Welcome to CamperMate.com.au
These are the terms and conditions (Terms and Conditions) governing the use of CamperMate.com.au (also referred to as the Site). Please read these Terms and Conditions carefully before using this Site. By using the Site, you agree to the Terms and Conditions.
These Terms and Conditions apply to all Users of the Site unless the Terms and Conditions specify otherwise.
The Terms and Conditions published at the time of your use of the Site shall apply to you.
Outdoria Pty Ltd reserves all rights to alter these Outdoria Terms and Conditions as set out below from time to time and at its discretion. Each time you use the Site, you should be aware of our current Terms and Conditions.
To use this Site you must first read and agree to the Terms and Conditions as set out below.
If you do not agree to the Terms and Conditions as set out below, please leave the Site now.
1.1 Outdoria Pty Ltd (ABN 77 605 113 835) trading as CamperMate.com.au (also referred to as ‘we’ or ‘our’ or ‘us’ or “CamperMate” or “Outdoria”) is an Australian private company limited in liability by the value of its shares. We operate an online advertising medium/marketplace platform via the site and APP and related application (APP), allowing users to advertise and/or purchase accommodation and tourist attraction bookings, purchase tourism activities and event tickets, hospitality packages and experiences.
When we refer to ‘us’, or ‘our’ or ‘we’ or similar, we are referring to CamperMate or ** Outdoria Pty Ltd (ABN 77 605 113 835).
When we refer to ‘you’ or ‘your’ or similar, we are referring to you as a User of this site and APP.
Other defined terms and their meanings are:
‘Allocated Area’ means the area on the site and APP approved by us for a Seller to advertise their Product;
‘APP’ means the campermate application available via the apple store or google;
‘Australian Law’ means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency, any requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that have force of law, to the extent required, but recognising the primacy of Australian Law, the principles of law and equity established by the courts outside Australia;
‘Backorder’ means an order for a Product that is temporarily out of stock;
‘Business Day’ means a day that is not a Saturday, Sunday, public holiday or bank holiday in Melbourne and/or Sydney, Australia. ‘Buyer’ (also referred to as ‘you’ or ‘your’ where the context permits) means a person who browses the site and APP, being a potential buyer of a Product via the site and APP, and also a person who wishes to purchase, or has already purchased, Products from a Private Seller or a Retail Seller from an advertisement placed on the site and APP;
‘Charge Back’ means a buyer disputed or fraudulent transaction that has been remitted to the retail seller on the site and APP;
‘Commission’ means a Fee payable by a Seller for Products or Bookings made or Sold on The site and APP. This is inclusive of Request to Book only if they result in Sales;
‘Fee’ means the payment amount(s) required from the Retail Seller or Private Seller to use the site and APP;
‘Intellectual Property Rights’ means all intellectual property rights and proprietary rights (whether registered or unregistered) including copyright, trademarks, patents, moral rights and any other intellectual property right recognised by Australian Law, including but not limited to:
(a.) graphics programming codes, drawings, computer programs, website and APP
(b.) business names, company names, product names;
(c.) any right to have information kept confidential;
(d.) patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, precedent documents, website and APPs, website and APP designs, website and APP design methodology, domain names, domain registration, source codes, site and APP context and design, program backend, HTML front code, adwords, metatags, traffic details, databases, know-how, logos, designs, design rights and client lists;
(e.) phone numbers, fax numbers, email addresses, directory listings; and
(f.) Twitter, Facebook, Skype, LinkedIn, Viber, Instagram and other social media contact points.
‘Licence’ means the irrevocable, royalty-free, non-exclusive, worldwide sub-licensable and perpetual licence to use any and all of the information provided by Sellers to us with such licence to be including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information;
‘Loss’ includes loss of money (including profit), goodwill, or reputation, whether such loss be incidental, direct, indirect, special, consequential even if you advise us or we could reasonably foresee the possibility of any such loss or damage occurring;
‘Merchant fees’ means a cost charged by a merchant (including but not limited to a bank) to a Retail Seller when a buyer is paying with (including but not limited to) a credit card, charge card, debit card, etc. to cover the cost of accepting / processing a payment. This Merchant fee may be varied from time to time without notice.
‘Minimum Term’ means 12 months;
‘Party’ means any Buyer, Private Seller, Retail Seller, and ‘parties’ has a corresponding meaning;
‘Private Seller’ (also referred to as ‘you’ or ‘your’ where the context permits) means:
an individual who:
- has Products advertised on the site and APP or
- proposes to advertise Products on the site and APP; and
- does not carry on a business selling the same or similar products that are sold on the site and APP;
‘Product’ means a good, service or accommodation advertised by or sold by a Seller on the site and APP;
‘Retail Seller’ (also referred to as ‘you’, ‘your’, ‘park’ or ‘partners’ where the context permits) means a Seller who is not a Private Seller;
‘Request to Book’ means a request from a Buyer for a Product. A Product means a good, service or accommodation advertised by or Sold by a Seller on the site and APP for a Fee;
‘Seller Standards’ means the minimum standard requirements for Sellers to meet when using The site and APP for the sale of Products;
‘Seller’ (also referred to as ‘you’ or ‘your’) means any entity posting an advertisement on the site and APP for the sale of a Product or selling a Product on the site and APP, and being either a Private Seller or a Retail Seller;
‘site’ means the internet site at the domain CamperMate.com.au as configured and described as such by us from time to time or any other internet site and APP operated by us from time to time;
‘Sold’’ (also referred to as ‘sales’) means transactions of Products on the site and APP for a Fee;
‘Store Account’ means the arrangement by which a Retail Seller is given personalized access to the site and APP to advertise and sell Products;
‘Subscription’ means the service provided by CamperMate to Retail Sellers by way of a prepaid fee payable by the Retail Seller to CamperMate, by Invoice or Credit Card;
‘Users’ means anyone using the site and APP for any purpose and includes all Sellers and all Buyers;
2. All Users
Nature of the site and APP
2.2 By providing a platform for the sale of Products, we facilitate the transactions between Buyers and Sellers. This includes but is not limited to assistance with customer service, Charge Backs, fulfilment, warranties, returns and Product defects etc. in accordance with all and any applicable Australian Law. This facilitation does not make us responsible for any obligations of the participants in these transactions.
3. All Buyers
Booking Confirmation Policy
3.1 An email confirmation will be emailed to the email address associated with the purchase, within 24 hours of booking online. If you have not received your booking confirmation email, please contact CamperMate and provide us with the following details:
- Your full name
- Your contact phone number
- Your address
- Your order number
- The address/name of the Seller’s store
Cancellation or Booking Amendment Policy
3.2 CamperMate Sellers determine their own Cancellation Policies, Terms and Conditions.
By making a booking with a CamperMate Seller, you accept and agree to the relevant cancellation and/or no-show policy of that Seller.
We note that it is the Seller’s responsibility to maintain and manage their specific Terms and Conditions in their CamperMate account under ‘My Policies’. CamperMate holds no responsibility for Seller’s accounts regarding, administration and upload of Terms and Conditions, uninformed customers and/or any relating misinterpretation relating to a Seller’s Terms and Conditions.
The Terms and Conditions of each Seller is made available on the CamperMate site and APP; on the Sellers page, on each advertisement, during the ‘add to basket’ procedure and in the confirmation email (if applicable).
If you require further clarification, we recommend that you contact the Seller directly before finalising your purchase. Please note that certain rates, availabilities or special offers may not be eligible for cancellation or change.
Any online booking can be amended or cancelled after booking by making direct contact with the relevant Seller, please refer to your invoice for further information. Please note, you may be charged for cancellation of accommodation in accordance with the relevant Seller’s Terms and Conditions.
3.3 All Sellers are committed to providing exceptional customer service and quality products. They endeavour to make sure that all listing on CamperMate.com.au are current and pricing is valid and correct at the time of offering such listings on the site and APP. CamperMate is not liable for any price changes, errors or misdescriptions on the site and APP. In the event that an ordered item is not available, or it is not possible to fulfil your order we will notify you within 2 (two) business days to arrange an alternative Product, a Backorder or a full refund.
