TERMS AND CONDITIONS

1. DISCLAIMER

a) Please note that the content in this app is added and modified by the users. WikiCamps takes no responsibility for content added by users or gives any guarantee for its accuracy. We take no responsibility for any damages or expenses incurred due to the use of this app or the information in it. It is the users responsibility to confirm that it is legal to camp at a site before they do so. The user is responsible for finding out and obeying the laws, rules and limits of any activity they wish to perform at a site, including but not limited to camping, hunting, fishing and use of fire. This includes purchasing any licences required for the activity. If you find anything that is incorrect or inappropriate, please correct it or report it through the app.

b) All content added by users, including site information, photos, comments and prices become public and can be seen by other people on and off WikiCamps. Regardless of how it may sound or appear, all content added by users is the opinion of that user and may vary from that of other users. User opinions do not represent that of WikiCamps. Prices listed on WikiCamps are to be used as a guide and cannot be used as quotes. All content added grants WikiCamps royalty-free rights to use that content worldwide, in any way.

c) It is an express term and condition of using WikiCamps that you do not copy material from copyright publications. You must confirm data from your own knowledge and experience. Failure to adhere to these terms and conditions may lead to disabling of your WikiCamps app. WikiCamps reserves the right to disable users read and/or write access to some or all of WikiCamps and the database without a refund. This app or any part of the WikiCamps database may not be copied or reproduced without the permission of WikiCamps.

d) If we decide to change this disclaimer, we will post the changes to these terms and conditions.

2. GENERAL

e) 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.

f) These Terms are to be read in conjunction with the Community Guidelines, as applicable.

g) Supplemental terms may apply to certain offers or services provided as part of the WikiCamps App 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.

h) 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.

i) 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.

3. THE WIKICAMPS APP

a) The WikiCamps App constitutes the provision of a technology platform that enables you as a WikiCamps User via a mobile application to access:

i. your WikiCamps Account details; and

ii. the App Services.

b) 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:

iii. access and use the WikiCamps App on your personal device solely in connection with the Services; and

iv. access and use any content, information and related materials that may be made available through the WikiCamps App,

in each case solely for your personal, non-commercial use.

c) Any rights not expressly granted herein are reserved by WikiCamps and WikiCamps' licensors. In the event of your breach of any of 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, trade mark, and other intellectual property laws. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

d) The data, photos, videos, graphics, text or other material available within the WikiCamps App must not be used or modified in any way without the prior written consent of WikiCamps. The inventions, developments, systems and processes contained in the WikiCamps App may also be the subject of other intellectual property rights.

e) These Terms will terminate immediately if you cease to have a valid licence to use the WikiCamps App for any reason.

f) You acknowledge and agree that each of Apple Inc., Google Inc., Amazon.com Inc. and Microsoft Corporation and their subsidiaries are third party beneficiaries of these Terms and will have the right to enforce these Terms against you as the third party beneficiary hereof.

g) The WikiCamps App is directed to users who are at least 18 years old and are capable of forming legally binding contracts under applicable law. 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 are responsible for compliance with local laws applicable to your accessing the WikiCamps App from your location.

4. YOUR ACCOUNT

a) 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).

b) Unless otherwise permitted by WikiCamps in writing, you may only possess one User Account for use with the WikiCamps App.

c) 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.

5. EXTERNAL SITES

a) 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.

b) 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.

6. USER GENERATED CONTENT

a) 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.

b) 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.

c) All User Contributions must comply with the content standards set out in clause 7 of these Terms.

d) 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.

e) 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.

f) 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 7 of these Terms.

g) You are solely responsible for securing and backing up your content.

h) You represent and warrant that:

i. 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;

ii. all of your User Contributions do and will comply with these Terms;

iii. 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; and

iv. 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.

