PLEASE READ THIS TERMS OF USE AGREEMENT VERY CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF CAMP HUB, INC., ITS AFFILIATES OR AGENTS (“CAMP HUB” OR “WE”) WITH LINKS TO THIS TERMS OF USE (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) BY CAMP HUB OR USERS OF THE SITE (“USERS”), CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTOOD, AND, THUS, AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CAMP HUB, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTER ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES. Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.” Your privacy is of concern to us and so we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY CAMP HUB IN ITS SOLE
DISCRETION AT ANY TIME.
When changes are made, Camp Hub will make a new copy of the Terms of Use available at the Website and the new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also provide the date of last updated date at the top of the Terms of Use. Any changes to the Terms will be effective immediately for new Users of the Website or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users. Camp Hub may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall have to stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE CHECK THE WEBSITE REGULARLY TO VIEW THE THEN-CURRENT TERMS.
OUR SYSTEM
Overview: We provide the Website and Services as an online network and service which provide individuals seeking campsite information and reservations (“Campers”) with resources about camping, campsites, and other land (“Property”). We enable Campers to make reservations for short-term stays (“Booking”) in Property with Campsite owners who have created Listings for such Property (each, a “Campsite owners”). Our Users include Campers and Campsite owners.
Our role: CAMP HUB IS NOT A REAL ESTATE BROKER, REAL ESTATE SALESPERSON, INSURER, OR REAL ESTATE AGENT. CAMP HUB HAS NO CONTROL OVER THE CONDUCT OF CAMPSITE OWNERS, CAMPERS, OR OTHER USERS OF THE WEBSITE AND SERVICES OR ANY PROPERTY OR OTHER THIRD PARTY. We are not, owners, operators, or providers of any Property, nor do we manage and/or control Properties or transportation or travel services. In some cases, we redirect you to a third-party website for you to book Property. However, any Booking is directly between the Camper and entity that owns or manages such Property; we are not a party to such Booking or any transaction or agreement related thereto.
Disclaimer: By using the Website or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Camp Hub with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users regarding any Listings (defined below), or potential or actual Bookings. The foregoing limitation shall not apply to any claim by a Campsite owner against us regarding the remittance of payments received from a Camper by Camp Hub on behalf of a Campsite owner.
- For Campers: The following terms apply only to the users as a Camper:
Booking: These Terms of Use shall govern any Booking. In addition, separate terms and conditions may apply to Property (defined below) you book, including policies that are set by the applicable entity that owns or manages such Property ("Property Rules"). These Property Rules may be set forth on the Service or otherwise communicated to you via a Booking confirmation email. Bookings, Camp Hub acts solely as a technology service that facilitates communication and is not a party to any transaction between Campers and Campsite owners. Pricing is set by the applicable Campsite owner. You acknowledge and agree that you, and not Camp Hub, will be responsible for performing the obligations of any agreement you may have with a Campsite owner, that Camp Hub is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Camp Hub disclaims all liability arising from or related to any such agreements. When we provide Bookings, our responsibilities are limited to: (i) facilitating the availability of the Website and Services and (ii) serving as the limited payment collection agent of Campsite owners for the purpose of accepting payments from Campers on behalf of the Campsite owners of such amounts stipulated by the Campsite owners. In the event that a Campsite owner claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items or property with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Account. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Property to the applicable Campsite owner or to Camp Hub (if applicable). Both Campers and Campsite owners agree to cooperate with and assist Camp Hub in good faith, and to provide Camp Hub with such information and take such actions as may be reasonably requested by Camp Hub, in connection with any complaints or claims made by Campsite owners. If you are a Camper, upon Camp Hub’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Campsite owner, at no cost to you, which process will be conducted by Camp Hub or a third party selected by Camp Hub, with respect to losses for which the Campsite owner is requesting payment from Camp Hub.
