Terms of Service

Last Updated: 14th December, 2023

Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Camp Quokka Platform (as defined herein), you agree to comply with and be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms and Conditions, do not access or use the Camp Quokka Platform. 

These terms include an agreement to mandatory arbitration, which means that you agree to submit any dispute related to your use of any of the Camp Quokka Platform, sites and services to binding arbitration rather than a court. The binding arbitration provision also includes a class action waiver, which means that you agree to proceed with any arbitration individually and not as part of a class. It affects how disputes with Camp Quokka are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Thank you for using Camp Quokka. These Terms constitute a legal binding agreement ("Agreement") between you and Camp Quokka Inc ("Camp Quokka", "we", "our" or "us") and govern your access to and use of all the text, data, information, software, graphics, photographs and more that we and our affiliates may make available to you (all of which we refer to as "Materials"), the Camp Quokka website, including any subdomains thereof, and any other websites through which Camp Quokka makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, application program interfaces, emails, text messages, notifications, social media accounts, plug-ins, Downloadable Tools (as defined below) or other software (collectively, "Application") owned, operated or provided by Camp Quokka to provide our services, and all associated services (collectively, "Camp Quokka Services"), including any feature, content, tools and services accessible by means of the Site and Application. The Materials, Site, Application and Camp Quokka Services together are collectively referred to as the "Camp Quokka Platform". These Terms do not alter in any way the terms or conditions of any other agreement you may have with Camp Quokka for the Camp Quokka Platform (or any part thereof). If you are using the Camp Quokka Platform on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity's behalf, and that the entity agrees to be responsible to Camp Quokka if you violate these Terms.

Scope

The Camp Quokka Platform facilitates information discovery, communications and booking of park products and services. You may access and use the Camp Quokka Platform in accordance with these Terms. Please note that these Terms govern your use of the Camp Quokka Platform and any Camp Quokka Services we provide to you. 

When using the features of the Camp Quokka Platform you are subject to any agreements, policies or guidelines applicable to such features that may be posted from time to time. All such agreements, policies or guidelines, including the Privacy Policy, are hereby incorporated by reference into these Terms. 

Your use of the Camp Quokka Platform is conditioned upon the version of these Terms in force at the time of your use. We reserve the right to change these Terms at any time and you waive any right you may have to receive specific notice of such changes or modifications. All changes to these Terms are effective immediately when we post them and apply to use of the Camp Quokka Platform thereafter. If you continue to access or use the Camp Quokka Platform following our posting of any changes to these Terms, we will consider that you have accepted the changes. Therefore, you must regularly review these Terms to ensure you understand the terms and conditions that apply to your access and use of the Camp Quokka Platform. If you do not agree to the changed Terms, you must stop accessing or using the Camp Quokka Platform.

Additional terms and conditions will apply to your reservation of some overnight accommodations. 

If you have any questions regarding the use of the Camp Quokka Platform, please email us at info@campquokka.com. 

Privacy policy

Please refer to our Privacy Policy, which also governs your use of the Camp Quokka Platform, to understand our practices, including how we collect, use and disclose personally identifiable information from our users. Our Privacy Policy is available at https://www.campquokka.com/privacy-policy. 

Device usage terms and conditions

You acknowledge and agree that your use of the Camp Quokka Platform must also be in accordance with the usage rules established by your mobile device platform or service provider. 

General use

We invite you to use this Camp Quokka Platform for your individual purposes and not for the purposes of reselling ("Permitted Purposes"). 

Subject to these Terms, we grant you a limited, personal, nonexclusive and nontransferable license to use and to display the Materials and a limited, personal, nonexclusive and nontransferable right to access and use the Camp Quokka Platform following setup of an Account on any mobile device that you own or control. You have no other rights in the Camp Quokka Platform, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any portion of the Camp Quokka Platform or the Materials in any manner. If you make copies of any portions of the Camp Quokka Platform while engaging in Permitted Purposes, then we ask that you be sure to keep the copies all of our copyright and other proprietary notices as they appear on the Camp Quokka Platform. 

Subject to these Terms, we also grant you a limited, personal, nonexclusive, nontransferable license to download, install and operate any plug-ins, software, information or other content that we may from time to time have specifically identified within the Camp Quokka Platform as available for download solely in connection with accessing the Camp Quokka Platform ("Downloadable Tools"). 

The terms of the license will also govern any upgrades provided by Camp Quokka that replace and/or supplement the original Camp Quokka Platform, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern. 

