WIKICAMPS TERMS AND CONDITIONS


1) GENERAL

  1. These terms and conditions of use ('Terms') govern your use of the Wikicamps mobile application (‘Wikicamps App') and all websites (‘Website/s’) owned and operated by Wikicamps Pty Ltd ACN 169 556 165 (‘Wikicamps’). Your use of the Wikicamps App will mean you accept these Terms. If you do not agree to these Terms, you may not access or use the Wikicamps App. These Terms expressly supersede any prior agreements or arrangements with you.
  2. These Terms are to be read in conjunction with the Community Guidelines, as applicable.
  3. Supplemental terms may apply to certain offers or services provided as part of the WikicampsApp or Website/s (‘Other Services’), such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Other Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the Other Services and will prevail over these Terms in the event of a conflict with respect to the applicable Other Services.
  4. Wikicamps may amend these Terms, any policies or supplemental terms related to the use of the Wikicamps App from time to time. Amendments will be effective upon Wikicamps posting of such updated Terms at this location or via the Wikicamps Website/s. Your continued access or use of the Wikicamps App after such posting constitutes your consent to be bound by the Terms, as amended.
  5. If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected.

2) THE WIKICAMPS APP

  1. The Wikicamps App constitutes the provision of a technology platform that enables you as a Wikicamps User via a mobile application to access:
    1. your Wikicamps Account details; and
    2. the App Services.
  2. Subject to these Terms, the Wikicamps App is available for download if you have the applicable smart phone access to the relevant app store and the internet via your smart phone. Wikicamps does not guarantee that the Wikicamps App, or any part of it, will function on any particular hardware, operating system or device. You acknowledge that the Wikicamps App may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. Subject to your compliance with these Terms, Wikicamps grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
    1. access and use the Wikicamps App on your personal device solely in connection with the Services; and
    2. access and use the content, information and related materials that may be made available through the Wikicamps App,
    in each case solely for your personal and non-commercial use.
  3. Notwithstanding the above Wikicamps may cease to provide you with access to the Wikicamps App or any of its services without notice. The Wikicamps App is protected by copyright. Except to the extent permitted by Australian law, you must not use, copy, modify, transmit, store, publish or distribute the material, or create any other material using material from the Wikicamps App, without the prior written consent of Wikicamps (which may be withheld at its sole and absolute discretion).
  4. Any trademarks (whether registered or unregistered) or logos used or comprised within the Wikicamps App must not be used or modified in any way without the prior written consent of Wikicampss. The material, products, technology and processes contained in the Wikicamps App may also be the subject of other intellectual property rights owned by Wikicamps or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms.

3) WIKICAMPS APP USER ACCOUNT

  1. Our Wikicamps App is directed to users who are at least 18 years old and are residing in and using the Wikicamps within Australia. We do not represent that content available on or through our Wikicamps App is appropriate for use or available in other locations. If you access our Wikicamps App from outside Australia, you do so at your risk and you are responsible for compliance with laws applicable to your accessing the Wikicamps App from your location.
  2. In order to access and use the Wikicamps App, you must register your log-in details to create a ‘User Account’ and pay the applicable fee for the selected subscription (‘Wikicamps App Fee').
  3. Unless otherwise permitted by Wikicamps in writing, you may only possess one User Account for use with the Wikicamps App.
  4. You are responsible for all activity that occurs under your User Account. You must keep your username, password and email address to access the Wikicamps App secure and confidential and not provide those details to any third party under any circumstances. You may not assign or otherwise transfer your User Account to any other person or entity. You represent and warrant to Wikicamps that you accept all liability for any unauthorised use of any username and password issued to you to access and use the Wikicamps App.

4) EXTERNAL SITES

  1. The Wikicamps App and/or Website/s may contain links to, or frame, third party web sites ('External Sites'). Wikicamps is not required to maintain or update such links. Links to, or framing of, External Sites should not be construed as any endorsement, approval, recommendation or preference by Wikicamps of the owners or operators of the External Sites, or for any information, products or services referred to on the External Sites unless expressly stated within the Wikicamps App and/or Website/s.
  2. Wikicamps makes no warranties and accepts no liability in relation to material contained on External Sites. You acknowledge that content (including advertising) on External Sites is not within Wikicamps control and that different terms of use and privacy policies may apply to your use of any External Sites.

5) USER GENERATED CONTENT

  1. The Wikicamps App or Website/s may include information and materials uploaded by Users, including to comment threads. This information and these materials have not been verified or approved by us. The views expressed by other users on our Wikicamps App and/or Website/s do not represent our views or values.
  2. The Wikicamps App and/or Website/s may contain comment threads, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons (post) content or materials (collectively, ‘User Contributions’) on or through the Wikicamps App and/or Website/s.
  3. All User Contributions must comply with the content standards set out in Clause 6 of these Terms.
  4. Any User Contribution you post to the Wikicamps App and/or Website/s will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the Wikicamps App and/or Website/s, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose OR according to your User Account settings.
  5. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Wikicamps App and/or Website/s constitutes a violation of their intellectual property rights, or of their right to privacy.
  6. We have the right to remove any posting you make on our Wikicamps App and/or Website/s if, in our opinion, your post does not comply with the content standards in Clause 6 of these Terms.
  7. You are solely responsible for securing and backing up your content.
  8. You represent and warrant that:
    1. You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
    2. all of your User Contributions do and will comply with these Terms.
    3. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
    4. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User.
  9. We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other Users please contact us on support@wikicamps.co.

