for your Experience directly within the App, then they will pay the price specified for the Experience on the Listing to us on your behalf. We will then release the purchase price to you at the time specified on the App. Payments will be processed by a third party payment system, and as such may be subject to processing fees (which will be deducted from the price paid to you).
4.5Subscription and fees
(a)We may offer a number of different subscription plans for Subscribers to access the App. The details of the plan, including subscription fees will be as stated on our Website at the time you subscribe.
(b)Subscriptions will run on a month-to-month or year-to-year cycle (depending on your selected subscription plan). To avoid interruption of your use of the App, unless you terminate your monthly or annual subscription before the end of the then current cycle these Terms and Conditions will automatically renew and you authorise us to charge your account for the subscription fee for the following cycle. You will be required to provide us with details of your credit card on sign-up for this purpose.
(c)If you choose to change subscriptions, then the change will take effect on notice, and there will be no pro-rata refund. Any additional costs will be charged.
(d)Subscription fees are subject to change at any time. We encourage Subscribers to regularly review the Website to confirm the fees.
4.6Refunds
We have no liability or obligation to you if a User cancels an order for an Experience after you have accepted or if they fail to pay for an Experience.
4.7Content removal
(a)We reserve the continuing right to reject, revise, or discontinue any content or information you share on the App, at any time and for any reason in our sole discretion.
(b)Without limitation to this clause, we reserve the right to not publish a Listing or suspend a published Listing or remove any Experiences where we believe in our sole discretion that:
(i)the Listing or Experience may contravene Applicable Laws or these Terms and Conditions;
(ii)the Listing or Experience is not suitable for our App; or
(iii)any other reason which we consider appropriate.
Where we do so, we do so without liability to you.
5.USERS
5.1General
Users can access the App to view Experiences provided by Subscribers. If you are browsing Experiences on the App then the terms of this clause will apply to you.
5.2Experiences on the App
(a)Generally listings of Experiences will include a click-through to the Subcriber's platform that will handle the booking and payment process. Please note that by visiting the Subscriber's platform, you will be leaving the App and visiting an external site. Such external sites are not endorsed by us, nor are we able to warrant the accuracy, relevance or otherwise of any information contained therein. We will not be responsible for any actions following a click-through to an external site.
(b)If we permit you to make payment for an Experience directly within the App, then you agree to pay the price specified for the Experience on the Listing using a method as accepted on the App. We collect the purchase price on the Subscriber's behalf, and will remit that purchase price to them. Payments will be processed by a third party payment system, and as such may be subject to processing fees. Payments paid are non-refundable to the extent permitted by law.
(c)Any order placed by a User may be subject to Additional Terms, by placing an order you agree to those Additional Terms. Terms relating to refunds may be contained in the Additional Terms. If they are not you should confirm these with the Subscriber before purchasing the Experience.
(d)You authorise us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.
(e)For eligible Experiences, to place an order on the App, simply visit the App and select an Experience and follow the prompts on the App.
(f)Experiences are subject to the relevant Subscriber's terms and conditions. You acknowledge that you are solely responsible for ensuring you have read and understood any applicable third party terms and conditions. We will not be liable for any loss or damage suffered by you in connection with such third party terms.
(g)As noted above orders placed on the App may be subject to Additional Terms and any other terms stated on our App.
5.3Content policy
Without limitation to the other terms contained here, if you register for an Account and/or post content on the App, you represent and warrant at all times that any content that you post:
(a)is not in breach of these Terms and Conditions;
(b)is not in breach of any Applicable Laws;
(c)will not conflict with the rights of any third parties;
(d)is not false, unlawful or misleading;
(e)contains no inappropriate language or imagery including without limitation the following:
(i)sexually explicit content (including content that features minors or sexually exploits minors);
(ii)harmful or dangerous content including content that aims to encourage dangerous or illegal activities;
(iii)hateful content including hate speech;
(iv)violent or graphic content including anything that may shock or disgust viewers;
(v)harassment, threats and cyberbullying;
(vi)defamatory, offensive or illegal content;
(vii)any other content we consider inappropriate at our discretion;
(f)does not contain any external links;
(g)contains no inappropriate language or imagery; and
(h)contains no discriminatory content.
You are solely responsible for all content that you post on the App. We reserve the right at our discretion to modify, refuse or delete any content that you submit.
6.Arrangements and Communications with other Users
6.1You acknowledge that any arrangement or communication entered into with another User is solely at your own risk. We have no control, influence or involvement in such arrangements. Our responsibilities are limited to facilitating the availability of the Services.
