Website terms

TERMS OF ACCESS AND USE OF THE WEBSITE

A. This Website (referred to in these Terms of Access as the "Website") is owned and operated by Kampspire Pty Ltd (ACN 152 523 110) (‘Kampspire’) on the World Wide Web ("WWW").

B. The material on the Website is copyright © 2018 and owned by Kampspire and/or other copyright owners. The name ‘Kampspire’ and its associated logo are registered trade mark in several jurisdictions together with holding common law trade mark recognition.

C. There is no assignment of intellectual property rights from Kampspire to you pursuant to this agreement.

D. Kampspire provides a list of both paid and unpaid listings and reserves the right to publish or not publish such listings to ensure the database is a comprehensive list of businesses and services relating to camps and camp recruitment services. The database also contains businesses for which Kampspire has no commercial arrangement (particularly relating to free listings).

The Website is available for you to pursuant to the terms and conditions set out in Parts A, Part B and Part C. By continuing to list on the Website you are agreeing to all terms and conditions set out herein.

The Website is to be used for: (a) Access and use conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. (b) Provide information about your product or service conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. (c) List your business for: (i) advertising your camp(s)

PART A - USE OF THE WEBSITE AND USE OF MATERIAL

(1) Except for the limited use set out in Part B you may not use the Website, or the material contained on it, for any purpose. This involves: (a) the reproduction of the material in any material form; (b) the distribution of the material in any material form; (c) re-transmission of the material by any medium of communication; (d) uploading and/or reposting the material to any other site on the WWW; (e) "framing" the material on the Website with other material on any other WWW site.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

(2) Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

(3) You may not use web scrapping software or robots (or any other methods or process) to copy any or all of all the data contained on and within the Website including but not limited to client lists.

(4) Kampspire reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be: (a) re-sold and/or re-distributed in any material form; (b) stored in any storage media; and/or (c) re-transmitted in any media, without the prior written consent of Kampspire.

Links to other Websites

(5) The Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of Kampspire.

(6) In relation to the other sites on the WWW, which are linked to the Website, Kampspire: (a) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Kampspire of the linked site; and (b) is not responsible for the material contained on those linked sites.

Disclaimers

(7) (a)Kampspire is making the Website available for you and others to publish information without assuming a duty of care to users. Kampspire is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW. (b) By approving any material or information for the Website, Kampspire takes no responsibility for the material or information provided by you. (c) You represent and warrant in relation to any material and/or information you provide to Kampspire for the Website that: (i) you are authorised to provide the material and/or information; (ii) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation; (iii) the material and/or information is not the "passing off" of any product or service and does not constitute unfair competition; (iv) the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and (v) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Victoria including, but not limited to, the Competition and Consumer Act 2010 (Cth) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

(8) To the full extent permitted by law Kampspire disclaims any and all warranties, express or implied, regarding: (a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and (b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.

(9) Kampspire will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you: (a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and (b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

(10) Kampspire does not warrant guarantee or make any representation that: (a) the Website, or the server that makes the site available on the WWW are free of software viruses; (b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and (c) errors and defects in the Website will be corrected.

(11) Kampspire is not liable to you for: (a) errors or omissions in the Website, or linked sites on the WWW; (b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and (c) defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of Kampspire, its employees or independent contractors, or through any other cause.

(12) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Limitation of liability

(13) Clauses 7 to 12 (inclusive) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law, Kampspire's liability for any implied warranty or condition is limited, at the choice of Kampspire, to one or more of the following: (A) If the breach of an implied warranty or condition relates to services: (a) the supply of the services again; or (b) the payment of the cost of having the services supplied again. (B) If the breach of an implied warranty or condition relates to goods: (a) the replacement of the goods or the supply of equivalent goods;(b) the repair of such goods; (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

Use of information gathered

(14) Kampspire and/or people authorised by it may gather and process the information and material (a) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and (b) regarding the way in which you use the Website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the Website.

(15) Kampspire may authorise others to offer you goods and services using the information acquired through (a) and (b) above.

Termination of access

(16) Kampspire may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and Kampspire has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

Alteration of Terms of Access

(17) Kampspire reserves the right to change these Terms of Access: (a) with or without further notice to you; and (b) without giving you any explanation or justification for such change.

Relevant jurisdiction

(18) If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

(19) This Agreement will be governed by and interpreted in accordance with the law of Victoria, Australia without giving effect to any principles of conflicts of laws.

(20) You agree to the jurisdiction of the courts of Victoria, Australia to determine any dispute arising out of this Agreement.

PART B - TERMS AND CONDITIONS RELATING TO THE PROVIDING OF INFORMATION ABOUT YOUR PRODUCT OR SERVICE

Uploading Information & Material

(21) Prior to publication on the Website of any or all material and/or information provided by you to Kampspire, Kampsire has in its absolute discretion (whether reasonable or unreasonable): (a) the sole right to approve or reject for publication any or all material and/or information prior to publication on the Website; (b) the sole right to refuse to publish all or any material or information; and (c) Remove or edit all or any material or information published or processed for publishing.

