Campanda Inc. Terms of Service
Last Updated: July 13, 2017
The Company reserves the right to update these Terms and any other legal policies at any time, at the sole discretion of the Company, with or without notice to you. Any modification or updates to our legal policies will be posted on the Site and will take effect immediately. Your continued use and access to the Site, App and/or Services indicates that you agree to any and all modifications to our legal policies and acknowledge you will be bound to the terms contained therein.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. The terms “We,” “our” and “us” refer to Campanda.
Certain Special Rental Conditions
In addition to these Terms and, depending on the RV, certain special rental conditions specified by an Owner will apply to a Renter of such Owner’s RV (the “Special Rental Conditions”). The Special Rental Conditions of the individual offer must be agreed to before the Renter makes a binding booking. In the case of conflict between these Terms and the Special Rental Conditions, the individual provisions of the Special Rental Conditions prevail (except to the extent that such Special Rental Conditions would result in the Company having any obligation or incurring any liability not provided for in these Terms). For clarity’s sake, Special Rental Conditions do not apply to the Company and do not bind the Company in any way.
The Company is not and does not hold itself out to be a party to rental agreements between an Owner and a Renter. The Company does not endorse or hold itself out to endorse any users of the Site, App, Services or Platform, whether Owners or Renters. The Company does not have control over the conduct of Owners and/or Renters or any others that may use the Site, App, Services, or Platform. The Company expressly disclaims all liability in regard to the above. Accordingly, Owners, Renters, Members and Other Users are using the Site, App, Services and/or Platform on their own behalf and at their own risk.
“RV” mean a recreational vehicle, motorhome or trailer.
“Company Content” means all Content that the Company makes available through the Site, App, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and the Company Content.
“Content” means text, graphics, images, music, software (excluding the App and the Platform), audio, video, information and any other content or materials.
“Renter” means a Member who requests a booking of an RV via the Services, or a Member who uses an RV and is not the Owner of such RV.
“Owner” means a Member who creates a Listing via the Services.
“Listing” means the listing of an RV as available for rent via the Services.
“Members” means persons who complete the Company’s account registration process, including, but not limited to Owners and Renters, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.
“Other User” means any user of the Site, App and/or Platform who has not created an account on the Platform.
“Platform” means the proprietary online platform owned and operated by the Company on which owners of RVs can list their RVs for rent and other Members can book and rent such RVs.
“Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
The Company is in the business of connecting Owners to Renters so that Renters may rent Owners’ RVs for a period of time at a price negotiated by such parties. Owners and Renters may engage the Company to provide additional Services through the Company’s Platform. The Services are intended to be used to facilitate the booking of RVs.
If you are a Renter that is at least 25 years of age that books an Eligible RV (as defined below), you will be automatically enrolled in RV Rental Insurance underwritten by Allianz (the “Provided Insurance”). “Eligible RVs” are less than 25 years old, privately registered and otherwise meet the underwriting requirements of Allianz. Eligible RVs will be indicated on the Site as meeting applicable insurance requirements. The cost of Provided Insurance will be included in the applicable rental fee. Provided Insurance will cover accidents in which the Renter or an authorized driver is operating/occupying the Eligible RV, for the coverage provided in connection with the Provided Insurance and for which the Renter has paid the applicable premium. More information about the Provided Insurance can be found here.
Certain RVs will not be Eligible RVs (e.g. example RVs that are more than 25 years old, RV’s that are not currently insured by the owner, or RVs with commercial registrations). Renters of such RVs can either obtain insurance offered by or through the Owner, or, if applicable, through an extension of such Renter’s auto insurance policy.
Any and all forms provided by the Company, regardless of the nature of the contract, form, or documentation, are provided as a template and are not to be considered representation or prepared for either Owner or Renter on behalf of the Company.
Owners must be at least 21 years’ old to list an RV on the Platform. To rent an RV, you must be at least 25 years’ old and provide proof of a current, valid driver’s license. Any access or use of the Site, App or Services by anyone under those age restrictions is expressly prohibited. By utilizing the Site, App or Services, you warrant you are the requisite minimum age.