You will not do, and will not authorize or permit any third party to do, any of the following: (i) distribute or make the Camp Quokka Platform available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the Camp Quokka Platform (or any part thereof); (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Camp Quokka Platform (or any part thereof), any updates or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law) or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Camp Quokka Platform. If you violate any of the foregoing restrictions, your right to use of the Camp Quokka Platform will immediately cease, and you will have infringed the copyright and other rights of Camp Quokka, which may subject you to prosecution and damages. Camp Quokka reserves all rights not expressly granted to you in these Terms. 

In exchange for Camp Quokka providing you with access to the Camp Quokka Platform, you consent to Camp Quokka collecting and using technical data, personal information and related information in connection with your use of the Camp Quokka Platform, including, but not limited to, contact information and technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Camp Quokka Platform and of software updates, product support and other services. You also consent to our communicating with you about the Camp Quokka Platform. 

Camp Quokka does not warrant that the Camp Quokka Platform will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device. 

The Camp Quokka Platform requires and uses phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply, and you are responsible for all of these charges. 

Registration and elegibility

To access certain areas and features of the Camp Quokka Platform, you may be required to register with Camp Quokka. If you register, you will (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Camp Quokka Platform (the "Registration Data"); (ii) maintain and promptly update the Registration Data, and any other information you provide to Camp Quokka, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to Camp Quokka. Camp Quokka is under no obligation to retain a record of your account or any data or information that you may have stored by means of your account or your use of the Camp Quokka Platform. You are authorized by Camp Quokka to create and use one account only. Once you submit the required registration information, Camp Quokka alone will determine whether or not to approve your proposed account. You are under no obligation to use or continue to use the Camp Quokka Platform and may stop using the Camp Quokka Platform without notice to Camp Quokka. 

Camp Quokka reserves the right to terminate any additional Accounts set up by you, and any Accounts that have been inactive for over 12 months. 

For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access the Camp Quokka Platform, whether directly or through any account that you may setup through or on the Camp Quokka Platform. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Camp Quokka Platform as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Camp Quokka Platform. Should you believe your password or security for the Camp Quokka Platform has been breached in any way, you must immediately notify us. 

Camp Quokka or our billing processors collect your billing information when you purchase products or services on the Camp Quokka Platform. All of this registration information is protected in accordance with our Privacy Policy. 

You may not use the Camp Quokka Platform if you are under 18 years of age (or the age of majority in your jurisdiction). You must have the requisite power and authority to enter into these Terms. Persons under the age of majority are not eligible to use the Camp Quokka Platform and we ask that they do not submit any personal information to us. 

You may not access or use the Camp Quokka Platform if you are a competitor of Camp Quokka or if we have previously banned you from the Camp Quokka Platform or closed your account. 

Product descriptions

Camp Quokka attempts to be as accurate as possible. If you have reason to believe that a product or service you purchased through the Camp Quokka Platform or other product or feature does not meet the claims advertised within the Camp Quokka Platform, you must contact Camp Quokka immediately (and in any case no later than three business days following the check-in date or feature request date). Your failure to contact us within this period may affect our ability to investigate and resolve your claim. Park content, including images, are public domain or provided by the parks. Camp Quokka and its suppliers are not responsible for the accuracy of images or park content. 

Camp Quokka shall always attempt to represent availability and rates accurately on its platform. However, Camp Quokka cannot guarantee the accuracy of information received from the campgrounds, such as rates, applicable fees and applicable taxes.   Each campground agrees and acknowledges that it is solely responsible for inputting such information (including pricing) into the property management system that Camp Quokka will rely upon.  Any errors or omissions with respect to such information (including without limitation rates, fees and taxes) which may result in a loss of revenue are solely the responsibility of such campground.  Camp Quokka will use commercially reasonable efforts to deliver accurate data during purchasing of the outdoor accommodations and additional goods and services provided by the property.

Bookings and purchases

When you make a purchase using the Camp Quokka Platform you are representing the following: (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company and (iii) you will pay the posted price for the product or service, even if you are unable to complete the service. We will not issue Value Added Taxes (VAT) invoices for any purchases made through the Camp Quokka Platform. You are responsible for paying the park directly for any additional upgrades, service elections or other incidental charges you make once you are at the park. 

Where applicable, our park suppliers determine all applicable taxes in the amount we are required to pay over to them. Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. We are not a co-vendor with the park. Tax rates and the type of taxes vary greatly by location. 