i) 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

7. CONTENT STANDARDS

a) The content standards in this clause 7 applies 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:

i. contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

ii. contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

iii. infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;

iv. 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://wikicamps.co/privacy;

v. be likely to deceive any person;

vi. promote any illegal activity, or advocate, promote or assist any unlawful act;

vii. cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

viii. impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;

ix. involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;

x. give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;

xi. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

b) Nurturing a respectful community environment is important to us. You also warrant that your User Contributions will not:

i. contain any content that constitutes, promotes, encourages, glorifies or instructs others regarding: Self-harm; Suicide; Eating disorders;

ii. contain content that promotes or encourages engaging in conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation or which fails to comply with accepted internet protocol;

iii. contain content intended to threaten, harass, stalk, intimidate or do anything else to another person that is harmful, illegal, defamatory or inaccurate;

iv. contain personally identifiable information about other individuals (including other Users) unless you have obtained their consent to do so;

v. contain content that is racist, bigoted, hateful or physically harmful of any kind against any group or individual;

vi. contain content that is intended to be inflammatory;

vii. harass or advocate harassment of another person;

viii. involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";

ix. contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

x. contain content that displays pornographic or sexually explicit material of any kind;

xi. contain content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

xii. contain content that solicits passwords or personal information from minors;

xiii. contain video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian); or

xiv. contain content that contains copyrighted material, or material otherwise protected by other intellectual property laws, unless you own or control the rights thereto or have received all necessary consents to do the same, or contains other content, material or elements (including images, artwork, text, layouts, user interfaces, sound clips, video clips, and musical recordings) that may be subject to copyright, trademark, or other intellectual property rights unless you own or control the rights thereto or have received all necessary consents to do the same.

c) Your User Contributions must not contain content (including images, artwork, text, layouts, user interfaces, sound clips, video clips, codes and musical recordings) that may be subject to copyright, trademark, or other intellectual property rights unless you own or control the rights thereto or have received all necessary consents to do the same.

d) Your User Contributions will not contain sensitive personal data unless there is a clear compelling reason for you to share that data and you have clearly consented to doing so.

e) Your User Contributions must be suitable for a general audience and must not contain any strong language, drug references, violence, sexual references or other characters that are unsuitable for a general audience.

8. MONITORING AND ENFORCEMENT; TERMINATION

a) We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion; take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users or the public or could create liability for us; disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the WikiCamps App and/or Website/s; and terminate or suspend your access to all or part of the WikiCamps App and/or Website/s for any or no reason, including without limitation, any violation of these Terms.

b) Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the WikiCamps App and/or Website/s. YOU WAIVE AND HOLD HARMLESS WIKICAMPS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

c) However, we cannot review material before it is posted on the WikiCamps App and/or Website/s, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

d) If we determine that you have provided User Contributions, or otherwise conducted yourself, in a way that we believe is inappropriate or in breach of any part of these Terms, then your licence to use our WikiCamps App and/or Website/s will cease immediately.

9. PRIVACY

a) All personal information collected by the WikiCamps App will be handled in accordance with our Privacy Policy which can be viewed at https://wikicamps.co/privacy. By using the WikiCamps App and/or Website/s, you consent to such processing and you warrant that all data provided by you is accurate.

10. MOBILE NETWORK OPERATORS

a) Your mobile network operator's charges may apply when using our 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.

11. DISCLAIMERS

a) You acknowledge that the WikiCamps App contains information, text, photos, video, graphics, software and other material (Content) provided or made available by WikiCamps, Users and others.

b) WikiCamps takes care to ensure that any information in the WikiCamps App and/or Website/s and any data provided is accurate and complete but does not guarantee its accuracy or completeness nor undertake any obligation to maintain or update such data.

c) The information and services available on or through the WikiCamps App and/or Website/s are provided "as is" and on an "as available" basis, without any representation or warranties of any kind. We do not guarantee that the WikiCamps App and/or Website/s will be secure or free from bugs or viruses.

d) To the maximum extent permitted by applicable law, we exclude all representations, warranties, conditions and other terms which, but for this clause, might have effect in relation to these Terms or be implied or incorporated into these Terms or any collateral contract, whether by statute, common law or otherwise, including (without limitation) any warranty of merchantability, satisfactory quality or fitness for any particular purpose with respect to use of the WikiCamps App.