Shipping and Delivery Policy
3.4 Standard delivery times for Products purchased through the site and APP are between three (3) and ten (10) Business Days. In the event that an ordered item is not available or it is not possible to fulfill your order we will notify you within 2 (two) business days to arrange an alternative Product, a Backorder or a full refund.
Click & Collect
3.5 The ‘Click and Collect’ feature on the site and APP enables you to purchase a Product online and collect the purchase from a Retail Seller’s store. The service is only available from the Retail Seller from which you purchased the Product, and for Products that feature the ‘Click & Collect’ icon. It is your responsibility to ensure you have the correct details of the Retail Seller and that you have correctly entered all order details (including the your contact details). You will be notified by the Retail Seller within approximately 24 to 48 hours (or 1 to 2 Business Days) after having placed the order as to when the Product is ready for collection. You must present current photo identification and a payment receipt for the purchase to collect ‘Click & Collect’ purchases from the Retail Seller.
Events & Ticketing
3.6 Events and tickets advertised on the site and APP enables you to purchase and or reserve entry to specific events advertised by Sellers. If you have any queries or reservations about an event you must contact the Seller directly or review the particular event’s terms and conditions provided by the Seller prior to purchasing.
3.7 Our facilitation of payment for the tickets does not lead to any liability or responsibility on the part of CamperMate, and any such responsibility rests with the Seller. CamperMate has no obligation or liability to provide the ticket or entry pass to any event.
Exchange, Cancellation & Returns Policy for purchases from Retail Sellers
3.8 All Buyers should choose carefully before buying, as an order to purchase creates a contract between the Buyer and the Seller.
3.9 We do not offer a satisfaction guarantee on Products or refunds for change of mind, however we will always endeavor to keep you happy and satisfied. This warranty only applies to unused and undamaged goods.
3.10 For faulty Products or Products that are the wrong size, Retail Sellers offer a fourteen (14) day replacement warranty from the date you receive your Product. If your Product can be replaced, it will be replaced with the same or a similar Product. If a Product cannot be replaced, you will be offered the option of a replacement Product of the same value, or of being provided with a refund for the total value of the Product.
3.11 Any faulty Product must be returned by you to the Retail Seller from which it was purchased, and proof of this purchase must also be presented. Replacements for faulty Products will be sent to you at no charge within five (5) Business Days from the date the faulty Product is returned.
3.12 When returning a faulty Product to the Retail Seller, please make sure you also provide us the following details:
- Your full name
- Your address
- Your order number
- The date of delivery (or collection) of the Product
- The address of the Seller’s store
- Reason why you are returning the Product
- Your instructions informing us how you would like the issue resolved
- Contact phone number
- The original order confirmation or invoice you received with your Product.
3.13 If you return a Product that is the wrong size and we determine that it has been used since its purchase, no exchange or return will be granted.
3.14 All reasonable care will be taken to ensure that all details, descriptions, images and prices on the site and APP are accurate, errors (including processing, human and system errors) may occur. If we become aware of an error we will make reasonable attempts to contact you as soon as practicable and provide you an option of reconfirming your Booking at the correct price or cancelling your Booking. If we are unable to make contact with you, we will treat the Booking as cancelled and provide you with a full refund.
Risk & Liability
3.15 We accept advertisements from Sellers in good faith. Advertisements on the site and APP for Products are prepared by Sellers who are unrelated to us. We take no responsibility for the accuracy of price information or specifications of any Products advertised and/or sold. We take all reasonable precautions to only host accurate information on the site and APP, but we are not responsible for information uploaded or created by such third parties. You should verify such information yourself.
3.16 All other information on the site and APP and Products acquired through the site and APP are provided “as is” without warranty of any kind by us. We do not warrant or represent that the Products advertised on the site and APP will be suitable for any purpose, or that a Seller has any particular skill, knowledge, qualification or is legally entitled to carry on a particular business. It is your responsibility to verify any information on the site and APP and to investigate for yourself the condition, quality and suitability of any Products advertised on the site and APP.
3.17 When purchasing a Product, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. It is estimated that it would take at least one trillion years to decrypt 128-bit SSL encryption, and this level of encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support centre (02) 9131 4485.