6.2Each User is a third party that is unrelated to us. When you enter into an arrangement for the sale of an Experience, you are entering into a contract directly with another User. We are not a party to any contract between you and that other User and are not responsible for ensuring that that other User fulfills its obligations to you or complies with these Terms and Conditions or any other terms published by us, any Applicable Laws or Additional Terms. Your legal rights in connection with the sale of an Experience or any breach of any obligations by a User are against that relevant User and not us. For the avoidance of doubt, we have no liability or obligation to you if a User breaches any terms of sale for the sale of the Experience.
6.3We do not supply, provide, manage or control the Users on the Website or any Listings of Experiences and are not responsible for their advertising or otherwise. The relevant User is solely responsible for the sale of the Experience to you. We have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the quality, fitness for purpose, legality, accuracy, completeness or otherwise of:
(a)any Experiences(including without limitation that such Experienceswill be suitable to your specific requirements or the standards of such Experience);
(b)any representations made or information provided by Users to each other (including without limitation with respect to the quality of any Experience); or
(c)the ability of Users to undertake their respective obligations (including the ability of the Subscriber to provide the Experience or the ability of the User to pay for the Experience).
6.4Because of the foregoing, in the event that you have a dispute with one or more Users, you release and hold us (and our Related Parties) harmless from actions, claims, demands and Losses of every kind arising out of or in any way connected with such disputes.
7.Refunds
We have no liability or obligation to you if a Subscriber cancels your order for an Experience or if the Experience is faulty, or they fail to supply the Experience or comply with these Terms and Conditions or any other terms (including the Additional Terms) or any Applicable Laws. This includes any obligation to provide you with a refund. If you have rights in respect of your order under Applicable Laws, then your rights (including in respect of refunds) are against the Subscriber and not us.
8.PAYMENTS
8.1Prices are shown in the currency noted on the App, (either in AUD or NZD) or the relevant currency as handled by the third party.
8.2We make no representations or warranties as to the currency conversion rates that will apply to any payments you make on the App and we are not responsible for any Loss suffered by a party in the event of unfavourable currency conversion rate, including where our delay in processing a payment results in an unfavourable currency conversion rate applying to the payment.
8.3We may use third-party payment providers (Payment Providers) to collect payment of the purchase price and our fees and to process payments to Subscribers. The processing of payments by the Payment Provider will be, in addition to these Terms and Conditions, subject to the terms, conditions and privacy policy of the Payment Provider and we are not liable for the security or performance of the Payment Provider.We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting or making any payment made in connection with these Terms and Conditions.
8.4You are solely responsible for any payment details (such as bank account and account identification information) that you provide to us. We will not be liable for any Loss that you suffer in connection with the incorrect payment details being provided to us.
8.5All amounts paid to us under these Terms and Conditions are non-refundable to the extent permitted by law.
9.Prohibited use
9.1You must not access or use the Service or App:
(a)in a way that violates these Terms and Conditions;
(b)for unlawful or dangerous activities or purposes;
(c)in a way that is fraudulent, inaccurate, false, misleading or deceptive;
(d)in a way that would infringe any third party's rights (including intellectual or other proprietary rights);
(e)in a way that is defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
(f)in a way that damages the credibility of the App or us or that creates liability for us;
(g)to distribute any virus, trojan horse, worms or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the App;
(h)to distribute or post spam;
(i)in a way that uses any robot, spider, scraper, data mining tools, data gathering an extraction tools or other automated means to access our Services;
(j)to collect a User's information and harass them; or
(k)in a way that violates any Applicable Law (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law).
10.Non-Circumvention
10.1Users are strictly prohibited from directly or indirectly attempting to circumvent payment of our fees in any way.
10.2This includes, for example, sharing Subscriber Accounts with others.
11.Cancellation policy
11.1General terms
Once an order for Experiences has been placed or confirmed, that order may not be cancelled, rescheduled or varied except in accordance with the terms of this clause, or to the extent otherwise required by law. Cancellations of Experiences are handled directly with the relevant Subscriber and not us. Subject to applicable laws, any cancellation and/or refund is subject to the cancellation and payment terms of the relevant Subscriber of the Experience you requested to cancel.
11.2Cancellations
Subscribers may include Additional Terms that include terms surrounding cancellation and refunds of orders. Please ensure that you have read these terms.
12.Access and Termination
12.1We reserve the right, at any time and without prior notice to remove or disable:
(a)access to this App or any part of it for any reason; and
(b)any Account or User that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms and Conditions or otherwise harmful to the App or the interests of other Users,
and we will not be liable to you for any Loss that you incur in the event that we do this.
12.2The termination of your access to the App is without prejudice to the rights, liabilities and obligations of the parties that arose prior to the termination unless otherwise agreed by us. If we remove a Listing that is in breach of these Terms and Conditions, no refund will be payable by us for any fees paid by you for that Listing or for your Account.