(22) By approving any material or information for the Website, Kampspire takes no responsibility for the material or information provided by you.

(23) You represent and warrant in relation to any material and/or information you provide to Kampspire for the Website that: (a) you are authorised to provide the material and/or information; (b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation; (c) the material and/or information is not the "passing off" of any product or service and does not constitute unfair competition;(d) the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and (e) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Victoria including, but not limited to, the Competition and Consumer Act 2010 (Cth) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

Licence to use intellectual property

(24) By uploading any material which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (the "intellectual property") on to the Website, you are granting Kampspire a perpetual, non-exclusive and payment-free licence throughout the world to: (a) reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and (b) allow Kampspire to sub-licence others the same rights granted to Kampspire in (a) above.

Removal of information

(25) In relation to any material and/or information provided by you to be included on the Website, Kampspire may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.

Limit of liability

(26) Kampspire and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and as a consequence of removing any material and/or information from this Website.

Indemnity

(27) You will at all times indemnify and keep indemnified Kampspire and its respective officers, employees and agents (in this clause referred to as "those indemnified") from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.

Termination

(28) Kampspire may terminate your access and use to the Website at any time without giving any explanation or justification for the termination of access, and Kampspire has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

(29) You may terminate your account with Kampspire by providing 1 (1) months notice in writing to Kampspire however you will not be entitled to a refund of any payment made by you to Kampspire.

(30) No refund of any fee or charge will be provided by Kampspire to you for termination pursuant to clauses 28 and 29.

Relevant jurisdiction

(31) If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

(32) This Agreement will be governed by and interpreted in accordance with the law of Victoria, Australia without giving effect to any principles of conflicts of laws.

(33) You agree to the jurisdiction of the courts of Victoria, Australia to determine any dispute arising out of this Agreement.

Additional Disclaimers

(34) You may use this website to publish information and material and Kampspire does not assume any duty of care to users. Kampspire is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.

(35) To the full extent permitted by law Kampspire disclaims any and all warranties, express or implied, regarding: (c) the accuracy, reliability, timeliness or otherwise of the Website and its operation. (d) merchantability or fitness for any particular purpose for any service or product provided to you by Kampspire.

(36) Kampspire will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of: (c) any failing or failure of the Website; (d) you acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and (e) you using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

(37) Kampspire does not warrant guarantee or make any representation that: (d) the Website, or the server that makes the site available on the WWW are free of software viruses; (e) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and (f) errors and defects in the Website will be corrected.

(38) Kampspire is not liable to you for:(d) errors or omissions in the Website, or linked sites on the WWW; (e) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and (f) defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of Kampspire, its employees or independent contractors, or through any other cause.

(39) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Limitation of liability

(40) Clauses 34 to 39 (inclusive) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law, Kampspire's liability for any implied warranty or condition is limited, at the choice of Kampspire, to one or more of the following: (C) If the breach of an implied warranty or condition relates to services: (c)the supply of the services again; or (d) the payment of the cost of having the services supplied again. (D) If the breach of an implied warranty or condition relates to goods: (d) the replacement of the goods or the supply of equivalent goods;(e) the repair of such goods; (f) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

PART C - TERMS AND CONDITIONS RELATING TO TERM AND PAYMENT

Term of Agreement

(41) The agreement to provide you listing services starts on the date payment is made by you and received by Kampspire for the provision of the listing services ordered by you.

(42) This agreement will continue for the period set out in the membership order, or if no period is specified, will continue automatically for successive follow-on terms unless and until terminated pursuant to Clauses 28 or 29.

Fees and Charges

(43) The Fees and charges payable by you are determined according to the level of listing or advertisements purchased by you. You may from time to time upgrade your level of membership, however you may not downgrade.

(44) You must pay all fees and charges by the due date(s) specified by Kampspire.

(45) Kampspire reserves the right to make changes to the prices at any time on thirty (30) days notice to you.

(46) All fees and other charges are exclusive of GST.

PART D – DEFINITIONS

Term of Agreement

(48) The recitals for part of the terms and conditions of this agreement and headings can be used to give meaning to this agreement.

(49) The following definitions apply to this agreement: ‘GST‘ means: (a) the same as in the GST Law; (b) any other goods and services tax, or any tax applying to this agreement in a similar way; and (c) any additional tax, penalty tax, fine, interest or other charge under a law of such a tax. ‘GST Law‘ means the same as ‘GST law’ in A New Tax System (Goods and Services Tax) Act 1999 (Cth); ‘Intellectual property rights‘ means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields;