Terms and Conditions

1. DEFINITIONS

Camper/s means a user of the CAMPILY website. A reference to “you” shall mean a Camper.
Campsite/s means a Campsite Listing on the CAMPILY website.
Campsite Listing means a Campsite which is listed on the CAMPILY website by CAMPILY, and includes any information offered in conjunction with a Campsite through the CAMPILY website.
Campsite Owners means an individual or business corporation who owns a Campsite.
Services means the service offered by CAMPILY to provide Campers who are wishing to find information about a Campsite, offered by way of an online platform being the CAMPILY website.
Website means the CAMPILY website at www.campily.co.za and includes other websites which CAMPILY uses to provide the Services.

2. ACCEPTANCE AND CONDITION OF USE

2.1 CAMPILY will only grant you use of and access to the CAMPILY website on the condition that you accept all of these Terms and Conditions. Please read these Terms and Conditions carefully. By accessing or using the CAMPILY website you indicate your agreement to these Terms and Conditions. If you agree to these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant to CAMPILY that you have the necessary authority to bind that company or other legal entity. If you do not agree to these Terms and Conditions, you are not permitted to use the CAMPILY website.

2.2 You are not permitted to use the CAMPILY website unless you are 18 years of age or older. By accessing or using the CAMPILY website and agreeing to these Terms and Conditions, you are representing and warranting to CAMPILY that you are at least 18 years of age.

2.3 You acknowledge and agree that CAMPILY is not a party to any agreements entered into between Campers and Campsites and that CAMPILY does not make any representation that is an agent or insurer for you. Your relationship with CAMPILY is that of an independent third party contractor and nothing in these Terms and Conditions shall create a relationship of an employee, partner, agent, representative, trustee or joint venturer of CAMPILY for any reason.

2.4 CAMPILY may vary these Terms and Conditions and the CAMPILY website from time to time in its sole discretion and in doing so may require you to accept the revised Terms and Conditions before allowing you further use of the CAMPILY website. By continuing the use the CAMPILY website, after any such change, you agree to accept any change and to be bound. If you do not accept any such change, you are not permitted to use the CAMPILY website and this is your only remedy.

2.5 CAMPILY grants you, in accordance with these Terms and Conditions, a limited, non-exclusive, non-transferrable licence to access the CAMPILY website and view content on the CAMPILY website which you are permitted to view but solely for your personal and non-commercial purposes. You shall not be permitted to licence your rights under this clause or these Terms and Conditions.

3. SERVICES

3.1 CAMPILY provides an online platform to allow Campers to search Campsites located within South Africa. CAMPILY displays information about Campsites made available for camping activities and provides a facility for potential Campers of such Campsites to search and filter limited information regarding the Campsites displayed on the CAMPILY website. CAMPILY accepts no responsibility for the actions of Campers or Campsite Owners or for any other user of the CAMPILY website.

3.2 CAMPILY is not an owner or operator or provider of any travel or transport services, properties, campsites, lodgings or other accommodations and CAMPILY does not rent, manage or control any of the foregoing. The responsibilities of CAMPILY are limited to operating the CAMPILY website in accordance with these Terms and Conditions.

3.3 Whilst CAMPILY has done extensive online research to provide correct information about the listed Campsites, CAMPILY expressly disclaims any liability for any information about any Campsite or any other part of CAMPILY’s website not being correct or being misleading or deceptive. CAMPILY gives no warranty that such information is accurate, and it is your responsibility to verify information regarding a Campsite with the Campsite Owners directly.

4. USER CONDUCT

4.1 In using the CAMPILY website you agree that you must not:

(a) tamper with or hinder the operation of the CAMPILY website;

(b) interfere with or otherwise damage the CAMPILY website including but not limited to transmitting any viruses, worms, defects, trojan horses or similar disabling or malicious code to the CAMPILY website;

(c) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the CAMPILY website;

(d) modify, adapt, translate or reverse engineer any portion of the CAMPILY website;

(e) copy, store, access or use any information on the CAMPILY website except as expressly allowed under these Terms and Conditions;

(f) remove any copyright, trade mark or other proprietary rights notices contained in or on the CAMPILY website;

(g) breach any authentication or security measures of the CAMPILY website or scan or test (or attempt to scan or test) any vulnerability of the CAMPILY website;

(h) remove, bypass, circumvent, avoid or undertake similar action (or attempt to) in relation to any security or technological system in place in respect of the CAMPILY website

(i) reformat or frame any portion of the web pages that are part of the CAMPILY website;

(j) create Accounts by automated means or under false or fraudulent pretences;

(k) use the CAMPILY website to violate the security of any computer or other network or engage in illegal conduct;

(l) use the CAMPILY website to use or expose any CAMPILY content that is not otherwise publicly displayed;

(m) take any action that imposes or that would, in CAMPILY’s reasonable opinion, result in an unreasonable or disproportionately large load on CAMPILY’s infrastructure;

(n) post or upload any content containing viruses, political advertising, commercial solicitation, mass mailings, or any form of spam;

(o) use the CAMPILY website for any commercial or other purposes which are not expressly permitted under these Terms and Conditions;

(p) infringe upon CAMPILY’s rights or the rights of any third parties;

(q) imply to others any endorsement by CAMPILY or other relationship with CAMPILY or which misleads others as to your affiliation with CAMPILY;

(r) disparage, damage or otherwise cause harm to the CAMPILY brand in any way, including but not limited to using or registering any similar or derivative names, trade marks, domains, business names or other similar identifiers that are misleading or confusing similar to any of the foregoing owned, licensed or otherwise used by CAMPILY;

(s) post or otherwise make available any person’s personal information without their express permission;

(t) harass or solicit (including but not limited to a request to join third party services) any other user of the CAMPILY website;

(u) act in a manner which is abusive, threatening or harassing;

(v) create a Campsite Listing as a Campsite Owner for a Campsite that you do not own or otherwise have sufficient legal right to rent or otherwise create a Campsite Listing for;

(w) create a Campsite Listing as a Campsite Owner where you are acting in the capacity as a rental or listing agent for a third party;

(x) make a campsite review for a Camper or any third party;

(y) contact another Camper for a purpose other than asking a bona fide question in relation to a Campsite Listing;

(z) use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to your origin or affiliations (except to the extent that CAMPILY permits the use of a pseudonym, moniker or username);

(aa) create a Campsite Listing which contains any information that is false or misleading or which you do not intend to honour;

(bb) post, upload, publish, submit or transmit any content that is illegal (or promotes illegal activity), fraudulent, obscene, pornographic, offensive, threatening, defamatory, invasive of privacy, infringes intellectual property rights (including but not limited to third party copyright) or is otherwise injurious to third parties;

(cc) breach any other policies of CAMPILY; or

(dd) breach any law or court order.

4.2 You acknowledge and agree that it is your sole responsibility to ensure that you comply with any laws that may be applicable to your use of the CAMPILY website.

4.3 CAMPILY has no obligation to review or monitor the CAMPILY website, any content on the CAMPILY website or your use of it. Notwithstanding that fact, CAMPILY may from time to time do so at its sole discretion, including but not limited to for monitoring compliance with these Terms and Conditions or to comply with law. CAMPILY may also, at its sole discretion, remove or disable access to any content on the CAMPILY website that it believes is in breach of these Terms and Conditions or which is otherwise objectionable or harmful.

4.4 If you are a Camper or a Campsite Owner and you believe that someone has acted inappropriately (for example, offensive, violent or other inappropriate behaviour or theft), or in respect of a Campsite Listing, the actions should be immediately reported to the police and / or other relevant authorities and then to CAMPILY. CAMPILY shall not liable to you in respect of any such inappropriate actions and CAMPILY shall not be liable to take any action except as may be required by law.