How Our Services Work
The Company offers Services for RV Owners and RV Renters. RV Owners may use the Company’s Platform to list their RVs for rent. Owners will receive quote requests, bookings or private messages from prospective renters through the Company’s Platform.
RV Renters may use the Platform to search for potential RV’s to rent from RV Owners. Renters may request a quote or contact the Owner via the Company’s Platform. You are not required to register as a Member to view Listings; however, if you wish to book an RV or create a Listing, you must first complete an account registration (see below).
As stated above, the Company provides a platform or marketplace with related technology for Renters and Owners to meet online and arrange for bookings of RVs. The Company is not an owner or operator of RVs, including, but not limited to, trailers, towables, campers, vans, coaches, or other RVs, nor is it a provider of RVs and the Company does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control RVs, or transportation services.
PLEASE NOTE THAT THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF RVS. THE COMPANY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY RVS. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RVS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.
To merely browse through the Listings on the Site or App, a person needs to agree with and comply with these Terms but does not need to create an account with the Company. However, in order to list an RV as available for rent, Owners must create an account with the Company and in order to book or rent an RV listed on the Site or App, Renters must create an account with the Company. Only account holders will be able to contact an RV Owner or request a quote.
Accounts may be created through third party accounts such as Facebook or Google, or, directly with the Company using a valid email address. The Company reserves the right to terminate an account at any time with or without notice to you.
The personal information provided during the registration process must be truthful and complete. You may not register on behalf of third parties, or to enter third-party details on the Site or App. Members shall promptly communicate any changes to their personal information to Campanda, or amend their personal information in their account on the Platform.
Following the successful registration, Campanda will create a user account which can be accessed with a username and password (the “Login Details”). The e-mail address which the person registered will generally serve as the username. Members may change the password at any time via the password-protected login section of the Platform.
Members agree to keep the Login Details secret and protect the details against unauthorized third party access. If a Member misplaces his or her Login Details or if the Member suspects or determined that such Member’s Login Details are being used by a third party, the Member shall immediately inform the Company of the same.
The Company may temporarily or permanently freeze a Member’s Login Details if the Member breaches these Terms, for example if the Member:
- provides false details during registration;
- discloses Login Details, especially the password, without authorization; and/or
- misuses the Platform;
and/or terminate Member’s account in the event of material or repeated breach of these Terms, for cause and without notice. Following the termination by the Company of a Member’s account, the Member may not re-register without the express prior approval of Campanda.
Additionally, the Company may temporarily or permanently freeze the RVs on offer for individual Renters, or the ability to rent RVs on the Platform, if the Renter materially breaches these Terms or repeatedly receives negative reviews from Owners after having rented an RV from them.
Owners may create a listing(s) for the RV(s) when they log into their account. By listing an RV, Owners are agreeing to provide true and accurate information and are representing that the information that they are providing is accurate, that the photos contained in the listing are actual photos of the RV being advertised, and that they are not misrepresenting their RV in any way through the listing. Notwithstanding the foregoing, Owners may use ‘stock images’ in their RV listings, provided that the use of such stock images is clearly disclosed in the applicable listing. Stock floorplan images are always acceptable.
The Company disclaims any responsibility for the accuracy of the information provided by Owners. The Company reserves the right to edit any portion of the listing including the content or the photos contained and provided in the listing, but is under no obligation to do so. Further, the Company reserves the right to terminate any listing, with or without notice to you, either temporarily or permanently, if the Company believes that any of the Content provided in the listing is inaccurate and/or misrepresent the RV in any way.
Owner acknowledges and agrees that (i) any listing created by Owner on the Site may also be listed on, and any Content provided in the listing may be uploaded to, any Affiliate Site, (ii) the listing may be translated into the local language of the Affiliate Site or the language in which the Affiliate Site is accessed, and (iii) any currency provided in such listing may be translated to the local currency of the Affiliate Site.