Property Terms and Conditions: As a Camper, you will comply with all applicable Property Rules and Regulations, and laws, rules, regulations, and local ordinances, which are Supplemental Terms for any Booking you make. Use of any Property will be subject to: (i) availability of the Property; (ii) payment of all fees and charges incurred in reserving and/or using the Property; and (iii) compliance with the terms and conditions and/or Property Rules. Unless otherwise agreed in writing, settlement of all fees and charges incurred in reserving and/or using the Property is to be made by you prior to your use and shall not be considered guaranteed until written confirmation has been provided to you. A violation of Property Rules may result in cancellation of your Booking(s), in your being denied access to any Booking, or in your forfeiting any money paid for such reservation(s). You hereby authorize us to debit or charge your account (via the method of payment associated with your account) for any costs we incur as a result of such violation (including any property damage or physical injury you cause).
Damage to Property: As a Camper, you are responsible for leaving the Property in the condition it was when you arrived. You acknowledge and agree that, as a Camper, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Property. You agree that we are authorized to immediately charge your Account for all fees and charges due and payable to Camp Hub hereunder and that no additional notice or consent is required.
Promotions: From time to time, we may elect to run or otherwise make available promotional offers, deals and/or codes for Property. Unless otherwise indicated on the Website, we may establish and modify, in our sole discretion, the terms of such offer and suspend or end such offer at any point, with or without notice to you. We reserve the right, in our sole discretion, to reject or refuse to honor any special deal or promotional code you submit to, or otherwise attempt to redeem on, the Website or Services. Promotional codes are generally limited to one use per customer. We may post additional terms of a promotion on the Website.
Cancellation Policy: We would love to host you but in case your plans change, our simple cancellation process makes sure you receive a quick confirmation and fast refunds. You need to pay a certain amount of booking amount as service charge (Service charge may differ from one campsite to another).
- For Campsite owners: If you are a Campsite owner, the following provisions
apply to you;
Listings: If you wish to list a Property as a Campsite owner, you may create a listing of that Property by answering a variety of questions about it and providing the Property Rules and pricing (“Listing”). Listings are made publicly available on our Website. You acknowledge and agree that you are responsible for any and all Listings you post. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
Compliance: YOU SHOULD UNDERSTAND HOW THE LAWS WORK IN THE JURISDICTION OF YOUR PROPERTY. SOME JURISDICTIONS REQUIRE REGISTRATION AND CERTAIN LICENSING AND PERMITS. YOU ARE SOLELY RESPONSIBLE FOR ALL SUCH COMPLIANCE. You represent and warrant that any Listing you post and any subsequent Booking (and use) of a Property: (i) will not breach any agreements you have entered into with any third parties, such as lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Property (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Camp Hub assumes no responsibility for any compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. PLEASE REVIEW LOCAL LAWS BEFORE LISTING A PROPERTY.
Availability: you can set your own schedule of availability for your Property. You can accept or reject prospective bookings through the Services or in other communications with us. However, ONCE A CAMPER MAKES A BOOKING REQUEST, YOU MAY NOT REQUEST THE CAMPER TO PAY A HIGHER PRICE THAN IN THE BOOKING REQUEST ON THE WEBSITE. ONCE YOU ACCEPT A BOOKING OR RECEIVE A BOOKING THROUGH DIRECT BOOK, YOU AGREE TO FULFILL THAT COMMITMENT TO US AND TO THE CAMPER AND YOU MAY NOT CHARGE ANY USER ADDITIONAL OR SUPPLEMENTAL FEES FOR THE BOOKING (other than required taxes). We may make tools available to you to help you to make informed decisions about which Campers you choose to confirm for booking for your Property, but you acknowledge and agree that, as a Campsite owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are otherwise present on the Property at your request or invitation, excluding the Camper and his or her invited guests.