6) CONTENT STANDARDS

  1. The content standards in this Clause 6 apply to any and all User Contributions and use of social media features or other Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:
    1. contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
    2. contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    3. infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;
    4. violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy https://www.Wikicamps.com.au/privacy ;
    5. be likely to deceive any person;
    6. promote any illegal activity, or advocate, promote or assist any unlawful act;
    7. cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
    8. impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;
    9. involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;
    10. give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; or
    11. breach the Community Guidelines https://www.Wikicamps.com.au/guidelines .
  2. Further, to assist us to comply with Google Publisher Policies, you warrant that your User Contributions will not include content that is prohibited under those Google Publisher Policies, such as content that:
    1. incites hatred against, promotes discrimination of, or disparages an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or other characteristic that is associated with systemic discrimination or marginalisation;
    2. harasses, intimidates, or bullies an individual or group of individuals;
    3. threatens or advocates for physical or mental harm to oneself or others;
    4. exploits others through extortion;
    5. promotes cruelty or gratuitous violence towards animals;
    6. promotes the sale of products obtained from endangered or threatened species;
    7. misrepresents, misstates, or conceals information about Wikicamps, the User, the purpose of the content, or the content itself;
    8. falsely implies having an affiliation with, or endorsement by, another individual, organisation, product, or service;
    9. makes claims that are demonstrably false, unreliable or harmful;
    10. deceives Users through manipulated media related to politics, social issues, or matters of public concern;
    11. helps Users to mislead others;
    12. promotes any form of hacking or cracking and/or provides users with instructions, equipment, or software that tampers with or provides unauthorised access to devices, software, servers, or websites;
    13. enables a User, or promotes products and services that enable a User, to track or monitor another person or their activities without their authorization (with the exception of private investigation services or products or services designed for parents to track or monitor their underage children);
    14. includes graphic sexual text, image, audio, video, or games;
    15. contains non-consensual sexual themes, whether simulated or real;
    16. may be interpreted as promoting a sexual act in exchange for compensation;
    17. facilitates marriage to a foreigner; or
    18. is made to appear appropriate for a family audience, but contains adult themes including sex, violence, or other depictions of children or popular children’s characters that are unsuitable for a general audience.
  3. Whenever you make use of a feature that allows you to upload content to our Wikicamps App and/or Website/s, or to make contact with other users of same, you must comply with the content standards in this Clause 6.
  4. You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Wikicamps App and/or Website/s will cease immediately.

7) PARTNER BENEFITS AND PROMO CODES

  1. Wikicamps may in its sole discretion create or offer promotional codes to you that may be redeemed for features or benefits related to your User Account or a Partner’s or a third party provider’s services, subject to any additional terms, which may be established on a per promotional code basis (‘Promo Codes’).
  2. You agree that Promo Codes:
    1. may only be used for the intended audience and purpose;
    2. may not be duplicated, sold or transferred in any way, or made available to the general public unless expressly permitted by Wikicamps;
    3. may be disabled or removed by Wikicamps at any time for any reason without liability to Wikicamps;
    4. may only be used pursuant to the specific terms that Wikicamps, the Partner or the third party establishes for such Promo Code; and
    5. are not valid for cash; and
    6. may expire prior to your use.
  3. Wikicamps reserves the right to withhold features or benefits obtained through the use of Promo Codes by you or any other user in the event that Wikicamps reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

8) PRIVACY AND DATA

  1. If you have provided permission through your device, Wikicamps may collect and store pinpointed physical location information from technologies like GPS, Wi-Fi or mobile tower locations. You can withdraw your consent to the use of location data at any time through the settings of your mobile device.
  2. All personal information collected by the Wikicamps App will be handled in accordance with our Privacy Policy https://www.Wikicamps.com.au/privacy.
  3. The use of Promo Codes, Partner Benefits and other third party offers may be subject to collection of your personal information by third parties. You acknowledge that the collection and use of your personal information by those parties will be governed by their respective privacy policies.
  4. You are responsible for obtaining the data network access necessary to use the Wikicamps App. Your mobile network’s data and messaging rates and fees may apply if you access or use the Wikicamps App from a wireless-enabled device and you are responsible for such rates and fees.