For transactions involving parks located within certain jurisdictions, the charge to your debit or credit card for taxes and fees includes an additional payment of tax that we are required to collect and remit to the jurisdiction for tax owed on amounts we retain as compensation for our services. 

Fees

You agree to pay all applicable fees related to your use of the Camp Quokka Platform. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular utilized Camp Quokka Services. 

All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Camp Quokka will have no liability to you arising out of the acts or omissions of such third parties. 

BY PURCHASING PRODUCT(S) AND SERVICE(S), YOU CONSENT TO ALLOW Camp Quokka TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR PRODUCT(S) AND SERVICE(S). PLEASE PRINT OUT THESE TERMS AND CONDITIONS FOR YOUR RECORDS. 

Third-party interactions

Your use of the Camp Quokka Platform and your contact, interaction or dealings with any third parties arising out of your use of the Camp Quokka Platform is solely at your own risk. The parks and other suppliers of Camp Quokka are independent contractors and not agents or employees of Camp Quokka. Camp Quokka is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any of these parks or suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom. 

Terminations

If you breach any of the terms or conditions of these Terms or Camp Quokka discontinues the Camp Quokka Platform, these Terms will automatically terminate. In the event of the termination of these Terms for any reason, the license granted to you in these Terms will immediately terminate and you must immediately stop all use of the Camp Quokka Platform and destroy or erase all copies of the Downloadable Tools in your possession or control. All of the sections of these Terms that by their nature should survive termination will survive any termination of these Terms. For avoidance of doubt, the licenses described in the General Use section will not survive termination of these Terms. Any use of the Camp Quokka Platform after termination is unlicensed and is in violation of the copyright and other rights of Camp Quokka. Camp Quokka and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel bookings in our sole discretion. 

Legal compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Camp Quokka Platform. Camp Quokka reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy. 

Unlawful activity

We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your User Content (as defined below), usage history, posted materials, IP addresses and traffic information. 

Intellectual property

The Camp Quokka Platform may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, text, hypertext, content, images, graphics, logos, audio, and video. Your use of our Camp Quokka Platform does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. The Camp Quokka Platform is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of the Camp Quokka Platform is strictly prohibited. Your use of the Camp Quokka Platform does not grant you ownership rights of any kind in the Camp Quokka Platform. 

Electronic communications and Data security

By using the Camp Quokka Platform, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to this Camp Quokka Platform. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. 

Because Internet email typically is not secure, you should not include any confidential information in any email you send us. In addition, Camp Quokka cannot ensure and does not warrant the security of any information sent to us by you, and you do so at your own risk. Once Camp Quokka receives information from you, we will use commercially reasonable efforts to ensure its security but we do not accept liability for unintentional disclosure. Although Camp Quokka will in most circumstances be able to receive your email or other information provided through the Platform, Camp Quokka cannot guarantee that it will receive all such email or other information timely and accurately, and Camp Quokka will not be legally obligated to read, act on, or respond to any such email or other information. 

Links to other content or websites

The Camp Quokka Platform may contain links to third party content or websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within the Camp Quokka Platform does not constitute any endorsement, guarantee, warranty, or recommendation of such third party content or websites. Camp Quokka has no control over the legal documents and privacy practices of third party content or websites; as such, you access any such third party content or websites at your own risk. 

User content and conduct

The Camp Quokka Platform includes forums and other interactive areas or services ("Interactive Areas") in which you or other users may (i) create, upload, post, send, receive, share or store content, materials, data, information, text, photos, audio, video and/or other materials and information on or through the Service ("User Content"); and (ii) access and view User Content and any content that Camp Quokka itself makes available on or through the Service, including proprietary Camp Quokka content and any content licensed or authorized for use by or through Camp Quokka from a third party ("Camp Quokka Content" and, together with User Content, "Collective Content"). You are solely responsible for your use of such Interactive Areas and the User Content you share. You hereby grant Camp Quokka a perpetual (or for the term of the protection), non-exclusive, worldwide, royalty-free, irrevocable, sublicensable and transferable license to (i) access, use, store, copy, adapt, modify, create derivative works from, distribute, publish, transmit, stream, broadcast, publicly display and otherwise exploit in any manner such User Content you post, upload or otherwise provide to Camp Quokka and (ii) use the name and profile picture associated with your User Content submission, in any media or platform, in each case without compensation to you. Insofar as User Content includes personal information, such User Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. You acknowledge that Camp Quokka may choose to provide attribution of your User Content at our discretion. 

