Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website ‘https://www.campmonk.com’ and (hereinafter referred to as the “Website”) which is owned and operated by ‘M/s.Campmonk’ (hereinafter referred to as the “Company”), having offices at ………………………………………….; where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF CAMPMONK, LLP ITS AFFILIATES OR AGENTS (“CAMPMONK” 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 CAMPMONK 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, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CAMPMONK, 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 REGISTERED 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.”
We know that your privacy is important. For this reason, 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 CAMPMONK IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Campmonk will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “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. Campmonk 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 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 REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
OUR SYSTEM
Overview. We provide the Website and Services as an online network and service to provide individuals seeking campsite information and reservations (“Campers”) with resources about camping, camping experiences, campsites, and other land (“Property”). We enable Campers to make reservations for short-term stays (“Booking”) on Property with landowners who have created Listings for such Property (each, a “Landowner”) . We also provide customized events and wide range of options to choose from depending on the geographic location, climatic conditions, season, activities etc. Our Users include Campers and Landowners.
OUR ROLE
CAMPMONK IS NOT A REAL ESTATE BROKER, REAL ESTATE SALESPERSON, INSURER, OR REAL ESTATE AGENT. CAMPMONK HAS NO CONTROL OVER THE CONDUCT OF LANDOWNERS, CAMPERS, OR OTHER USERS OF THE WEBSITE AND SERVICES OR ANY PROPERTY OR OTHER THIRD PARTY. We are not an owner, operator, or provider of any Property, nor do we manage and/or control Properties or transportation or travel services . Booking Property. In some cases, we redirect you to a third-party website for you to book Property. In such event, Section 1.1 will not apply and we have no involvement in any such booking (but the provisions of Section 9 below will apply). In situations where you, as a Camper, have the ability to book a Property on our Website, we refer to such booking as a “Booking”. 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 Campmonk 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 Landowner against us regarding the remittance of payments received from a Camper by Campmonk on behalf of a Landowner.
For Campers
The following terms apply only to Users in their role 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. In Bookings, Campmonk acts solely as a technology service that facilitates communication and is not a party to any transaction between Campers and Landowners. Pricing is set by the applicable Landowner. You acknowledge and agree that you, and not Campmonk, will be responsible for performing the obligations of any agreement you may have with a Landowner, that Campmonk is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Campmonk 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 Landowners for the purpose of accepting payments from Campers on behalf of the Landowners of such amounts stipulated by the Landowners.
In the event that a Landowner 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 Landowner or to Campmonk (if applicable). Both Campers and Landowners agree to cooperate with and assist Campmonk in good faith, and to provide Campmonk with such information and take such actions as may be reasonably requested by Campmonk, in connection with any complaints or claims made by Landowners.
If you are a Camper, upon Campmonk’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 Landowner, at no cost to you, which process will be conducted by Campmonk or a third party selected by Campmonk, with respect to losses for which the Landowner is requesting payment from Campmonk.
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. You understand that 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 monies 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 in 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 Campmonk 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.
For Landowners. If you are a Landowner, the following provisions apply to you: Listings. If you wish to list a Property as a Landowner, 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 Campmonk 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.
Any agreement you enter into with a Camper is between you and the Camper and we are not a party thereto.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 INSTA 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 Landowner, 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 Landowners. Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between Campmonk 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 Campmonk that is inconsistent with your being an independent contractor (and not an employee) of Campmonk. You are not the agent of Campmonk 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 Campmonk. Without limiting the generality of the foregoing:
You are not entitled to or eligible for any benefits that Campmonk may make available to its employees, such as group insurance, profit-sharing or retirement benefits. Because you are an independent contractor, Campmonk will not withold 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.
Use of the Services and Campmonk 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 “Campmonk Materials”) are protected by copyright laws throughout the world. Subject to the Terms, Campmonk grants you a limited license to reproduce portions of the Campmonk Materials for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Campmonk in a separate license, your right to use any Campmonk Materials is subject to the Terms.
