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Terms of Use

Find My Campsite ABN 86 692 176 391

1. Background

Thank you for visiting our Terms of Use (Agreement), we are Find My Campsite ABN 86 692 176 391 (we, our, us and other similar terms). We provide an online booking platform that enables Campers to search for and book Campsites, known as “Find My Campsite” (Find My Campsite).

This Agreement outlines the terms and conditions associated with your use of Find My Campsite. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on our Website.

2. Agreement

2.1 Accepting this Agreement

By using Find My Campsite, you agree to comply with and be bound by the terms and conditions of this Agreement. These terms govern your access to and use of Find My Campsite. If you do not agree to these terms, you have no right to obtain information from, create an Account for, use our services or otherwise continue using Find My Campsite.

These terms are binding on any use of Find My Campsite. You must not use Find My Campsite if you are not able to form legally binding contracts. If you create an Account on behalf of your employer or any other entity, you warrant you hold authority to enter into this Agreement on behalf of that entity and that the entity will comply with the obligations contained herein.

2.2 About this Agreement

Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined throughout the Agreement or in clause 18 and aid to clarify the terms and conditions. Please feel free to email us at info@findmycampsite.com.au if you have any other questions relating to this Agreement.

2.3 Term and Automatic Renewal

This Agreement will commence when you first use, or create an Account for, Find My Campsite and will continue for the Subscription Period or until the date of termination of this Agreement in accordance with clause 16.

If this Agreement is not terminated in accordance with clause 16, prior to the expiry of the then current Subscription Period, this Agreement will automatically renew for a period equal to the current Subscription Period.

3. Licence

Subject to clause 8 (App Marketplace Providers), we grant you a non-transferable, non-exclusive, non-sublicensable, worldwide, royalty free and revocable licence to use Find My Campsite for the Subscription Period, on the terms contained in this Agreement (Licence). The Licence to use Find My Campsite is subject to and conditional to your compliance with the terms of this Agreement.

The features available to you are determined by the inclusions and Usage Restrictions (if any) as set out in the Subscription Package which you choose at the time of signing up. You acknowledge and agree that if you exceed any applicable Usage Restrictions or wish to make use of alternate or new features of Find My Campsite you may be required to upgrade your subscription.

4. User Account

4.1 Creating an Account

You acknowledge and agree that to access Find My Campsite, you are required to provide us with personal information and create an Account with us.

You agree to provide any information reasonably requested by us for the purpose of setting up your Account and operating Find My Campsite. You warrant that all of the information you provide to us is accurate and complete in all respects; you will inform us by updating your Account details whenever any such information changes; and you will not provide false or misleading information.

4.2 Account Permissions

You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorised employee or agent may create an Account on behalf of your business. You also agree not to disclose your Account security credentials to another person or permit them to access your Account on your behalf. You are responsible for the activities undertaken using your Account which occur via Find My Campsite, whether such activities are authorised by you or not.

4.3 Campsite Account Approvals

This clause 4.3 applies to Campsites.

You must hold all necessary registrations, licences, permits, insurance or approvals required to operate your campsite lawfully. If requested by us, proof of such permits, licences and documentation must be submitted during the Account registration process.

Creating an Account constitutes an offer to enter into an agreement with Find My Campsite. We are under no obligation to accept any offer and may deactivate an Account if:

(a) we reasonably determine that you do not operate a genuine or operational campsite; or

(b) you provide information that is false, misleading or deceptive.

You must keep all such permits, licences and insurance coverage current and notify us immediately if any are revoked, altered or lapse.

5. Find My Campsite

5.1 Content and Hyperlinks

The content on Find My Campsite is largely produced by other Users and not us. Submitted Content is to be used or relied on at your own risk. We make no warranty or representation as to the accuracy of Submitted Content of other Users.

Find My Campsite may contain hyperlinks and other pointers to websites operated by third parties. We do not control these third party websites and we are therefore not responsible for the hyperlinks, information or downloads available on them. You visit third party websites entirely at your own risk.

Where we provide hyperlinks, we do so only for your convenience and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of the content on the third party website.