4. All Sellers
4.1 By placing an advertisement on the site and APP, all Sellers accept and must conduct themselves in accordance with these Terms and Conditions. It is a Seller’s responsibility to ensure they comply with applicable Terms and Conditions.
4.2 You must have clear legal title and ability to sell Products you advertise on the site and APP in accordance with Australian law.
Fees and Payment
4.3 Fees for any service offered by us are subject to review and change, without the requirement to notify you unless otherwise specified in these Terms and Conditions.
4.4 Fees differ for Private Sellers and Retail Sellers. All applicable Fees are clearly stated on the site and APP (our Fees) and it is the Seller’s responsibility to consider the Fees before they advertise. Placing an advertisement on the site and APP is deemed to be acceptance of these Terms and Conditions and the applicable fees. You should read and understand these Terms and Conditions so that you are aware of the Fee that is relevant to you (if any).
4.5 All Fees for advertisements placed on the site and APP must be prepaid, unless stated otherwise or prearranged with an authorised representative of CamperMate.
4.6 Any Fees paid to us to place an advertisement on the site and APP do not grant any Seller exclusive rights to any web page on the site and APP.
4.7 By advertising and completing sales on the site and APP, you are giving us permission to accept full payment on your behalf from Buyers for sales of Products prior to us accounting to you for such sales.
4.8 Sellers acknowledge that if a Fee is overdue, CamperMate at its discretion, reserves the right to refer the Fee to a Mercantile Agency for collection in which all costs chargeable by the agency will be added to the Sellers Fee. Any legal costs incurred by Campermate to collect an outstanding Fee will be recoverable ‘on an indemnity basis’ and will form part of the Fee.
Content of Advertisement
4.9 All advertisements must relate to all things accommodation and tourist attraction bookings, purchase tourism activities and event tickets, hospitality packages, experiences and associated accessories and fall within the site and APP’s search criteria. We may reject advertisements that are not relevant to these areas of interest and reserves the right to cancel/and/or amend such advertisements, without notice and without refund.
4.10 We may withdraw or alter the advertisement or material you send us if it is deemed to be inappropriate, incorrect or not in keeping with the site and APP’s style standards and tone.
4.11 Advertisements on the site and APP may only include text descriptions, graphics, pictures and other content relevant to the sale of that particular Product.
4.12 Any phone numbers provided for advertisement must be yours as officially ascribed to you by a telecommunications business or you must have permission and authority to use such phone numbers.
4.13 We reserve the right to verify the availability of items offered for sale and to verify the information contained in any advertisement by requiring the Seller to provide acceptable evidence of the availability of the item(s) for sale. You agree to provide such additional information as we reasonably require. Failure to comply may result in your service being suspended or cancelled and/or removal of the advertisement.
4.14 Sellers must not post/submit illegal, prohibited or offensive content to this site and APP and must not use derogatory terms on the site and APP. Any Seller who submits such content may be reported to the proper authorities. We reserve the right to immediately cancel and remove, without notice or refund, from the site and APP, any advertisement which is deemed by us to contain illegal or prohibited content, derogatory or offensive terms.
4.15 Sellers may not include political, religious or controversial material on any advertisement or part of the site and APP. We reserve the right to immediately cancel and remove, without notice or refund, from the site and APP, any advertisement which is deemed by us to contain such content.
4.16 Sellers must not use this site and APP to promote any products not permitted to be sold via the site and APP nor advertise hyperlinks directing Buyers to other website and APPs.
4.17 We do not permit data mining of any of the content on this site and APP in any way.
4.18 We do not permit the use of the site and APP to publish anything that could be considered spam, phishing, bulk electronic messaging, or anything else that contravenes Australian Law.
4.19 If you are the subject of an interview and/or article and/or feature and/or video of any sort appearing on the site and APP, you accept that the published interview and/or article and/or feature and/or video is prepared with editorial integrity and that our editorial decision is final. You also accept the possibility that editorial errors can occur. Where such errors occur, we will make every effort to amend these errors as soon as they are discovered or brought to our attention but we will not liable for any adverse consequences or loss arising from any such error.