Updates
You understand that the Campmonk Materials are evolving. As a result, Campmonk may require you to accept updates to the Campmonk Materials that you have installed on your computer or mobile device. You acknowledge and agree that Campmonk may update the Campmonk Materials with or without notifying you. You may need to update third-party software from time to time in order to use the Campmonk 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 Campmonk Materials or any portion of the Campmonk Materials, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Campmonk Materials (including images, text, page layout or form) of Campmonk; (c) you shall not use any metatags or other “hidden text” using Campmonk’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 Campmonk Materials 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) access the Campmonk Materials in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Campmonk 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 Campmonk Materials. Any future release, update or other addition to the Campmonk Materials shall be subject to the Terms. Campmonk, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Campmonk Materials terminates the licenses granted by Campmonk pursuant to the Terms. Third-Party Materials As a part of the Campmonk Materials, you may have access to materials that are hosted by another party. You agree that it is impossible for Campmonk to monitor such materials and that you access these materials at your own risk.
Registration Registering Your Account. In order to access certain features of the Campmonk Materials 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”). Access Through a SNS. We may enable you to link your Account with a valid account on a social networking service (“SNS” and each such account, a “Third-Party Account”) by allowing Campmonk to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to grant Campmonk access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Campmonk to pay any fees or making Campmonk subject to any usage limitations imposed by such third-party service providers. By granting Campmonk access to any Third-Party Accounts, you understand that Campmonk may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Campmonk Materials (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Campmonk Materials via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be Your Content (as defined in Section 4.1) for all purposes of the Terms.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Campmonk Materials. Please note that if a Third-Party Account or associated service becomes unavailable or Campmonk’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Campmonk Materials. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time through the SNS. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND CAMPMONK DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Campmonk makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Campmonk is not responsible for any SNS Content.
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 thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Campmonk 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 Campmonk Materials by minors. You may not share your Account or password with anyone, and you agree to notify Campmonk 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 Campmonk has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Campmonk has the right to suspend or terminate your Account and refuse any and all current or future use of the Campmonk 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. Campmonk reserves the right to remove or reclaim any usernames 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 Campmonk Materials if you have been previously removed by Campmonk, or if you have been previously banned from any of the Campmonk Materials.
Necessary Equipment and Software
You must provide all equipment and software necessary to connect to the Campmonk Materials, including but not limited to, a mobile device that is suitable to connect with and use the Campmonk Materials, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Campmonk Materials. Responsibility for Content.
Types of Content You acknowledge that all Content, including the Campmonk Materials, is the sole responsibility of the party from whom such Content originated. This means that you, and not Campmonk, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Campmonk Materials (“Your Content”), and other Users of the Campmonk Materials, and not Campmonk, are similarly responsible for all Content they Make Available through the Campmonk Materials (“User Content”).
No Obligation to Pre-Screen Content. You acknowledge that Campmonk has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Campmonk 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 chat, text, or voice communications. In the event that Campmonk pre-screens, refuses or removes any Content, you acknowledge that Campmonk will do so for Campmonk’s benefit, not yours. Without limiting the foregoing, Campmonk shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
Storage Unless expressly agreed to by Campmonk in writing elsewhere, Campmonk has no obligation to store any of Your Content that you Make Available on the Campmonk Materials. Campmonk has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Campmonk Materials. You agree that Campmonk retains the right to create reasonable limits on Campmonk’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Campmonk in its sole discretion.
Ownership Campmonk Materials
Except with respect to Your Content and User Content, you agree that Campmonk and its suppliers own all rights, title and interest in the Campmonk 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 Campmonk Materials.
Trademarks Campmonk, Pindrop Mystery Camp, Moto Intents, Camp Fit and other related graphics, logos, service marks and trade names used on or in connection with the Campmonk Materials or in connection with the Services are the trademarks of Campmonk 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 Campmonk 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 Campmonk Materials.
Your Content Campmonk does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Campmonk Materials, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to Your Content Subject to any applicable account settings that you select, you grant Campmonk a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Campmonk Materials, including workspaces. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Campmonk, are responsible for all of Your Content that you Make Available on or in the Campmonk Materials.
Username Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the Campmonk Materials, you hereby expressly permit Campmonk to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
Your Account Notwithstanding 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 Campmonk.
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 Campmonk through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Campmonk has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Campmonk a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Campmonk Materials.