5.2 Support

While you maintain a valid Account, we will provide support to assist you with technical issues which arise from the use of Find My Campsite. Support is available via info@findmycampsite.com.au.

5.3 Find My Campsite Accessibility

You acknowledge and agree that Find My Campsite requires access to the internet and will not function as anticipated without internet access.

Find My Campsite operates using third party cloud infrastructure and telecommunication services (Third Party Infrastructure). From time to time, Find My Campsite may become inaccessible or unavailable. We neither control nor are we liable for faults in Third Party Infrastructure nor the consequences which arise from such faults.

5.4 Updates to Find My Campsite

We reserve the right to update, upgrade, maintain, tune, backup, amend, add to or remove content from, redesign, improve, take offline (temporarily or permanently) or otherwise alter Find My Campsite in our sole and absolute discretion. From time to time, without notice, access to all or part of Find My Campsite may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access to Find My Campsite as soon as practicable.

To the maximum extent permitted at law, you agree we are not liable for any loss, foreseeable or not, arising from any interruption to access Find My Campsite, whether planned or not, and any such temporary interruptions will not constitute a breach of this Agreement.

6. Your Use of Find My Campsite

6.1 Lawful Use of Find My Campsite

You undertake not to upload, store or access any data or Submitted Content on Find My Campsite if such access or storage would infringe a person’s Intellectual Property right, breach any privacy law or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory of Australia or in the jurisdiction in which you operate).

6.2 Prohibited Conduct

You must not:

(a) use an Account unless you have the express authority of the Account holder;

(b) use automated means to upload content, log in or attempt to log into an Account, download or otherwise access Find My Campsite in any way, other than by features we make available to you;

(d) in any way tamper with, hinder or modify Find My Campsite;

(e) provide false or misleading information;

(f) use any screen capture, data mining, robot, crawler or similar data gathering, reproduction or data extraction tools to collect information from Find My Campsite for any purpose including the sending of unsolicited emails, soliciting our or another User’s clients or duplicating the content of Find My Campsite;

(g) knowingly transmit any viruses or other disabling features to or via Find My Campsite;

(h) collect or collate any data from Find My Campsite for the purposes of commercialising that data;

(i) intentionally disable or circumvent any protection or disabling mechanism related to Find My Campsite;

(j) install or store any software applications, code or scripts on or through Find My Campsite;

(k) post or submit Prohibited Content via Find My Campsite;

(l) use Find My Campsite in any way which could be reasonably expected to interfere with or damage our network, any other operator’s network, or another User’s enjoyment of Find My Campsite; or

(m) attempt any of the above acts or facilitate or assist another person to do any of the above acts.

6.3 Right to Suspend

We reserve the right to limit or suspend all or part of your access to Find My Campsite and alter your Account information, if in our reasonable opinion:

(a) you are in breach of a material term of this Agreement;

(b) you are making misleading or deceptive statements via Find My Campsite;

(d) your Account is not used for a period of greater than 12 months; or

(e) we suspect a security breach associated with your Account.

Suspending your Account will not constitute a breach of this Agreement by us.

7. Fees

7.1 Fees

We will provide you with a tax invoice for any applicable Subscription Fees, which are immediately payable, and will be automatically deducted from your Account, at the beginning of each Subscription Period.

Any Additional Fees must be paid at the time you procure the associated service.

Unless expressed otherwise, all Fees are quoted in Australian Dollars and are inclusive of GST. You are responsible for all bank fees and charges applied by the financial services provider, which you choose to use.

7.2 Refunds

We only provide refunds in accordance with the Australian Consumer Law. We are not obliged to refund any service fees once a booking has been processed through Find My Campsite, including where a Campsite cancels or otherwise fails to honour its agreement with a Camper.

8. App Marketplace Providers

The Find My Campsite mobile applications may be made available from Google Play and the Apple App Store (App Marketplace Providers). This clause 8, applies to the use of any mobile version of Find My Campsite that may be obtained from an app marketplace.