9) DISCLAIMERS AND LIMITATION OF LIABILITY

  1. Whilst Wikicamps takes care to ensure that any information in the Wikicamps App and/or Website/s is correct, current and free from errors, Wikicamps does not warrant the accuracy or completeness of or the representations made in such information. You are responsible for assessing the accuracy of such information and rely on it at your own risk.
  2. We do not guarantee that the Wikicamps App and/or Website/s will be secure or free from bugs or viruses or any other type of malicious code or software. You must take your own precautions to ensure that whatever you select for use is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
  3. Certain statutory warranties under consumer protection laws will be implied for the benefit of consumers. Nothing in these Terms is intended to exclude or restrict the application of such laws but Wikicamps does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of the Wikicamps App.
  4. Subject to applicable consumer protection laws:
    1. Wikicamps is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential or economic loss including but not limited to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data) however caused and which is suffered directly or indirectly in connection with the use of the Wikicamps App, including without limitation use of any service, Partner Benefit or Promo Code provided through or in connection with the Wikicamps App;
    2. Wikicamps is not liable for disruptions to the Wikicamps App service; and
    3. Wikicamps is not liable to you or anyone else if interference with or damage to your phone or computer systems occurs in connection with use of the Wikicamps App, or an External Site.
  5. Wikicamps’ liability for a failure to comply with a consumer guarantee under any applicable consumer protection laws is limited to:
    1. in the case of goods supplied to you, the replacement of the relevant goods or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods; and
    2. in the case of services supplied to you, the supply of the relevant services again, or the payment of the cost of resupplying the services.
  6. You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable lawyers’ fees) arising out of or relating to your violation of these Terms or your use of the Website/s, including, but not limited to , your User Contributions, your use of any information obtained from the Website/s and any use of the Website/’s content, services and products other than as expressly authorised in these Terms.

10) LINKING TO OUR WEBSITE/S

  1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in Clause 6.
  2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  3. Our Website/s must not be framed or mirrored on any other website, nor may you create a link to any part of our Website/s other than the home page.
  4. We reserve the right to withdraw linking permission without notice.
  5. If you wish to link to or make any use of content on our Website/s other than that set out above, please contact support@Wikicamps.co.

11) PROHIBITED USES

  1. You may use the Wikicamps App and/or Website/s only for lawful purposes and in accordance with these Terms. You agree not to use the Wikicamps App and/or Website/s:
    1. in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
    2. for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
    3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in Clause 6 of these Terms;
    4. to transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
    5. to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
    6. to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website/s, or which, as determined by us, may harm us or users of the Website/s or expose them to liability.
  2. Additionally, you agree not to:
    1. use the Website/s in any manner that could disable, overburden, damage, or impair the Website/s or interfere with any other party’s use of the Website/s, including their ability to engage in real time activities through the Website/s;
    2. use any robot, spider or other automatic device, process or means to access the Website/s for any purpose, including monitoring or copying any of the material on the Website/s;
    3. use any manual process to monitor or copy any of the material on the Website/s or for any other unauthorised purpose without our prior written consent;
    4. use any automatic or manual process to reverse engineer or decompile any part of the Website/s;
    5. use any device, software or routine that interferes with the proper working of the Website/s;
    6. introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
    7. attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Website/s, the server on which the Website/s is stored, or any server, computer or database connected to the Website/s;
    8. attack the Website/s via a denial-of-service attack or a distributed denial-of-service attack; or
    9. otherwise attempt to interfere with the proper working of the Website/s.
  3. We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Wikicamps App and/or Website/s will cease immediately.

12) PAYMENTS

  1. Any fees payable in relation to the Website/s and/or the Wikicamps App (together the ‘Fee’) including but not limited to the Wikicamps App Fee may:
    1. be paid by all payment methods available via the App; and
    2. change from time to time.
  2. You acknowledge and agree that where a request for the payment of the Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Fee.

13) BREACH

  1. If Wikicamps considers, in its absolute discretion, that you have acted contrary to these Terms or in a manner contrary to Wikicamps’ interests, Wikicamps may immediately terminate your access and use of the Wikicamps App at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action or further access.
  2. You indemnify Wikicamps against all damages, losses and expenses of any kind (including solicitor fees) arising out of or in relation to your breach of these Terms or any violation of any law or the rights of any third party.

14) DISPUTE RESOLUTION

  1. If a dispute arises out of or relates to these Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
    1. within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    2. if for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must request that an appropriate mediator be appointed in accordance with the Resolution Institute Expert Determination Rules;
    3. the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
    4. The mediation will be held in Adelaide, South Australia.
  4. Termination of Mediation: If 60 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

15) GOVERNING LAW

  1. Acceptance of these Terms forms an agreement which is governed by the laws of South Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in that State.

16) CONTACT

  1. If you have a questions concerning the Wikicamps App or Website/s or need to contact us please contact support@Wikicamps.co.

17) DEFINED TERMS

  1. "Wikicamps App" means any application for use on an electronic device (e.g. telephone, tablet or similar device) operated by Wikicamps Pty Ltd.
  2. "App Services" mean services provided by Wikicamps to Users including (but not limited to) access to reviews, ratings, photos and locations of Points of Interest, checklists, tutorials, trip planning, satellite dish pointer, forum, offline maps and editable site content.
  3. "Points of Interest" include (but are not limited to) campgrounds, caravan parks, backpacker hostels, local points of interest, dump stations, visitor information centres, water taps, toilets and showers.
  4. “Users” means users of the Wikicamps App and/or Website/s.
  5. "User Account" means an account registered via the Wikicamps App using an email address.
  6. "Website/s" means www.wikicamps.com.au;
  7. "We" or "us" means Wikicamps Pty Ltd.
  8. “You” means “Users”.


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