Relationship with Campsite owners: Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between Camp Hub and you. You will take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving Camp Hub that is inconsistent with your being an independent contractor (and not an employee) of Camp Hub. You are not the agent of Camp Hub and you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on behalf of Camp Hub. Without limiting the generality of the foregoing you are not entitled to or eligible for any benefits that Camp Hub may make available to its employees, such as group insurance, profit-sharing or retirement benefits. Because you are an independent contractor, Camp Hub will not withhold taxes of any kind, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf, nor will you be entitled to any of the foregoing. You are solely responsible for filing all tax returns and submitting all payments as required by any government, state, local, or foreign tax authority arising from payments to you under this Agreement, and you agree to do so in a timely manner. You will comply with all applicable government, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, disability and other contributions
Cancellation Policies: Camp Hub provides three types of cancellation methods. You can opt any of the method of cancellation according to your discretion. You cannot change cancellation method after the conformation of a particular Choice.
- SOFT
24 hours or more prior to check-in time free cancellation (100% refunds)
- MODERATE
4 Days or more prior to check-in time free cancellation (100% refunds) 2 Days to check-in time 50% refunds Less than 24 hours before check-in time no refunds.
- STRICT
7 Days or more prior to check-in time free cancellation (100% refunds) 4 Days to check-in time 50% refunds 2 Days to check-in time 25% refunds Less than 24 hours before check-in time no refunds
Promotion Policies: Camp Hub offers a “STATUS OF GOLDEN CIRCLE” If the campsite owners opt for that status, Camp Hub provides an extra promotion, Camp Hub has to provide an extra promotion on monthly basis through website and mobile application. And those campsites should support all the promotion activities of Camp Hub. On none of the promotional activities initiated by the Camp Hub a financial loss incurs to the campsite owners Camp Hub representatives can verify these promotion activities at any point of time. If they found it is violated, can be penalized.
Use of the Services and Camp Hub Materials: THE WEBSITE, THE SERVICES, THE APPLICATION, AND THE INFORMATION AND CONTENT AVAILABLE ON THE WEBSITE AND IN THE SERVICES (AS THESE TERMS ARE DEFINED BELOW) (COLLECTIVELY, THE “CAMP HUB MATERIALS”) ARE PROTECTED BY COPYRIGHT LAWS GLOBALLY. SUBJECT TO THE TERMS, CAMP HUB GRANTS YOU A LIMITED LICENSE TO REPRODUCE PORTIONS OF THE CAMP HUB MATERIALS FOR THE SOLE PURPOSE OF USING THE SERVICES FOR YOUR PERSONAL OR INTERNAL BUSINESS PURPOSES. UNLESS OTHERWISE SPECIFIED BY CAMP HUB IN A SEPARATE LICENSE, YOUR RIGHT TO USE ANY CAMP HUB MATERIALS IS SUBJECT TO THE TERMS. ➢ Updates you understand that the camp hub materials are evolving. As a result, camp hub may require you to accept updates to the camp hub materials that you have installed on your computer or mobile device. You acknowledge and agree that camp hub may update the camp hub materials with or without notifying you. You may need to update third-party software from time to time in order to use the camp hub materials. ➢ Certain Restrictions The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Camp Hub Materials or any portion of the Camp Hub Material, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Camp Hub Materials (including images, text, page layout or form); (c) you shall not use any meta tags or other “hidden text” using Camp Hub’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Camp Hub Material except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f)you shall not access the Camp Hub Materials in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Camp Hub Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Camp Hub Materials. Any future release, update or other addition to the Camp Hub Materials shall be subject to the Terms. Camp Hub, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Camp Hub Materials terminates the licenses granted by Camp Hub pursuant to the Terms. ➢ Third-Party Materials As a part of the Camp Hub Materials, you may have access to materials that are hosted by another party. You agree that it is impossible for Camp Hub to monitor such materials and that you access these materials at your own risk.