This Agreement is between us and you only. We, and not the App Marketplace Provider, are responsible for Find My Campsite, and we are solely responsible for:

(a) its support and maintenance;

(b) the investigation, defence, settlement and discharge of any claim which relates to an infringement of third-party Intellectual Property rights arising from the use of Find My Campsite; and

(c) any claim Find My Campsite fails to conform to any applicable legal or regulatory requirement, including product liability claims and claims arising under consumer protection laws.

The App Marketplace Provider’s liability to you is limited to the refund of the purchase price of Find My Campsite and any other remedies under consumer protection law. Your right to use Find My Campsite is non-transferable and non-sublicensable, except to the extent the App Marketplace Provider permits family sharing or like sharing arrangements.

The App Marketplace Provider may monitor your use of Find My Campsite and is entitled to enforce the terms of this Agreement against you. You agree to submit to their legitimate enforcement activities.

If there is any inconsistency between this Agreement and the application use rules set out in the App Marketplace Provider’s terms of service, their terms of service will prevail to the extent of the inconsistency.

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.

9. Interactions with Other Users

9.1 Not a Party

You acknowledge that we are not a party to, and have no responsibility for any relationship, dealings, agreements or arrangements between you and any other User of Find My Campsite. All Campsite bookings are agreements entered into directly between Campers and Campsites. Find My Campsite acts only as an intermediary to facilitate Campsite booking. Without limitation, you are solely responsible for:

(a) assessing and determining the suitability, availability, safety and reliability of Submitted Content, when making or accepting any Campsite bookings or sharing information with other Users;

(b) negotiating, agreeing to, and executing any terms or conditions of any booking terms and conditions Users may wish to have in place, provided that no such terms impose obligations on us;

(d) complying with any legal obligations including any privacy, consumer protection, health and safety or any other applicable law.

9.2 No Guarantees

We do not undertake any due diligence, vet or otherwise perform background checks on Users or their Submitted Content. We also do not vet the reliability, accuracy, suitability or availability of any Campsite or User ourselves. Your selection of Users with whom you wish to engage with is solely your responsibility and entirely at your own risk.

9.3 No Agency

We are not an agent, representative or guarantor of any User. Our role is limited to providing the Campsite booking facility through Find My Campsite and processing payments as an intermediary on behalf of Campsites. We have no control over the conduct of Users and accept no liability arising out of or in connection with any interactions, agreements or disputes between Users.

9.4 Disputes between Users

If a dispute arises between you and another User, you agree to resolve the dispute directly with that User. While we may (but are not obliged to) assist in facilitating communication, we are not responsible for resolving such disputes.

By entering into this Agreement with us you agree to us providing the contact details of User’s to each other where a dispute between Users arise.

10. Limitation of Liability

10.1 Implied Conditions

This clause must be read subject to any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded (Non-Excludable Conditions).

We exclude all implied guarantees, conditions and warranties from this Agreement except any Non-Excludable Condition.

10.2 Limitation of Liability

Subject to the Non-Excludable Conditions, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:

(a) Find My Campsite being temporarily inaccessible for any reason that is beyond our control;

(b) incorrect, corrupt or lost data;

(d) security vulnerabilities in Find My Campsite or any breach of security that results in unauthorised access to, or corruption of data;

(e) the actions or inactions of, or any dispute arising between Users of Find My Campsite including those arising from the non-fulfilment of bookings and quality of Campsites;

(f) any loss or damage to property, personal injury or death arising directly or indirectly in connection with this Agreement or any agreement between Users;

(g) any unauthorised activity in relation to Find My Campsite;

(h) the occurrence of an Event of Force Majeure;

(i) your use of or reliance on Find My Campsite for a purpose other than its reasonably expected purpose; or

(j) any act or omission by you, your personnel, your associates or any related body corporate under or in relation to this Agreement.

10.3 Limits to Liability Associated with Goods and Services

To the fullest extent possible under the law, we limit our liability for any breach to, in the case of goods, the re-supply of the goods or payment of the cost of the re-supply of the goods or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and in the case of services, the resupply of the services or the payment of the cost of having the services resupplied.