Intellectual Property Rights
4.20 The site and APP is the property of CamperMate and is protected by Australian and international copyright laws and must not be reverse engineered, republished, reproduced or copied in any way.
4.21 No Seller shall be entitled to claim any loss or damage against us for the use publication, republication, producing, reproducing, modifying, deleting, adapting or publishing any of the information provided by a Seller to us.
4.22 If you submit information to the site and APP in which you have no Intellectual Property Rights, it is your responsibility to gain permission from the original owner of that information. We may require production of evidence from a Seller of its Intellectual Property Rights in the information submitted.
4.23 We do not claim any Intellectual Property Rights in the content of any advertisement other than the content that is authored and published by us. By using this site and APP, all Seller’s grant CamperMate a Licence to use any and all of the information provided by such Sellers to CamperMate with such Licence to be irrevocable, royalty-free, non- exclusive, worldwide sub-licensable and perpetual including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information.
4.24 We may use social media and the site and APP may provide links to a number of social media site and APPs, for example Facebook, Twitter, Skype LinkedIn, Viber and Instagram. We reserve the right to change, vary, increase, decrease or desist from its social media presence at any time at our sole discretion.
4.25 We may from time to time host our own social media function, including blogs, consumer reviews, ratings and forums but are not obliged to do so. We do not necessarily endorse, support, encourage, verify or agree with any comments or opinions posted by third parties and any such posting does not necessarily represent the views of CamperMate. We take no responsibility for all and any content on the site and APP except for such items which are specifically identified as being content produced by us.
5. Private Sellers
5.1 Private advertisements must only be advertised by Private Sellers. We may require evidence or a declaration to verify this status. If we determine that a Product is listed for commercial gain, the private advertisement will be immediately removed without notice or refund.
5.2 A private advertisement will expire 60 (sixty) days after its first day of publication, at which time a Private Seller has the option of renewing the advertisement at 50% of the original advertisement fee. The first and any further renewal periods are for 60 (sixty) days each.
5.3 We will endeavour to display your advertisements as submitted by you. However we make no guarantees regarding placement or content of other advertisements displayed on the same page as your advertisement.
6. Retail Sellers
6.1 You must meet the requirements to be a Retail Seller to operate as such through the site and APP. We may require details and evidence of same.
6.2 If you are a Retail Seller, you must not advertise as a Private Seller and shall not purport to be a Private Seller.
6.3 In order to sell Products on the site and APP as a Retail Seller, you must create a Store Account and subscribe to the site and APP for at least the Minimum Term. Once a Store Account is created, these Terms and Conditions apply to you as an agreement with us until terminated by either party giving the other party 31 days’ notice of intention to cancel a subscription; or by us without notice where there has been a breach of these Terms and Conditions by you as a Retail Seller.
6.4 As a Seller, you are responsible for adherence to the Seller Standards. The Seller Standards may be updated from time to time without notice. Material changes will be communicated with all Sellers. See Seller Standards page for more information.
6.5 If you are a Seller and a Product/Booking is requested via the site and APP, you will be required to either confirm or reject the request within the specified timeframe of 24 hours (see Seller Standards) or the request will be cancelled. Product requests Sold on The site and APP are subject to normal Fees as outlined in section 6.11.
6.6 By becoming a Retail Seller on this site and APP, you acknowledge that we may recover all costs that are incurred in relation to honouring sales of Products on the site and APP including but not limited to costs in relation to Charge Backs, Merchant fees, fulfilment, warranties, returns and Product defects. These costs will be debited to your credit card or direct debit account provided to us and you authorise such debits from your account.
6.7 Retail Seller advertisements must be classified in nature. Blanket advertisements such as “25% off all clothing” are considered to be generic advertising and are not permitted within the classified section of the site and APP. Failure to comply may result in your service being suspended or cancelled.
6.8 All advertisements placed by Retail Sellers must be for Products that are in stock and available for purchase. We may require an assurance or evidence of this from you from time to time. Failure to comply may result in your advertisement being removed from the site and APP and/or your Store Account being suspended or cancelled.