Registration of your account: IN ORDER TO ACCESS CERTAIN FEATURES OF THE CAMP HUB MATERIAL, YOU MAY BE REQUIRED TO BECOME A REGISTERED USER. FOR PURPOSES OF THE TERMS, A “REGISTERED USER” IS A USER WHO HAS REGISTERED AN ACCOUNT ON THE WEBSITE (“ACCOUNT”). ➢ Registration Data In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least Eighteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Camp Hub Materials under the laws of India , your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Camp Hub Materials by minors. You may not share your Account or password with anyone, and you agree to notify Camp Hub immediately of any unauthorized use of your password or any other breach of security. IF YOU PROVIDE ANY INFORMATION THAT IS UNTRUE, INACCURATE, NOT CURRENT OR INCOMPLETE, OR CAMP HUB HAS REASONABLE GROUNDS TO SUSPECT THAT SUCH INFORMATION IS UNTRUE, INACCURATE, NOT CURRENT OR INCOMPLETE, CAMP HUB HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE CAMP HUB MATERIALS (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Camp Hub reserves the right to remove or reclaim any user names at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Camp Hub Materials if you have been previously removed by Camp Hub, or if you have been previously banned from any of the Camp Hub Materials. ➢ Necessary Equipment and Software: You must provide all equipment and software necessary to connect to the Camp Hub Materials, including but not limited to, a mobile device that is suitable to connect with and use the Camp Hub Materials, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile data charges, which you incur when accessing the Camp Hub Materials.
Responsibility for Content: Types of Content You acknowledge that all Content, including the Camp Hub Materials, is the sole responsibility of the party from whom such Content is originated. This means that you, and not Camp Hub, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Camp Hub Materials (“Your Content”), and other Users of the Camp Hub Materials, and not Camp Hub, are similarly responsible for all Content they Make Available through the Camp Hub Materials (“User Content”). ➢ No Obligation to Pre-Screen Content. You acknowledge that Camp Hub has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Camp Hub reserves the right in its sole discretion to pre- screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation on chat, text, or voice communications. In the event that Camp Hub pre-screens, refuses or removes any Content, you acknowledge that Camp Hub will do so for Camp Hub’s benefit, and not yours. Without limiting the foregoing, Camp Hub shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
Ownership of Camp Hub Material: Except with respect to Your Content and User Content, you agree that Camp Hub and its suppliers own all rights, title and interest in the Camp Hub Materials. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the Camp Hub Materials. ➢ Trademarks Camp Hub and other related graphics, logos, service marks and trade names used on or in connection with the Camp Hub Material or in connection with the Services are the trademarks of Camp Hub and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Camp Hub Materials are the property of their respective owners. ➢ Other Content Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Camp Hub Materials. ➢ Your Account Not withstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Camp Hub. ➢ Your Profile Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission. ➢ Feedback You agree that submission of any ideas, suggestions, documents, and/or proposals to Camp Hub through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Camp Hub has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.
User Conduct:
➢ Commercial Activities You agree that you will not, under any circumstances (except to the extent expressly authorized by the Terms): (a) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Camp Hub Materials (including your Account), or access to or use of the Camp Hub Materials; or (b) upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Unauthorized Use or Access You agree that you will not, under any circumstances:
- Interfere or attempt to interfere with the proper functioning of the Camp Hub Materials or
connect to or use the Camp Hub Materials in any way not expressly permitted by the Terms;
- Systematically retrieve data or other content from our Camp Hub Materials to create or
compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
- Use, display, mirror or frame the Camp Hub Materials, or any individual element within the
Camp Hub Materials, Camp Hub’s name, any Camp Hub trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Camp Hub’s express written consent;
- Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects
information from or through the Camp Hub Materials or that is in transit from or to the Camp Hub Materials, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Camp Hub Materials;
- Intercept, examine or otherwise observe any proprietary communications protocol used by
a client, a server or the Camp Hub Materials, whether through the use of a network analyzer, packet sniffer or other device;
- Make any automated use of the Camp Hub Materials, or take any action that imposes or
may impose (in Camp Hub’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Camp Hub Materials;
- Bypass any robot exclusion headers or other measures Camp Hub takes to restrict access to
the Camp Hub Materials, or use any software, technology or device to send content or messages, scrape, spider or crawl the Camp Hub Materials, or harvest or manipulate data;