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 Campmonk Materials (including your Account), or access to or use of the Campmonk 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 Campmonk Materials or connect to or use the Campmonk Materials in any way not expressly permitted by the Terms; Systematically retrieve data or other content from our Campmonk 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 Campmonk Materials, or any individual element within the Campmonk Materials, Campmonk’s name, any Campmonk trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Campmonk’s express written consent;
Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Campmonk Materials or that is in transit from or to the Campmonk Materials, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Campmonk Materials; Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Campmonk Materials, whether through the use of a network analyzer, packet sniffer or other device;
Make any automated use of the Campmonk Materials, or take any action that imposes or may impose (in Campmonk’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Campmonk Materials;
Bypass any robot exclusion headers or other measures Campmonk takes to restrict access to the Campmonk Materials, or use any software, technology or device to send content or messages, scrape, spider or crawl the Campmonk Materials, or harvest or manipulate data;Use, facilitate, create, or maintain any unauthorized connection to the Campmonk Materials, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Campmonk Materials; or (ii) any connection using programs, tools or software not expressly approved by Campmonk;
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 Campmonk Materials, or to obtain any information from the Campmonk Materials; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Campmonk 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 Campmonk Materials;Use the Campmonk 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 Campmonk 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”).
General In connection with your use of the Campmonk Materials, you shall not: Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; (v) infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; or (vi) promotes illegal or harmful activities; Harm minors in any way;Impersonate any person or entity, including, but not limited to, Campmonk personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
Register for more than one Account or register for an Account on behalf of an individual other than yourself;
Stalk or otherwise harass any other User of our Campmonk Materials; orAdvocate, encourage or assist any third party in doing any of the foregoing activities in this section. Investigations Campmonk may, but is not obligated to, monitor or review the Campmonk Materials and Content at any time. Without limiting the foregoing, Campmonk shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Campmonk does not generally monitor user activity occurring in connection with the Campmonk Materials or Content, if Campmonk becomes aware of any possible violations by you of any provision of the Terms, Campmonk reserves the right to investigate such violations, and Campmonk may, at its sole discretion, immediately terminate your license to use the Campmonk Materials, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
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 Campmonk reserves the right, but has no obligation, to intercede in such disputes. You agree that Campmonk will not be responsible for any liability incurred as the result of such interactions.
Content Provided by Other Users The Campmonk Materials may contain User Content provided by other Users. Campmonk is not responsible for and does not control User Content. Campmonk 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 Campmonk 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 Campmonk 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 Campmonk. Campmonk is not responsible for any Third-Party Websites & Ads. Campmonk 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. Bookings. 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. You also authorize Campmonk to charge your credit card in the event of damage caused at a Property in accordance with the Terms.
Payment We use a third party payment provider to process payments (“Instamojo” or “RazorPay”). By submitting your payment information to or through our Payment Provider, you authorize us to charge the applicable payment method for your Booking and any related fees or charges. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms to determine your rights and liabilities. You agree that we are authorized to immediately invoice your Account for all fees and charges due and payable to Campmonk hereunder (including any damage you cause at or to a Property) and that no additional notice, authorization, or consent is required. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on the Campmonk Properties or by e-mail delivery to you. Landowners In the event of Booking, we may act as the Landowner’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Landowner.Payment processing services for Landowners are provided by Instamojo and are subject to the Instamojo Connected Account Agreement, which includes the Instamojo Terms of Service (collectively, the “Instamojo Services Agreement”). By agreeing to these terms, or continuing to operate as a Landowner, you agree to be bound by the Instamojo Services Agreement, as the same may be modified by Instamojo from time to time. As a condition of Campmonk enabling payment processing services through Instamojo, you agree to provide Campmonk accurate and complete information about you and your business, and you authorize Campmonk to share it and transaction information related to your use of the payment processing services provided by Instamojo. Disputes You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to support@Campmonk.com
Indemnification You agree to indemnify and hold Campmonk, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Campmonk 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 Campmonk 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. Campmonk 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 Campmonk 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 Campmonk Materials.