10.4 Indemnity

You indemnify us against all costs suffered or incurred by us, however caused, arising wholly or partially, whether directly or indirectly, arising from:

(a) your infringement of any third party Intellectual Property rights and

(b) any dispute between you and another User.

10.5 Contribution

Neither party will be liable to the other whether in contract, tort (including negligence) or otherwise in connection with this Agreement, for loss or damage to the extent that the other party (or the other party’s personnel) contributed to the loss or damage.

11. Warranties

Subject to the Non-Excludable Conditions, we make no warranties or guarantees that Find My Campsite is fault free, regarding its fitness for any particular purpose or regarding your access to, or the results of your access to Find My Campsite, including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

12. Submitted Content

12.1 Your Submitted Content

Subject to clause 12.2, when you provide us with Submitted Content, that content remains yours. This Agreement does not transfer ownership of Submitted Content to us. Users are responsible for the accuracy and legality of any Submitted Content they provide.

You represent that you own all rights including Intellectual Property rights to your Submitted Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your Submitted Content, to the extent that it is used within Find My Campsite.

12.2 Our Use of Submitted Content

When you provide Submitted Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and licence to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that Submitted Content works better with Find My Campsite), communicate, publish, display and distribute Submitted Content for the purposes of allowing us to operate, improve, promote and protect Find My Campsite.

While we reserve the right to take down any Submitted Content which is in breach of this Agreement, you acknowledge and agree that we are not required to monitor Submitted Content, nor are we responsible for it. You acknowledge that we are not obliged to use any Submitted Content. However, we reserve the right to use Submitted Content for the purpose of operating Find My Campsite.

It is entirely your responsibility to keep copies of any Submitted Content uploaded to Find My Campsite and you must not rely on us storing copies for you.

12.3 Prohibited Content

You undertake not to upload, submit, store, alter or configure any data or Submitted Content to Find My Campsite (Prohibited Content):

(a) unless you have the express permission of the person to whom that content relates;

(b) if the submission of that content infringes any third party Intellectual Property rights;

(d) which is improper, harmful, threatening, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful or otherwise objectionable;

(e) which includes nudity, sex, pornography, adult-oriented content, or expletive or inappropriate language;

(f) containing any computer virus or malicious code;

(g) that is likely to offend, insult or humiliate based on race, politics, culture, religion, ethnicity, gender, age or sexual orientation; or

(h) any other content which we deem inappropriate, acting reasonably.

You acknowledge we are under no obligation to review Submitted Content on Find My Campsite and that in some cases that information may be misleading, offensive or inaccurate. Users are solely responsible for ensuring the accuracy, legality and reliability of Submitted Content and identity of any User before engaging them.

Misleading, illegal or offensive Submitted Content can be reported to us via email to info@findmycampsite.com.au.

13. Intellectual Property

For the purpose of this Agreement, intellectual property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right (Intellectual Property).

We warrant we own or have a licence to use the Intellectual Property in Find My Campsite.

You warrant you will not do any of the following, or permit any person over whom you have effective control to:

(a) copy or reproduce, or create an adaptation or translation of, all or part of Find My Campsite in any way, except to the extent that reproduction occurs automatically through its ordinary use;

(b) incorporate all or part of Find My Campsite in any webpage, site, application or other digital or non-digital format;

(c) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of Find My Campsite on any medium; or

(d) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in Find My Campsite.

14. Privacy

You agree and consent to us handling your personal information in accordance with our privacy policy. We may amend our privacy policy in our sole discretion. If we amend our privacy policy, we will post the new version on our Website.

Where you engage with another User of Find My Campsite, you authorise us to share your personal information and Submitted Content with such other Users as would be reasonably expected with reference to the type of interaction you have with them.

15. Dispute Resolution

A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 15 before commencing any legal proceedings.

If the parties cannot resolve the Dispute between themselves within 30 days, then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of the Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.

Each party must pay its own internal and legal costs in relation to complying with this clause 15. The mediator’s costs are to be shared equally.

The parties acknowledge and agree this clause 15 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.