- Use, facilitate, create, or maintain any unauthorized connection to the Camp Hub Materials,
including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Camp Hub Materials; or (ii) any connection using programs, tools or software not expressly approved by Camp Hub;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the
source code for any underlying software or other intellectual property used to provide the Camp Hub Materials, or to obtain any information from the Camp Hub Materials;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Camp Hub Materials;
- Upload, post, e-mail, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Solicit or attempt to solicit personal information from other Users of the Camp Hub
Materials;
- Use the Camp Hub Materials to collect, harvest, transmit, distribute, post or submit
any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- Forge any TCP/IP packet header or any part of the header information in any e-mail
or newsgroup posting, or in any way use the Camp Hub Materials to send altered, deceptive or false source-identifying information; or
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
Interactions with Other Users:
User Responsibility You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that Camp Hub reserves the right, but has no obligation, to intercede in such disputes. You agree that Camp Hub will not be responsible for any liability incurred as the result of such interactions. Content Provided by Other Users the Camp Hub Materials may contain User Content provided by other Users. Camp Hub is not responsible for and does not control User Content. Camp Hub has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
Third-Party Services The Camp Hub Materials may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the Camp Hub Materials and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of Camp Hub. Camp Hub is not responsible for any Third-Party Websites & Ads. Camp Hub provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Fees and Purchase Terms: THERE ARE NO FEES FOR BROWSING OR USING OUR WEBSITE. However, if you make a Booking, you agree to pay any and all fees or charges associated with such Booking. We may charge a fee for the service we provide when you make a Booking through the Services. ➢ Payment: The payment for the campsite owner will be transferred to the campsite owner within 24 hours after the checkout of the customer through online payment/wallet. ➢ Disputes: You must notify us in writing within seven (7) days after receiving your Bank statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to either campowners@camphub.in following Thathrampally (H), HMT Colony, P.O. Kalamassery, Ernakulam. Pin: 683503
Jurisdiction: This Agreement, and all transactions entered into on or through Website/ Mobile Application shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the Website/ Mobile Application, Partners, the Usage Terms or any transactions entered into on or through the Website/ Mobile Application / Partners or the relationship between User and Camp Hub shall be subject to the exclusive jurisdiction of the courts at Kalamassery, Kerala, India and User hereby accede to and accept the jurisdiction of such courts.
Indemnification: You agree to indemnify and hold Camp Hub, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Camp Hub Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Camp Hub Materials; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; (e) your violation of any applicable laws, rules or regulations; (f) your interaction with any User or booking of a Property; and (g) the use, condition or rental of a Property by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Property. Camp Hub reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Camp Hub in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Camp Hub Materials.
Disclaimer of Warranties
- You expressly understand and agree that to the extent permitted by applicable law,
your use of the Camp Hub materials is at your sole risk, and the Camp Hub materials are provided on an “as is” and “as available” basis, with all faults. The Camp Hub parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement.
- The Camp Hub parties make no warranty, representation or condition that: (1) the
Camp Hub materials or any property accessed a result of your use of the Camp Hub materials will meet your requirements; (2) your use of the Camp Hub materials will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from use of the Camp Hub materials will be accurate or reliable; or (4) any errors in the Camp Hub materials will be corrected.
- Any content downloaded from or otherwise accessed through the Camp Hub
materials is accessed at your own risk, and you shall be solely responsible for any damage to your property or person, including, but not limited to, your computer system and any device you use to access the Camp Hub materials, or any other loss that results from accessing such content.
- The services may be subject to delays, cancellations and other disruptions. Camp
Hub makes no warranty, representation or condition with respect to services, including but not limited to, their quality, effectiveness, and reputation.
- No advice or information, whether oral or written, obtained from Camp Hub or
through the Camp Hub materials will create any warranty not expressly made herein.
- From time to time, Camp Hub may offer new “beta” features or tools with which its
users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Camp Hub’s sole discretion. The provisions of this section apply with full force to such features or tools.