Disclaimer of Warranties
As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE CAMPMONK MATERIALS IS AT YOUR SOLE RISK, AND THE CAMPMONK MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE CAMPMONK 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 CAMPMONK PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE CAMPMONK MATERIALS OR ANY PROPERTY ACCESSED A RESULT OF YOUR USE OF THE CAMPMONK MATERIALS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE CAMPMONK MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CAMPMONK MATERIALS WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE CAMPMONK MATERIALS WILL BE CORRECTED. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE CAMPMONK 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 CAMPMONK MATERIALS, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. CAMPMONK 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 CAMPMONK OR THROUGH THE CAMPMONK MATERIALS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FROM TIME TO TIME, CAMPMONK 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 CAMPMONK’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
No Liability for Conduct of Third Parties YOU ACKNOWLEDGE AND AGREE THAT CAMPMONK PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CAMPMONK PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING CAMPERS, LANDOWNERS, AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
No Liability for Conduct of Other Users YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE CAMPMONK MATERIALS. YOU UNDERSTAND THAT CAMPMONK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS, WHETHER CAMPERS OR LANDOWNERS. CAMPMONK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE CAMPMONK MATERIALS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE CAMPMONK MATERIALS. PLEASE TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT CAMPMONK DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
LANDOWNERS CAMPMONK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE CAMPMONK MATERIALS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE CAMPMONK MATERIALS. PLEASE TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT CAMPMONK DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
Limitation of Liability
Disclaimer of Certain Damages YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE CAMPMONK PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE CAMPMONK MATERIALS OR ANY BOOKING, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT CAMPMONK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE CAMPMONK MATERIALS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE CAMPMONK MATERIALS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE CAMPMONK MATERIALS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CAMPMONK MATERIALS; OR (5) ANY OTHER MATTER RELATED TO THE CAMPMONK MATERIALS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
Cap on Liability UNDER NO CIRCUMSTANCES WILL THE CAMPMONK PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY CAMPMONK FROM YOU OR PAID BY CAMPMONK TO YOU IN THE THREE (3) MONTHS PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID CAMPMONK ANY AMOUNTS IN SUCH PERIOD, CAMPMONK’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO TWO THOUSAND RUPEES (Rs.2,000) User Content CAMPMONK PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CAMPMONK AND YOU. EXCLUSION OF DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Procedure for Making Claims of Copyright Infringement. It is Campmonk’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Campmonk 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 Campmonk 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 Campmonk 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 Campmonk’s Copyright Agent for notice of claims of copyright infringement is as follows: Campmonk, LLP, 3097A, 6th A main, 13th cross, 2nd stage Indiranagar, Bengaluru, Karnataka 560038
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 Campmonk Materials, unless terminated earlier in accordance with the Terms.
Prior Use Notwithstanding the foregoing, if you used the Campmonk 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 Campmonk Materials (whichever is earlier) and will remain in full force and effect while you use the Campmonk Materials, unless earlier terminated in accordance with the Terms.
Termination of Services by Campmonk Campmonk 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 Campmonk’s sole discretion and that Campmonk 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 Campmonk, you may do so by (a) notifying Campmonk at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Campmonk'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. Campmonk 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 Campmonk becomes aware of any possible violations by you of the Terms, Campmonk reserves the right to investigate such violations. If, as a result of the investigation, Campmonk believes that criminal activity has occurred, Campmonk reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Campmonk is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Campmonk Materials, including Your Content, in Campmonk’s possession in connection with your use of the Campmonk 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 Campmonk, its Users or the public, and all enforcement or other government officials, as Campmonk in its sole discretion believes to be necessary or appropriate.
Breach In the event that Campmonk determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Campmonk Materials, Campmonk reserves the right to:
- Warn you via e-mail (to any e-mail address you have provided to Campmonk) that you have violated the Terms;
- Delete any of Your Content provided by you or your agent(s) to the Campmonk Materials;
- Discontinue your registration(s) with the any of the Campmonk Materials, including any Services or any Campmonk 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 Campmonk deems to be appropriate.