16. Termination

16.1 Termination

Either party may terminate this Agreement if the other party commits a material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, the party in breach has failed to remedy the breach within 14 days after the receipt of notice to remedy.

Either party may terminate this Agreement by providing the other party notice in writing. Termination will take effect, at the earlier of the date you delete your Account or the end of the then current Subscription Period. Deleting your Account via the facilities made available to you constitutes written notice of Termination from you to us.

16.2 Actions upon Termination

Upon termination, you must immediately stop using Find My Campsite; we reserve the right to permanently erase any data associated with your Account; and you will no longer have access to your Account. You are solely responsible for the extraction of any of your data and Submitted Content from Find My Campsite prior to termination.

17. General

Assignment – Neither party may assign, encumber, declare a trust over or otherwise create an interest in its rights in this Agreement without the other party’s consent, which must not be unreasonably withheld.

Entire agreement – This Agreement sets out all the parties’ rights and obligations relating to the subject matter of the Agreement, and it supersedes all previous agreements or understandings between the parties in connection with the relevant subject matter.

Event of Force Majeure – The parties’ obligations, other than an obligation to pay money, under this Agreement are suspended for the duration of and to the extent they are affected by an Event of Force Majeure.

Governing law – This Agreement is governed by and is to be construed in accordance with the laws applicable in Queensland, Australia. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of courts exercising jurisdiction there.

Notices – The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement which we send to you, will be sent to you via the email address provided to us in your Account. By accepting these terms, you give your consent to receive communications from us by email. Your notices to us should be directed to Find My Campsite or sent via the facilities made available to you on our Website.

Relationship of the parties – Nothing in this Agreement is intended to create any partnership, joint venture, agency or employment relationship between the parties.

Survival – Clauses 9, 10, 12, 15 and any other clause in this Agreement which is expressed to survive or by its nature survives, will survive termination or expiry of this Agreement for any reason.

Severance – If anything in this Agreement is unenforceable, illegal, or void then it is severed, and the rest of this Agreement remains in full force and effect.

Variations to this Agreement – We may vary this Agreement at any time by posting, with 1 month notice, the new Terms of Use on our Website. If you do not accept the terms of the variation, you may terminate this Agreement in accordance with clause 16. The variation will take effect at the beginning of the next Subscription Period.

18. Definitions

Account means the username and security credentials used to access Find My Campsite.

Additional Fees mean specified fees in addition to the Subscription Fees including Transaction Fees.

Camper means a User that subscribes to Find My Campsite to search for and book Campsites.

Campsite means a caravan park, campsite or similar accommodation provider that subscribes to Find My Campsite to promote and accept bookings for their accommodation offerings.

Event of Force Majeure means an act of war (whether declared or not) or terrorism, themobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.

Fees means Subscription Fees and any Additional Fees.

Intellectual Property takes its meaning from clause 13.

Licence takes its meaning from clause 3.

Non-Excludable Conditions takes its meaning from clause 10.1.

Submitted Content includes all Campsite descriptions and listings, booking details, reviews, blog posts, comments, data, information, audio, documents, photos, images, videos, graphics, HTML, text and any other materials which are uploaded by or on behalf of Users to Find My Campsite.

Subscription Fees means the periodic price for any Subscription Package, as set out on our Website, and if no price is specified then the use of the Subscription Package is free.

Subscription Package means any subscription packages available to Users, as advertised on our Website from time to time.

Subscription Period means the term of a Subscription Package as set out in the details of that Subscription Package. If no Subscription Period is specified, then the Subscription Period equals 1 month.

Third Party Infrastructure takes its meaning from clause 5.3.

Transaction Fees means the fee associated with taking an online payment on behalf of the Campsite, as specified in the Subscription Package and as updated from time to time.

Usage Restrictions means any limits to your use of Find My Campsite as set out in the details of the Subscription Package you procured.

User means any person or entity accessing or otherwise using Find My Campsite.

We, our, us or other similar terms means Find My Campsite ABN 86 692 176 391

Website means the site located at findmycampsite.com.au and any of its subdomains.

You, your or other similar terms mean the User who is entering into this Agreement with us.