Procedure for Making Claims of Copyright Infringement: It is Camp Hub’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Camp Hub by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Camp Hub Materials in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Camp Hub Materials of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Camp Hub’s Copyright Agent for notice of claims of copyright infringement is as follows: Thathrampally (H), HMT Colony, P.O. Kalamassery, Ernakulam. Pin: 683503
Term and Termination:
➢ Term The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Camp Hub Materials, unless terminated earlier in accordance with the Terms. ➢ Prior Use Notwithstanding the foregoing, if you used the Camp Hub Materials prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Camp Hub Materials (whichever is earlier) and will remain in full force and effect while you use the Camp Hub Materials, unless earlier terminated in accordance with the Terms. ➢ Termination of Services by Camp Hub Camp Hub has the right to suspend or terminate any Services provided to you for any reason. You agree that all terminations for cause shall be made in Camp Hub’s sole discretion and that Camp Hub shall not be liable to you or any third party for any termination of your Account. ➢ Termination of Services by You If you want to terminate the Services provided by Camp Hub, you may do so by (a) notifying Camp Hub at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Camp Hub's address set forth below. ➢ Effect of Termination Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Camp Hub will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Remedies:
➢ Violations If Camp Hub becomes aware of any possible violations by you of the Terms; Camp Hub reserves the right to investigate such violations. If, as a result of the investigation, Camp Hub believes that criminal activity has occurred, Camp Hub reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Camp Hub is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Camp Hub Materials, including Your Content, in Camp Hub’s possession in connection with your use of the Camp Hub Materials, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Camp Hub, its Users or the public, and all enforcement or other government officials, as Camp Hub in its sole discretion believes to be necessary or appropriate. ➢ Breach In the event that Camp Hub determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Camp Hub Materials, Camp Hub reserves the right to:
- Warn you via e-mail (to any e-mail address you have provided to Camp Hub) that you
have violated the Terms;
- Delete any of Your Content provided by you or your agent(s) to the Camp Hub
Materials;
- Discontinue your registration(s) with the any of the Camp Hub Materials, including
any Services or any Camp Hub community;
- Discontinue your subscription to any Services;
- Notify and/or send Content to and/or fully cooperate with the proper law
enforcement authorities for further action; and/or
- Pursue any other action which Camp Hub deems to be appropriate.
General Provisions:
➢ Electronic Communications The communications between you and Camp Hub use electronic means, whether you visit the Camp Hub Materials or send Camp Hub e- mails, or whether Camp Hub posts notices on the Camp Hub Materials or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Camp Hub in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Camp Hub provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. ➢ Waiver against Campsite owners AS A CAMPER, YOU HEREBY FREELY, VOLUNTARILY AND WITHOUT DURESS RELEASES CAMPSITE OWNER FROM LIABILITY UNDER THE FOLLOWING TERMS (THE “RELEASE”): ➢ Assignment The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Camp Hub’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. ➢ Force Majeure Camp Hub shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials. ➢ Compliance If you believe that Camp Hub has not adhered to the Terms, please contact Camp Hub by emailing us at campowners@camphub.in we will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation ➢ Limitations Period. YOU AND CAMP HUB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE CAMP HUB MATERIALS OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. ➢ Arbitration Agreement Please read this Section (“Arbitration Agreement”)
carefully. It is part of your contract with Camp Hub and affects your rights. It
contains procedures for MANDATORY BINDING ARBITRATION.
- Applicability of Arbitration Agreement. All claims and disputes (excluding
claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Camp Hub that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Camp Hub, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- Notice Requirement and Informal Dispute Resolution. Before either party
may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Camp Hub should be sent to: campowners@camphub.in After the Notice is received, you and Camp Hub may attempt to resolve the claim or dispute informally. If you and Camp Hub do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Additional Rules for Non-appearance Based Arbitration. If non-appearance
arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. THE TERMS ARE THE FINAL, COMPLETE AND EXCLUSIVE AGREEMENT OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES AND MERGES ALL PRIOR DISCUSSIONS BETWEEN THE PARTIES WITH RESPECT TO SUCH SUBJECT MATTER.