You agree that you are solely responsible for all of your User Content and that any such User Content shall be considered both non-confidential and non-proprietary. If you use the Interactive Areas, you also understand that anyone could see your User Content. Camp Quokka does not endorse, nor are we required to pre-screen your User Content (although we might), and, like elsewhere on the Internet, User Content from other people could offend you. Further, we do not guarantee that you will be able to edit or delete any User Content you have submitted. 

By submitting any User Content, you are promising us that you own all rights in your User Content, your User Content does not infringe on the rights of others, your User Content does not violate law, and your User Content is not in poor taste. 

You grant to us an irrevocable royalty-free license to copy, modify, publish and display your User Content, and to make, use and sell (and permit others to use) your User Content for any purpose (including, without limitation, to use your User Content on the Camp Quokka Platform). 

You agree not to post, upload, transmit, distribute, store, create or otherwise publish on or through the Camp Quokka Platform any of the following: 

• User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; 

• User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or that would otherwise create liability or violate any local, state, provincial, national or international law; 

• User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right, or any other right, of any party; 

• Unsolicited promotions, political campaigning or commercial messages (SPAM), or any chain messages or User Content designed to deceive or trick a user of the Camp Quokka Platform; 

• Private information of any third party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and 

• Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Camp Quokka Platform without Camp Quokka's express written consent. 

Camp Quokka takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Camp Quokka Platform. Camp Quokka will not be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter through the Camp Quokka Platform. Your use of the Camp Quokka Platform, including any Interactive Areas, is at your own risk. Enforcement of the User Content and conduct rules set forth in these Terms is solely at Camp Quokka's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the User Content will not contain any content that is prohibited by these rules. 

Unautherised activity

To be clear, we authorize your use of the Camp Quokka Platform only for Permitted Purposes. Any other use of the Camp Quokka Platform beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Service. This is because as between you and us, all rights in this Website remain our property. 

Unauthorized use of the Camp Quokka Platform may result in violation of various Australian and international copyright laws. Because we value our relationship with you, we want to give you examples of things to avoid. Unless you have written permission from us stating otherwise, you are not authorized to use the Camp Quokka Platform in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do): 

  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Camp Quokka Platform; 
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; 
  • To stalk, harass, or harm another individual; • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; 
  • To interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Camp Quokka Platform or servers or networks connected to the Camp Quokka Platform or that could damage, disable, overburden or impair the functioning of the Camp Quokka Platform in any manner; 
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with the Camp Quokka Platform; 
  • To attempt to gain unauthorized access to any portion of the Camp Quokka Platform or any other accounts, computer systems, or networks connected to the Camp Quokka Platform, whether through hacking, password mining, or any other means; 
  • To use the Camp Quokka Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Camp Quokka Platform; 
  • To collect any personally identifiable information about other users (except as specifically authorized by Camp Quokka); 
  • To use the Camp Quokka Platform for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms or any other rules or policies established from time-to-time by Camp Quokka; 
  • To create an account, post any content, or otherwise use the Camp Quokka Platform if you are not at least 18 years of age (or the age of majority in your jurisdiction); 
  • To circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Camp Quokka Platform or users of the Camp Quokka Platform or third- parties; and 
  • To infringe upon or violate the rights of Camp Quokka, our users or any third party.
  • To scrape, hack, reverse engineer, compromise or impair theCamp Quokka Platform.
  • To use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with theCamp Quokka Platform.
  • To hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Camp Quokka Platform or Content.
  • To decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide theCamp Quokka Platform.
  • To take any action that could damage or adversely affect the performance or proper functioning of the Camp Quokka Platform.

Indemnification

You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold Camp Quokka, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys' fees, arising out of or related to your User Content, or the use thereof, including but not limited to allegations that any processing of your User Content by Camp Quokka and/or you violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party, your use of the Camp Quokka Platform, your violation of these Terms, or your violation of any law. 

Advertisements and promotions

Camp Quokka may run advertisements and promotions from third parties via the Camp Quokka Platform or may otherwise provide information about or links to third-party products or services via the Camp Quokka Platform. Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties. Camp Quokka is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of non-Camp Quokka advertisers or third-party information accessible via the Camp Quokka Platform. 

Intellectual property infringment

We respect the intellectual property rights of others and encourage you to do the same. It is Camp Quokka's policy, in appropriate circumstances and at its discretion, to remove User Content that violate the intellectual property rights of others, and/or disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. 