13.Intellectual Property Rights and data
13.1Intellectual property rights
You acknowledge and agree that:
(a)we own all right, title and interest in and to the Intellectual Property and no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms and Conditions;
(b)you will not copy, reproduce, alter, modify, create derivative works, or publicly display our Intellectual Property except with our prior written permission or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our App;
(c)you grant to us a worldwide, perpetual, irrevocable, full paid-up, transferable, non-exclusive licence to use, reproduce, commercialise, modify, adapt and communicate any Content in order to provide our Services;
(d)you warrant that any Content you provide us with will not infringe any intellectual property rights of any third party nor give rise to any liability to make royalty or other payments to any third party;
(e)we are not liable or responsible for any loss that you may experience in submitting Content to us or for our use of your Content in accordance with the licence granted; and
(f)you must not falsely express or imply a relationship between you and us.
13.2Subscriber intellectual property rights
If you are a Subscriber you acknowledge and agree that:
(a)you will retain all right, title and interest in your Listings and no right, title or interest is transferred to us except so far as expressly stated in these Terms and Conditions;
(b)you grant to us a worldwide, perpetual, irrevocable, full paid-up, transferable, non-exclusive licence to use, reproduce, commercialise, modify, adapt and communicate each Experience and Listing in connection with the Services and to otherwise advertise and market our business;
(c)you warrant that any Experience listed on the App, and the purchase of the Experience by third parties (including Users) will not infringe any intellectual property rights of any third party nor give rise to any liability to make royalty or other payments to any third party; and
(d)you warrant that you have obtained any moral right consents in writing necessary for the listing and use of the Experience on the App.
14.Disclaimer
14.1You acknowledge and agree that your use of this App and the Services is at your own risk. We provide our Services on an "as-is" basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this App (including Experiences and anything relating to Subscribers or Users). Subject to the other terms of this clause and to the maximum extent permitted by Applicable Laws, anything contained in this App is without warranty of any kind and we expressly exclude such warranties.
14.2You acknowledge and agree that:
(a)CamperMate does not take any steps to confirm the identity of Users. CamperMate cannot and does not confirm nor warrant or guarantee each User's purported identity, licences or location. We encourage you to use the App to conduct your own enquiries to vet other Users to your satisfaction;
(b)no information provided by us constitutes legal or financial advice, particularly in respect of your obligations to comply with any Applicable Laws;
(c)we do not guarantee that the App will be error-free or uninterrupted, or that your use of the App will provide any specific results;
(d)we do not represent or warrant that your use of the Services will meet your particular requirements, whether those requirements are disclosed to us or not.
15.Exclusion and Limitation of Liability
15.1Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms and Conditions to the maximum extent permitted by law.
15.2Without limitation to clause 14.1, we will not be liable for any Loss to you or any other person, due to or arising directly or indirectly from:
(a)your use or inability to use this App in any way;
(b)your reliance on the App;
(c)any Experiences or Listings;
(d)any act, omission or default, whether negligent or otherwise of any User or third party;
(e)any Loss occasioned by any User or third party;
(f)any Content; or
(g)any action taken on your Account.
15.3Subject to the other terms of this clause, our maximum aggregate liability to you for any Loss or damage or injury arising out of or in connection with these Terms and Conditions, including any breach by us of these Terms and Conditions, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to the actual fees paid by you under these Terms and Conditions to us in the 3-month period preceding the matter or event giving rise to the claim (if any).
15.4We exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with the Services.
15.5Nothing in these Terms and Conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
15.6If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option the resupply of the services or the payment of the cost of resupply.
15.7Where you are or may be entitled to recover from a third party (such as an insurer) any sum in respect of any matter or event that could give rise to a claim under these Terms and Conditions, you must:
(a)use your best endeavours to recover that sum before making the claim;
(b)keep us informed of the conduct of such recovery; and
(c)reduce the amount of the claim to the extent that sums are recovered.
15.8This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms and Conditions or your use of our Services.
16.indemnity
16.1You agree to indemnify and hold us and our Related Parties, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and claims made by third parties, due to or arising out of:
(a)your use or inability to use this App in any way;
(b)any Experiences purchased, sold or listed by you;
(c)any Listing on the App;
(d)any User's breach or negligent performance or failure or delay to provide any Experiences or perform their obligations under a relevant arrangement;
(e)any Loss, damage or claim made against us by a third party:
(i)for actual or alleged infringement of a third party's intellectual property rights arising out of the supply or use of the App by you;
(ii)for death, personal injury, illness or damage to property resulting from Experiences sold or purchased by you; or
(iii)to the extent that the claim results from the breach, negligent performance or failure or delay in performance of these Terms and Conditions by you;
(f)any fine or penalty imposed for a breach of any Applicable Law in connection with the supply of the Experiences by you;
(g)any breach of any of these Terms and Conditions or any act or omission by you; or
(h)any action taken on your Account.