6.9 Except within the Allocated Area, under no circumstances are Retail Sellers permitted to advertise their business telephone number within their advertisements on the site and APP. Failure to comply may result in your advertisement being removed from the site and APP and/or your Store Account being suspended or cancelled.
Fees and Payment
6.10 All Fees listed on the site and APP are inclusive of GST and incur Merchant fees.
6.11 All sales by Retail Seller on the site and APP are subject to applicable Fees, please refer to our Fees for further information. This fee may be varied from time to time without notice.
6.11.1 All Requests to Book for Products inclusive of goods, services or accommodation advertised by or Sold by a Seller on the site and APP are subject to applicable Fees
6.12 Details of Retail Seller Fees can be found here, our Fees. Payments will be charged monthly to the Retail Seller’s Store Account based on the Product’s date of sale. For example, if you originally paid on 10 February, your account will be charged on 10 March and so on.
6.13 Once the Minimum Term of 12 Months has expired, we will continue to charge your Store Account until we have been given 31 day’s notice of your intention to cancel your subscription or CamperMate has terminated your Store Account Subscription.
6.14 A Store Account Subscription will renew automatically unless the Store Account Cancel with us in writing as per term 6.26, no less than 31 working days prior to the annual renewal date. We’ll notify Retail Sellers of upcoming renewal and/or any changes in Subscription details in advance of the original term expiry. Automatic Subscription renewal will be for a further Minimum Term of 12 months paid by Credit Card or Invoice.
6.15 Credit Card payments can be scheduled monthly at the request of the Store Account. A Minimum Term of 12 months still remains regardless of payment frequency or type.
6.16 You may change your Retail Seller Subscription plan or Payment Method by contacting Us in writing via email [email protected] or mail to Level 10, Suite 4, 189 Kent Street, Sydney, NSW, 2000. We will notify you when your Subscription has been updated
6.17 By agreeing to these Terms and Conditions you undertake to pay charges incurred by you at agreed Subscription rate every month for the duration of your Term if setup on Credit Card. If Payment is managed annually by Invoice, payment is due in full within 14 days of date invoice is raised.
6.18 All Subscription sales are final. No refunds are permitted.
6.19 In the event that we materially change these Terms and Conditions, we will notify Retail Sellers. If you are a Retail Seller, you may terminate the subscription with CamperMate within fourteen (14) days of such notice, failing which you are deemed to have accepted the changes to the Terms and Conditions.
6.20 By creating a Store Account and agreeing to these Terms and Conditions, you have authorised us to debit funds from your nominated account that may from time to time become due to us under your Store Account. These Terms and Conditions also maintain the requirement to pay invoices for full terms in full and within the agreed payment period.
6.21 By agreeing to these Terms and Conditions you undertake to provide us with details of a valid bank account or credit card sufficient to enable us to credit or debit such account from time to time. You undertake to update or certify these details regularly and advise us if expiry dates or Card Verification Codes (CVCs), Card Security Codes (CSCs) or Printed Card Security Codes (PCSCs) change. We shall not be liable or responsible for the loss or delay of funds due to you as a result of your failure to provide accurate and current payment details in a timely manner.
6.22 We may give you at least fourteen (14) days’ notice in writing of any changes to the Terms and Conditions of the credit card payment structure. This notice will state the new amount, frequency, next charging date and any other changes.
6.23 Any Charge Backs attributable to your Store Account are your responsibility as a Seller. In this event, your Store Account will be charged by us, using your Credit Card details on file.
6.24 We will pay Retail Sellers (less our commission) for all sales within three (3) business days of confirmation from you that the Product has been sold and processed.
6.25 Payment will be made via electronic funds transfer (EFT) to your nominated bank account.
Cancellation of Subscriptions
6.26 Cancellations of subscriptions must be sent to us in writing via email [email protected] or mail to Level 10, Suite 4, 189 Kent Street, Sydney, NSW, 2000. We will notify you when your cancellation is accepted by us.
6.27 Service to your CamperMate account will still be maintained after we notify you of the cancellation of your subscription and deactivated the day prior to the subsequent billing date.
6.28 60 days notice of cancellation is required.