12. LIMITATION OF LIABILITY

a) In no event will WikiCamps, its affiliates, agents, directors, employees, suppliers or licensors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the WikiCamps App, the Website/s, any services provided on or through the WikiCamps App and/or Website/s or any content on the WikiCamps App and/or Website/s, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law which may include fraud.

b) WikiCamps is not liable for any loss or corruption of data; or any direct or indirect damage or loss to you resulting from the download or use of any Content directly or indirectly in connection with the use of the WikiCamps App, including without limitation that arising from any computer viruses, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, or any failure of performance whether or not due to a Force Majeure Event, communication line failure, theft, destruction or unauthorised access to records, programs or services available on or in connection with the WikiCamps App;

c) WikiCamps is not liable for disruptions to the WikiCamps App service; and

d) you will indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners harmless from and against any third party claim arising from or in any way related to (a) your breach of these Terms, (b) your use of the WikiCamps App, (c) your violation of applicable laws, rules or regulations in connection with the WikiCamps App, or (d) your User Contributions or any other actions connected with your use of the WikiCamps App, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and legal fees (including reasonable lawyer fees). In the event that any damage, loss or harm occurs to your mobile phone or computer systems occurs in connection with use of the WikiCamps App, we will not be liable and you hereby release us from any such claims.

13. INDEMNITY

a) You understand and agree that you are personally responsible for your behaviour on the WikiCamps App and/or Website/s. You agree to indemnify, defend and hold harmless WikiCamps, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees and costs, expenses or fees (including reasonable lawyers' fees) arising out of or relating to any User Contribution you post or otherwise make available through the WikiCamps App and/or Website/s, your use of the WikiCamps App and/or Website/s, your connection to the WikiCamps App and/or Website/s, your violation of these Terms, or your violation of any rights of another person or entity.

14. TERMINATION

a) WikiCamps may, in its sole discretion, terminate your password, account (or any part thereof) or use of the WikiCamps App and/or Website/s, and remove and discard any content within the WikiCamps App and/or Website/s, for any reason, including, without limitation, for lack of use or if WikiCamps believes that you have violated or acted inconsistently with the letter or spirit of these Terms. WikiCamps may also in its sole discretion and at any time discontinue providing the WikiCamps App and/or Website/s, or any part thereof, with or without notice. You agree that any termination of your access to the WikiCamps App and/or Website/s under any provision of these Terms may be effected without prior notice, and acknowledge and agree that WikiCamps may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the WikiCamps App and/or Website/s. Further, you agree that WikiCamps will not be liable to you or any third-party for any termination of your access to the WikiCamps App and/or Website/s. If your access is terminated by WikiCamps, you may not re-register for the WikiCamps App and/or Website/s under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, WikiCamps reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress, or any other remedy available to it in law or in equity to prevent such repeated action or further access.

b) 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.

15. DISPUTE RESOLUTION

a) 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).

b) 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.

c) Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

i. 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;

ii. 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;

iii. 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.

The mediation will be held in Adelaide, South Australia, Australia.

d) 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.

16. GOVERNING LAW

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

17. CONTACT

a) If you have a questions concerning the WikiCamps App or Website/s or need to contact us, please contact support@wikicamps.co.

18. DEFINED TERMS

a) WikiCamps App means any application for use on an electronic device (e.g. telephone, tablet or similar device) operated by WikiCamps Pty Ltd.

b) 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.

c) 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.

d) Users means users of the WikiCamps App and/or Website/s.

e) User Account means an account registered via the WikiCamps App using an email address.

f) Website/s means https://www.wikicamps.co, www.wikicamps.com.au, https://www.wikicamps.co.nz, https://usa.wikicamps.co, https://ca.wikicamps.co and https://uk.wikicamps.co.

g) We or us means WikiCamps Pty Ltd.

h) You means Users.