No Subsequent Registration If your registration(s) with or ability to access the Campmonk Materials, or any other Campmonk community is discontinued by Campmonk due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Campmonk Materials or any Campmonk community through use of a different username or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Campmonk Materials to which your access has been terminated. In the event that you violate the immediately preceding sentence, Campmonk reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
International Users The Campmonk Materials can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Campmonk intends to announce such Services or Content in your country. The Campmonk Materials are controlled and offered by Campmonk from its facilities in India. Campmonk makes no representations that the Campmonk Materials are appropriate or available for use in other locations. Those who access or use the Campmonk Materials from other jurisdictions do so at their own volition and are responsible for compliance with local law.
General Provisions.
Electronic Communications The communications between you and Campmonk use electronic means, whether you visit the Campmonk Materials or send Campmonk e-mails, or whether Campmonk posts notices on the Campmonk Materials or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Campmonk in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Campmonk 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.
Release of Campmonk You hereby release Campmonk Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Campmonk Materials, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Campmonk Materials.Waiver against Landowners. AS A CAMPER, YOU HEREBY FREELY, VOLUNTARILY AND WITHOUT DURESS RELEASES LANDOWNER FROM LIABILITY UNDER THE FOLLOWING TERMS (THE “RELEASE”):
- Acknowledgement and Assumption of Risk. Camper acknowledges that camping (the “Activity”) might cause injuries, death, property damage or other harm to third parties. Camper accepts and voluntarily incurs all risks of any such injuries, damages or harm which arise during or result from the Activity except only to the extent caused by the sole negligence or intentional
- Waiver and Release Camper waives releases and forever discharges all claims against the Landowner and its agents and representatives (hereinafter collectively “Released Parties”) for any injuries, damages, losses or claims, whether known and unknown, which arise during or result from the Activity, except only to the extent caused by the sole negligence or intentional misconduct of any of the Released Parties.
- Indemnification and Hold Harmless Camper agrees to indemnify and hold the Released Parties harmless from all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorneys’ fees and other litigation costs and expenses) incurred by any of the Released Parties as a result of any claims or suits brought against any of the Released Parties to recover any losses, liabilities, costs, damages or expenses which arise during or result from the Activity, except only to the extent caused by the sole negligence or intentional misconduct of any of the Released Parties.
- Other The Camper expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of India and that this Release shall be governed by and interpreted in accordance with the laws of India . Camper also agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.
- Assignment The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Campmonk’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Force Majeure Campmonk 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, labor or materials.
- Compliance If you believe that Campmonk has not adhered to the Terms, please contact Campmonk by emailing us at support@Campmonk.com. 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 CAMPMONK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE CAMPMONK MATERIALS OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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 Campmonk should be sent to: support@Campmonk.com. After the Notice is received, you and Campmonk may attempt to resolve the claim or dispute informally. If you and Campmonk 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.
Arbitration
In the event that the You and Campmonk are unable to amicably resolve a dispute by amicably within 30 days after the Notice is received, either party may begin an arbitration proceeding and the said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties.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. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bangalore.
Survival of Agreement This Arbitration Agreement will survive the termination of your relationship with Campmonk.
Entire Agreement 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.
Mobile Applications The following terms apply in the event we offer a mobile application. Application License Subject to your compliance with the Terms, Campmonk grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of Campmonk’s software application for mobile devices (the “Application”) on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service
App Stores You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that the Terms are between you and Campmonk and not with the App Store. Campmonk, not the App Store, is solely responsible for the Campmonk Materials, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Campmonk Materials, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Campmonk Materials, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.Accessing and Download the Application from iTunes. The following applies to any App Store Sourced Application:
You acknowledge and agree that (i) the Terms are concluded between you and Campmonk only, and not Apple, and (ii) Campmonk, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Campmonk and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Campmonk.
You and Campmonk acknowledge that, as between Campmonk and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Campmonk acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Campmonk and Apple, Campmonk, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.You and Campmonk acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Force Majeure
Neither the Company nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
Miscellaneous Provisions
- Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
- Contact Us: If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can write to us at info@campmonk.com
- Applicability of the Terms of Use : The Terms of Use shall be applicable including but not limited to the user of the website, to the third parties associated with User, persons benefiting from the booking, use of services along with the User, claiming on behalf of User.
