Camping and Caravan Terms of Use

Last Updated: 6th October 2011

This is the Terms of Use in relation to your use of the Camping and Caravan website and the products, services and software provided by Camping and Caravan ("Services"). This Terms of Use describes the terms and conditions on which you may access and use the Services.

In order to use the Services, you must first read and accept all of the terms and conditions of this Term of Use and the Camping and Caravan Privacy Policy. Your access to or the use of the Services constitutes your acceptance to be bound by the terms and conditions of the Terms of Use regardless whether or not you have clicked to accept the terms where such option is made available to you. If you do not agree to be bound by the Terms of Use, you must not use or access the Services.

The Terms of Use may be amended from time to time, and without prior notice, by Camping and Caravan posting the amended terms on this website. If you do not agree to us, at our sole discretion and without prior notice, amending the Terms of Use, you must not use or access the Services. Your continued access or use of the Services constitutes your acceptance of the terms of the amended Terms of Use.

This Terms of Use and all subsequent amendments to it are referred to as"Essential Terms".

In the event of any inconsistency between the Camping and Caravan Privacy Policy and the Essential Terms, the Essential Terms will prevail.

Nothing in the Essential Terms shall be deemed to confer any third-party rights or benefits.

YOUR USE OF THE Camping and Caravan SERVICES

Your use of the Services is by way of a revocable licence granted to you by Camping and Caravan on the condition that you comply with the Essential Terms and all applicable law, regulations and general accepted practices in the relevant juridictions. It is a personal, non-assignable, non-exclusive, revocable and royalty-free licence for the sole purpose of accessing and using the Services.

You may not and must not permit anyone to copy, modify, licence, reverse engineer, decompile or otherwise attempt to extract the source code of the software(s) in relation to the Services or any part thereof.

You acknowledge and agree that the Services provided by Camping and Caravan may be changed from time to time or be suspended or terminated without prior notice or reason. You acknowledge and agree that Camping and Caravan may, at its sole discretion, refuse service or disable access to an account without prior notice to any user for any or no reason and any user may stop using the Services at any time.

To access or use the Services, you may be required to provide information about yourself. You agree that any information you give to Camping and Caravan will always be accurate, correct and up to date.

You are solely responsible for maintaining the confidentiality of any logins, passwords and your account and agree to immediately notify Camping and Caravan of any unauthorised use of your password or account or any other breach of security. You are fully responsible for all activities that occur under your account with or without your knowledge and whether or not you have notified Camping and Caravan of any unauthorised use.

You may not have more than one active Personal account and you must not sell, trade or otherwise transfer your Camping and Caravan account to another party without written approval from Camping and Caravan.

By using or accessing the Services, you agree to comply with the Essential Terms (this Terms of Use and all its subseqent amendments) and all applicable laws and requirements of any government, statutory or other authorised bodies in the relevant jurisdictions including but not limited to rules governing online conduct and transmission of data. You agree that you are solely responsible for any breach of your obligations under the Essential Terms or any applicable law, regulations or practices and are solely responsible for all consequences arising directly or indirectly of any such breach.

TERMINATION

You agree that Camping and Caravan may, with or without cause and without prior notice, immediately terminate or disable your account and/or your access to the Services. You however will remain bound by those Essential Terms and applicable laws and requirements intended to survive termination.

Without limiting the foregoing, the following will lead to a termination of a user's use or access of the Services

- a breach or violation of any of the Essential Terms;

- a breach of legal requirement or a requirement by any government authority;

- a request by the user (self-initiated account deletions);

- unexpected technical issues or problems, and

- extended periods of inactivity.

Termination of your account includes removal of access to all offerings or services within the Services and may also bar you from further use of the Camping and Caravan Service.

You acknowledge and agree that all terminations shall be made in Camping and Caravan's sole discretion and without prior notice and that Camping and Caravan shall not be liable to you or any third-party for any loss or damage that may arises, whether directly or directly, from the termination of your account or your access to the Services.

You can terminate your account at any time by contacting Camping and Caravan.

USER'S CONDUCT AND ACCESS TO Camping and Caravan SERVICES

You understand and agree not to use the Services or Camping and Caravan websites to:

- post content or initiate communications which are unlawful, defamatory, abusive, obscene, discriminatory, or otherwise objectionable.

- use the Services for any illegal purpose, including but not limited to, conspiring to violate laws.

- falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.

- upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

- upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.

- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to a) Using Camping and Caravan invitations to send messages to people who do not know you or who are unlikely to recognize you as a known contact; b) Using Camping and Caravan to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.

- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

- stalk or harass anyone.

- forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Camping and Caravan Service.

- post content in fields that are not intended for that content. Example: Putting an address in a name or title field.

- interfere with or engaged in any activity that interferes with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

You agree not to use or deploy or allow others to use or deploy any automated or manual device, software or other processes to 'spider' or 'crawl', 'monitor' or 'copy' any webpage's or content contained in the Camping and Caravan website or affiliated websites. You agree not to 'fame' or otherwise simulate any function or appearance of the Camping and Caravan or Camping and Caravan affiliated websites.

You further agree not to intentionally or unintentionally take any action that could interfere with or place any unreasonable load on the proper working order of the Camping and Caravan website its servers or infrastructure. This includes attempting to gain unauthorised access, unsolicited communications, transmission or activation of any form of computer viruses.

INFORMATION ON THE Camping and Caravan WEBSITE

In the course of using the Services, you may provide information or materials (collectively referred to as "Information") including those about yourselves which may be visible or available to certain other users (see our Privacy Policy to learn more about Information collected on this website). You understand that by providing the Information (which includes those posted on the websites and those otherwise provided to Camping and Caravan), you are granting to Camping and Caravan a royalty-free, perpetual, irrevocable licence to use the Information in the course of offering the Services ("Licence").

You warrant that you are the proprietor of or have the proprietary rights or authority to use the Information and that you have an irrevocable right to grant Camping and Caravan the Licence to use all the Information you have provided. You further warrant that all the Information you have provided shall not infringe any copyright, obligation of confidentiality, patent or other right of property belonging to or benefiting any third party and that by providing the Information, you are granting Camping and Caravan the right and Licence to use the Information including without limitation, to reproduce, reformat, adapt, modify, excerpt, translate, publish and distribute any Information and to make such Information available to other individuals, companies or entities with whom Camping and Caravan has relationships with and to use such Information in connection with the provision of its Services.

You acknowledge and agree that the Licence granted to Camping and Caravan to use the Information also permit Camping and Caravan to transmit or distribute the Information over various public networks and in various media.

You understand that all materials, including but not limited to, written text, computer software, music, photographs, videos, which you have access to, whether publicly posted or privately transmitted through the Services (collectively referred to as "data") may be protected by intellectual property rights of the person or entity from which such data originated. You agree that you will not infringe such rights and will not modify, licence, lease, distribute or otherwise deal with the data unless prior consent has been obtained. Such data is the sole responsibility of the person or entity from which the data originated. Camping and Caravan cannot guarantee the authenticity of any data which users may provide or relationships they may describe and that Camping and Caravan will not, in anyway, be liable for any errors or omissions in any data.

You acknowledge and agree that Information provided by you includes all information and materials provided under your account, with or without your knowledge and whether or not they have been provided in breach of security and that you are solely responsible for all the Information provided.

Camping and Caravan cannot guarantee the identity of any users of the Services or any users with whom you may interact with in the course of using the Services.

As a Service to the members Camping and Caravan may include Hypertext links to other websites. This does not imply that Camping and Caravan has any relationship with this person, entity or website. Camping and Caravan accepts no responsibility for websites which may be accessed through this Service or for the payment of any fees or charges incurred or levied by when accessing these websites or any website that may be accessed from the Camping and Caravan website. The links, websites, information, products and services available on such websites or any website that are accessed from this Service are endorsed or necessarily approved by Camping and Caravan.

CHANGES TO THE Camping and Caravan TERMS

You agree that Camping and Caravan may make changes to the Terms of Use from time to time. When changes are made, the new Terms of Use will be made available to you from within the website or through the Services.

You understand and agree that if you use the Services after the date on which the Terms of Use have changed, your use will be treated as your acceptance of the amended Terms of Use.

MONITORING AND ENFORCEMENT

You acknowledge and agree that your access and use of the Services is at your own discretion and risk and that Camping and Caravan is not obligated to control or monitor the activities, data, materials or information (collectively referred to as "Content") associated with the Services and does not guarantee the accuracy, integrity or quality of Content.

You acknowledge and agree that Camping and Caravan is not obligated to take any action in relation to any Content and under no circumstances will Camping and Caravan be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, Content that may be offensive or any loss or damage of any kind incurred directly or indirectly as a result of the use of, access to, or denial of access to any Content on the website.

INDEMNIFICATION

By accepting this Term of Use and its subsequent amendments, you agree to indemnify and otherwise hold harmless Camping and Caravan, its officers, employees, agents, licensor, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from

- your use of the Services;

- unauthorised access to or alteration of your communications with or through the Services, or

- any other matter relating to the Services.