If you believe your copyright or other intellectual property right is being infringed by a user of the Camp Quokka Platform, please provide written notice to our Copyright Agent for notice of claims of infringement at copyright@Camp Quokka.com. 

To be sure the matter is handled immediately, your written notice must: 

  • Contain your physical or electronic signature; 
  • Identify the copyrighted work or other intellectual property alleged to have been infringed; 
  • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; 
  • Contain adequate information by which we can contact you (including postal address, telephone number, and email address); 
  • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; 
  • Contain a statement that the information in the written notice is accurate; and 
  • Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. 

Unless the notice pertains to copyright or other intellectual property infringement, the Copyright Agent will be unable to address the listed concern. 

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received take-down notice pursuant to the DMCA. In response, you may provide our Copyright Agent with a written counter-notification that includes the following information: 

  1. Your physical or electronic signature; 
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the Australian, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. 

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Camp Quokka Platform who is the subject of repeated DMCA or other infringement notifications. 

Warranty disclaimer

THE Camp Quokka PLATFORM IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE Camp Quokka PLATFORM IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE Camp Quokka PLATFORM, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE Camp Quokka PLATFORM IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Camp Quokka Platform will meet your requirements or that the Camp Quokka Platform will be uninterrupted, timely, secure, or error free or that defects in the Camp Quokka Platform will be corrected. We make no warranty as to the results that may be obtained from the use of the Camp Quokka Platform or as to the accuracy or reliability of any information obtained through the Camp Quokka Platform. No advice or information, whether oral or written, obtained by you through the Camp Quokka Platform or from us or our subsidiaries/other affiliated companies will create any warranty. We disclaim all equitable indemnities. 

Limitation of liability

Camp Quokka WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE Camp Quokka PLATFORM OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE Camp Quokka PLATFORM. IN NO EVENT WILL Camp Quokka BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. 

Camp Quokka'S MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OR THE Camp Quokka PLATFORM, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO Camp Quokka IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $100.00. 

Repeat infringer policy

In accordance with the applicable law, Camp Quokka has adopted a policy of terminating, in appropriate circumstances and at Camp Quokka's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Camp Quokka may also at our sole discretion limit access to the Camp Quokka Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 

General terms

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will likely tell you. We may even provide you with recommended necessary corrective action(s) if possible. However, certain violations of these Terms, as determined by us, may require immediate termination of your access to the Camp Quokka Platform without prior notice to you. Except as otherwise set forth in the dispute resolution provisions, if any of these Terms are deemed inconsistent with applicable law, then such term(s) will be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms, together with our Privacy Policy, contain the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Camp Quokka and you about the Camp Quokka Platform and its Camp Quokka Services. The rights of Camp Quokka under our Terms will survive the termination of our Terms. 

Ammendments to these terms

Your use of the Camp Quokka Platform is conditioned upon the version of these Terms in force at the time of your use. We reserve the right to change these Terms at any time and you waive any right you may have to receive specific notice of such changes or modifications. All changes to these Terms are effective immediately when we post them and apply to use of the Camp Quokka Platform thereafter. If you continue to access or use the Camp Quokka Platform following our posting of any changes to these Terms, we will consider that you have accepted the changes. Therefore, you must regularly review these Terms to ensure you understand the terms and conditions that apply to your access and use of the Camp Quokka Platform. If you do not agree to the changed Terms, you must stop accessing or using the Camp Quokka Platform. Camp Quokka reserves the right to change any and all features of the Camp Quokka Platform, at any time without notice. 

We also recommend you regularly update to the most recent version of our Application, including mobile applications, to allow you to take advantage of new functionality and to ensure you have access to the most recent Terms of Service and promotional offer terms (changes thereto aren't viewable until you update the Application). You recognize that changes to the Terms of Service and/or promotional offers may occur and that you will be bound to these changes, notwithstanding the fact that you were not aware of them due to your failure to update the Application. Your use of the Application, and failure to update to the most recent version, constitutes your agreement that Camp Quokka shall have no liability to you, and you release Camp Quokka, and its parent, officers, directors, employees and agents, from and against any liability, for any changes to the Terms of Service or promotional offers which were available but that which you were not aware of due to your failure to update the Application. 

Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable by a court or tribunal of competition jurisdiction, the remaining provisions shall remain in full force. 

Contact us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at info@campquokka.com.