4.5 CAMPILY reserves its rights in relation to any breach of these Terms and Conditions and without limiting any action which CAMPILY may take, CAMPILY may suspend, cancel, deactivate or terminate your Account or Campsite Listing, or pending or accepted bookings or limit your access to the CAMPILY website if:

(a) you have breached these Terms and Conditions (whether the breach is material or not);

(b) you provide inaccurate, misleading, fraudulent or incomplete details during the registration of your Account;

(c) you breach any law or rights of third parties; or

(d) CAMPILY believes that it is reasonably necessary:

(i) to ensure the safety of any person or property,

(ii) to prevent a breach of law; or

(iii) for security or investigation purposes.

5. INTELLECTUAL PROPERTY

5.1 All software used in conjunction with the CAMPILY website is the exclusive property of CAMPILY or its software providers and is protected by copyright laws. You agree that you will not copy, use or alter any of this copyrighted material and will not do anything which may breach copyright in this material.

5.2 All trademarks, logos, business or trade names and any other proprietary designations of CAMPILY used on or in connection with the CAMPILY website are the exclusive property of CAMPILY and may be registered trade marks of CAMPILY. Any third party trade marks, logos, business or trade names or other proprietary designations are used for reference purposes only and remain the property of their respective owners.

5.3 You must not copy, use, modify, prepare works based on, distribute, transfer, sell, licence, display, or otherwise exploit the CAMPILY website, except as expressly permitted under these Terms and Conditions. CAMPILY grants you no licence or right in respect of any intellectual property rights owned or licensed by CAMPILY except to the extent expressly contained in these Terms and Conditions.

6. CONTENT AND FEEDBACK

6.1 There may be instances in which CAMPILY (in its sole discretion) permits you to post or upload content to the CAMPILY website. If you do post or upload any such content, then you grant an irrevocable, worldwide, non-exclusive, sub-licensable, royalty-free, perpetual licence to CAMPILY to use, modify, prepare works based on, distribute, transfer, sell, licence, display, or otherwise exploit such content for any reason. However and notwithstanding the foregoing, CAMPILY does not own such content that you post or upload and does not restrict your right to use and exploit such content that you post or upload.

6.2 You acknowledge and agree that if you provide CAMPILY with any suggestions, feedback, comments or ideas for the CAMPILY website, that you irrevocably assign to CAMPILY all right, title and interest in the foregoing including all intellectual property rights which you might otherwise have in same and you agree to waive any moral rights you may have. If CAMPILY requests, you agree to sign such documents or do such acts as required in order to carry out and give effect to this clause.
6.3 You are solely responsible for any content that you post or upload to the CAMPILY website or suggestions, feedback, comments or ideas you provide to CAMPILY and you warrant and covenant to CAMPILY that:
(a) You are the sole and exclusive owner of any content that you post or upload to the CAMPILY website or you otherwise have all necessary rights, licences, consents, releases or otherwise to grant to CAMPILY those rights pursuant to clause 15.1 and clause 15.2; and
(b) The content you post or upload shall or CAMPILY’s use of it as contemplated by this clause 15.1 and clause 15.2, shall not breach any applicable law or infringe on the intellectual property rights or privacy of any third party.

6.4 If this Agreement is terminated, CAMPILY is not required to delete, return or restore to you any content that you post or upload to the CAMPILY website.

7. LINKS

7.1 The CAMPILY website may contain or provide information posted on, contributed to or advertised on the CAMPILY website by third parties. CAMPILY does not warrant the accuracy of any third party information and does not endorse or recommend any particular products or services which may be posted, advertised or referred to on the CAMPILY website. The inclusion of such material is not an endorsement or recommendation by CAMPILY. The CAMPILY website may also contain links to other websites. In providing these links, CAMPILY does not endorse any third party websites or products and accepts no liability for any content on those websites or any loss or damage you may suffer by acquiring any goods or services from the suppliers of those websites.
7.2 You agree that you will use your own expertise and judgment when considering any such material and deciding to obtain third party goods or services and you acknowledge that CAMPILY is not providing any advice or recommendation in respect of any products, services or other information.7.3 The CAMPILY website may utilise third party software or systems in its operation (for example, embedded Google Maps). Your use of any such third party software or systems is subject to any terms and conditions of use specified by the relevant third party provider.