Any business transactions which may arise between users from their use of Camping and Caravan are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Camping and Caravan may disclose any user's information if required to do so by law or in Camping and Caravan's reasonable belief that such disclosure is reasonably necessary to comply with legal process, to enforce the Essential Term, or protect the rights, property, or safety of Camping and Caravan, its users, and the public.

DISCLAIMER OF WARRANTIES

You understand and agree that the Services is provided on an "as is" and "as available" basis and that Camping and Caravan does not assume any responsibility for prompt, proper or any delivery or retention of any information or communications between users. Camping and Caravan assumes no responsibility for the accuracy or existence of any communications between users. In so far as permitted by law Camping and Caravan expressly disclaims all warranties of any kind whether expressed or implied, including but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement.

Camping and Caravan does not represent or makes warranty to you that

- the Services will meet your requirements;

- the Services will be uninterrupted, timely, secure or error-free;

- any information or Content in the website or obtained from the use of the Services is accurate or reliabile;

- the quality of any products, information, services or other materials obtained or purchased by you through the Services will meet your expectations or will be of merchantable quality or fit for purpose; and

- any software provided to you as part of the Services is error-free.

In using the Services, you may use a service or purchase a product, which are provided by another individual or entity. Your use of those other services or your purchase of the product may be subject to separate terms between you and that individual or entity concerned. You acknowledge and agree that Camping and Caravan does not represent or make warranty to you that the services or goods meet your requirements or are of merchantable quality or fit for purposes and that you use those services or purchase those products at your sole discretion and risk. Any material dowloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data as a result of the use of the Services or from the download of any such material.

You acknowledge that you have not relied upon any express or implied warranties or verbal representations by Camping and Caravan prior to accessing or using the Services, other than as set out in this Terms of Use and that no advice or information, whether oral or written, obtained by you from Camping and Caravan or through or from the Services or any other sources shall create any warranty not expressly stated in this Term of Use and any subsequent amendments.

LIMITATION OF LIABILITY

You understand and agree that Camping and Caravan shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited, to damages for loss of profits, loss of goodwill or loss of data, whether incurred directly or indirectly and even if Camping and Caravan has been advised of the possibility of such damages.

In so far as permitted by law, Camping and Caravan expressly disclaims all warranties of any kind whether expressed or implied, including but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement regarding the Content and the Services.

GOVERNING LAW

The Essential Terms (this Terms of Use and all subsequent amendments) are governed by the laws of the State of Queensland Australia and the parties hereby submit to the jurisdiction of Queensland courts in connection with the determination of any matters concerning or arising from this Agreement.

WAIVER

You acknowledge and agree that any delay or failure by Camping and Caravan to enforce any term of this Term of Use and its subsequent amendments will not be deemed to be a waiver of any term. Any waiver by Camping and Caravan of a term must be in writing and will not be deemed to be a waiver of subsequent breaches of the same or of a different kind.

READING DOWN/SEVERANCE

In the event that any term or portion of any term of this Term of Use and its subsequent amendments is held to be unenforceable or invalid by a court of competent jurisdiction the validity and enforceability of the remaining terms or portions of such term will not be adversely affected. The offending term or part thereof will be read down to the extent necessary to give it legal effect, or will be severed if it cannot be read down, and the remaining part and terms of this Term of Use and its subsequent amendments will remain in full force and effect

GENERAL INFORMATION

Camping and Caravan, the Camping and Caravan logo, and other Camping and Caravan logos and names are the intellectual property of Camping and Caravan Network Pty Ltd as owner or who has the proprietary rights over them. You agree not to display or use these intellectual property in any manner without Camping and Caravan's prior written permission.

You acknowledge and agree that your access and/or use of the Services does not give you a right to use of any of Camping and Caravan's trade names, trade marks, logos, domain names and any other brand features.

The section titles of this Term of Use are displayed for convenience only and have no legal effect.

Camping and Caravan COMMUNICATIONS

In the course of providing you services, Camping and Caravan may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Camping and Caravan Service and to inform users about various features of the Camping and Caravan Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Camping and Caravan Service.

FEES

Camping and Caravan reserves the right to charge for the Camping and Caravan Service or any portion thereof, modify the pricing of, add to, or discontinue the Camping and Caravan Service or any portion thereof without prior notice.

Please send any questions or comments, or report violations of the User Agreement to support on the website or write to:

Camping and Caravan
Suite 1 Commerce Place
37 Bundall Road