16.2Any amounts payable under this indemnity must be paid to us immediately on demand without set-off or counter claim.
16.3If a payment due under this clause is subject to tax (whether by way of direct assessment or withholding at its source), we will be entitled to receive from you such amounts as will ensure that the net receipt, after tax, to us in respect of the payment is the same as it would have been were the payment not subject to tax.
16.4Except where expressly stated to the contrary in these Terms and Conditions, the rights of a party under this clause are in addition to any other rights available to that party whether those rights are provided for under these Terms and Conditions or by law.
16.5It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause.
16.6The indemnities in this clause:
(a)are continuing obligations on you, independent from your other obligations under these Terms and Conditions and survive termination or expiry of these Terms and Conditions; and
(b)are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.
17.Privacy
We reserve the right to share any information provided by you to us with other Users where you contact another User or otherwise make an enquiry or offer to another User,and to store such conversations between you and other Users that occurs through the Website in accordance with our Privacy Policy.
18.Reviews
18.1Users may be given an opportunity to review other Users whom they have purchased or sold Experiences from/to on the App, as well as leave comments on the App.
18.2Reviews and content must be honest and accurate, and not contain unlawful or objectionable content, including but not limited to, reviews containing defamatory, libellous, abusive offensive or obscene language.
18.3We reserve the right not to publish reviews, to amend content of reviews at any time and to remove reviews from the App without notice in our discretion.
18.4We are in no way responsible or liable for the information that is contained in any reviews or other content from Users published and do not make any representation or warranty as to the accuracy or reliability of any information or content that is published in the review. We are under no obligation to remove any review published by or about you, and you agree that we are not liable under any laws (including defamation and misleading and deceptive conduct) simply through the publication of reviews on the App.
19.General provisions
19.1No Waiver
No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms and Conditions unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.
**19.2Assignment, Novation and Other Dealings **
(a)Any rights of CamperMate that arise out of or under these Terms and Conditions are assignable and capable of novation by that party in its discretion and without notice or your prior written consent.
(b)Any rights of any User that arise out of or under these Terms and Conditions are not assignable or capable of novation by the User without the prior written consent of CamperMate.
19.3Severability
(a)If the whole or any part of a provision of these Terms and Conditions is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.
(b)Clause 18.3(a) does not apply if the severance of a provision of these Terms and Conditions in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under these Terms and Conditions as determined by CamperMate.
19.4No Merger
On completion or termination of these Terms and Conditions, the rights and obligations of the parties set out in these Terms and Conditions will not merge and any provision that has not been fulfilled remains in force.
19.5Survival
Any clause which by its nature is intended to survive termination or expiry of these Terms and Conditions will survive such termination or expiry.
19.6Further Action
Each party must do all things (including completing and signing all documents) reasonably requested by the other party that are necessary to give full effect to these Terms and Conditions and the transactions contemplated by these Terms and Conditions.
19.7Time of the Essence
Time is of the essence in these Terms and Conditions in respect of any date or time period and any obligation to pay money.
**19.8Relationship of the Parties **
(a)Nothing in these Terms and Conditions gives a party authority to bind any other party in any way.
(b)Nothing in these Terms and Conditions imposes any fiduciary duties on a party in relation to any other party.
**19.9Remedies Cumulative **
Except as provided in these Terms and Conditions and permitted by law, the rights, powers and remedies provided in these Terms and Conditions are cumulative with and not exclusive to the rights, powers or remedies provided by law independently of these Terms and Conditions.
**19.10Entire Agreement **
These Terms and Conditions states all the express terms agreed by the parties about its subject matter. It supersedes all prior agreements, understandings, negotiations and discussions in respect of its subject matter.
**19.11No Reliance **
No party has relied on any statement, representation, assurance or warranty made or given by any other party, except as expressly set out in these Terms and Conditions.
**19.12Governing Law and Jurisdiction **
(a)These Terms and Conditions are governed by the law in force in the State.
(b)Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in the State and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms and Conditions.
(c)Each party irrevocably waives any right it has to object to the venue of any legal process in the courts described in clause 18.2(a) on the basis that:
(i)any proceeding arising out of or in connection with these Terms and Conditions has been brought in an inconvenient forum; or
(ii)the courts described in clause 18.2(a) do not have jurisdiction.