Promotion of Good Business Practice
7.1 We aim to promote good business practices and a fair and efficient marketplace. All advertisers on the site and APP must comply with all and any Australian laws or regulations that apply to any transaction on the site and APP in which you are involved.
7.2 All transactions are processed in Australian dollars (AUD). CamperMate is not a party to transactions between Users on the site and APP
7.3 We are not a party to any contract between a Buyer and a Seller on the site and APP. To the extent that the law allows, there is to be no deemed association between a number of separate contracts.
Each Purchase a Separate Contract
7.4 Each purchase by a Buyer from a Seller via the site and APP constitutes a separate contract between the Buyer and the Seller.
You may request amendments to these Terms and Conditions
7.5 Nothing in these Terms and Conditions preclude a User from approaching us and requesting to amend or qualify parts of these Terms and Conditions in their particular case or for a particular transaction. Such requests will be considered by us on a case by case basis, and should be sent in writing via email to [email protected] or mail to Level 10, Suite 4, 189 Kent Street, Sydney, NSW, 2000. These Terms and Conditions will continue to apply to you and your use of the site and APP, unless qualified or amended in writing signed on behalf of CamperMate and expressly identified as an amendment of these Terms and Conditions.
Relationship of Parties
7.6 By using this site and APP you agree that there is no agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship intended or created by these Terms and Conditions other than the agreement to host your advertisement on the site and APP and you shall not take any action or make any representation that you have any agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship with CamperMate.
Governing Law and Jurisdiction
7.7 The agreement formed when you accept these Terms and Conditions is governed by and construed in accordance with the laws of the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
7.8 The site and APP may be accessed by Users from Australia and from overseas. We make no representation that the site and APP complies with the laws of any country outside of Australia. If you access the site and APP outside of Australia, you do so at your own risk.
Australian Consumer Law
7.9 To the extent required, the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) is imported into these Terms and Conditions.
7.10 To the extent permitted by Australian law, we disclaim all warranties, representations and conditions, express or implied, with regard to any information, software or Products including but not limited to:
- merchantable quality;
- durability and fitness for a particular purpose;
- legal title; and
- non-infringement of Intellectual Property Rights.
7.11 To the extent permitted by Australian law, CamperMate or its suppliers are not liable for any Loss suffered by a Buyer or Seller in respect of Products advertised on the site and APP.
7.12 Our failure to act or delay in acting in relation to a breach of any of these Terms and Conditions is not a waiver of any of these Terms and Conditions or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.
Risk & Liability
7.13 We give no warranties in relation to the authenticity of advertisers or Users of the site and APP. To the extent permitted by Australian Law, we give no warranty as to the Products purchased from Sellers on the site and APP.
7.14 Some information on the site and APP may be uploaded by Sellers from external sources. We do not endorse or warrant the accuracy of this content nor do we accept any liability for inaccuracies or omissions in this content. The fact that content appears on the site and APP does not imply our endorsement or liability in respect of such content.
7.15 Unless expressly stated by us, hyperlinks to other website and APPs contained within the site and APP are not maintained or controlled by us. These third party hyperlinks are provided as a reference solely for the convenience of Users. As a result we make no warranties about third party website and APPs, nor do we accept any liability or responsibility for or endorse the content or use of these website and APPs. If you enter a third party website and APP from the site and APP, you do so at your own risk. We take no responsibility for any virus, hacking or breach of security arising from the use of any such hyperlinks.
7.16 All reasonable care will be taken while compiling the site and APP’s content, including advertising content. Nevertheless, we do not warrant or represent that the site and APP is complete, current or free from typographical or other errors, or omissions. Information, advertisements, software and Product descriptions may include inaccuracies.
7.17 We endeavor to provide continual availability of our services and access to the site and APP. However, access to the site and APP may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the site and APP will be timely, continuous, fault-free, uninterrupted, secure or virus-free.
7.18 By reason of occasional technological difficulties, and to the extent permitted by Australian law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the site and APP or inability to use the site and APP even if we have been advised of the possibility of damages. You release CamperMate, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages and liabilities related to use or inability to use the site and APP in this regard.
Last Updated on 30th September 2019 by Outdoria Pty Ltd