Accuracy of Information
Although these Terms require Owners and Renters to provide accurate information, the Company is under no obligation to confirm any party’s purported identity or other information provided by such party. It is your sole responsibility to determine the identity and suitability of others who you contact via the Platform. Except as expressly provided in these Terms, we will not be responsible for any damage or harm resulting from your interactions with any party through this website or the Services.
By using the Site, App, Services and/or Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other parties or other third parties will be limited to a claim against the particular party or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from the Company with respect to such actions or omissions. This limitation shall not apply to any claim by an RV Owner against the Company regarding the remittance of payments received from a RV Renter by the Company on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Booking and Financial Terms
Booking the rental of an RV on Campanda is easy. To begin the rental process, the potential Renter makes an inquiry via the Platform to an Owner about a specific RV. The Owner then has  hours to make an offer to the potential Renter via the Platform to rent the RV specified in the inquiry. Once the potential Renter receives the offer he or she has 48 hours to book the rental via the Platform. If no response is received by the Owner to the offer within 48 hours, the offer will expire. More details on our booking policy and financial terms can be found here.
Fees and Payment
Owner Fee Policy
An Owner may use the Platform and upload Listings to the Platform free of charge.
The Owner is obligated to pay a commission to the Company if a booking is finalized. Commissions are a percentage of the total rental fee minus insurance, roadside assistance and taxes. Current commission percentages and additional commission information can be found here.
In addition to the rental fee, other fees may apply in the event that the Renter and/or the Owner do not comply with agreed upon specifications. Failure to charge any of such fees shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time. Examples of such fees are set forth below with links to the applicable policies:
Booking the RV on the Platform is a binding transaction. If a Renter wishes to change details of the booking after having finalized the booking, or even cancel the booking, the Renter must immediately contact the Owner as well as the Company by e-mail sent to [Support@campanda.com]. The Company will only process change requests or cancelations if both rental parties (the Renter and the Owner) agree to the change in writing. Campanda reserves the right to charge a fixed processing fee in the amount of $75.00 to the Renter for cancellation.
Cancelations by the Renter will result in fixed cancelation charges unless otherwise agreed in the Special Rental Conditions. The following fixed cancelation charges shall be payable by the Renter to the Owner if the Renter cancels the rental agreement:
- For cancellations requested at least 30 days before the start of the rental: a full refund is provided. A $75 cancellation processing fee will be applied.
- For cancellations requested 16-29 days before the start of the rental: 25% of the total rental fee. A $75 cancellation processing fee will be applied.
- For cancellations requested 7-15 days before the start of the rental: 75% of the total rental fee. A $75 cancellation processing fee will be applied.
- For cancellations requested less than 7 days before the start of the rental: 100% of the total rental fee.
All cleaning fees are refunded to the Renter if the Renter does not use the RV. Any and all fees that are collected by the Company are non-refundable.
In the event that an Owner cancels a booking, payments made by Renter in respect of such booking via the Platform will be reimbursed.
In the event that a Renter initiates a Chargeback with their credit card company, for either Rental Fees, the Company will inform the Owner that a Chargeback has been initiated. If the Company deems that the Chargeback is not warranted, the Company will use commercially reasonable efforts to dispute the validity of the Chargeback on the Owner’s behalf. Owner agrees to cooperate with the Company and to provide any information that may be reasonably requested by the Company in its investigation. You authorize the Company to share information about a Chargeback with the Renter, the Renter’s financial institution, and Owner’s financial institution in order to investigate or mediate a Chargeback. In the event that a Chargeback dispute is lost but the funds have been paid to the Owner, the Company is authorized, without notice, to recapture such amount or to withhold such amount from any payment due to Owner now or in the future. Owner acknowledges that this is because when the Company receives a chargeback order, the funds are automatically debited from the Company’s account. Owner acknowledges that chargeback decisions are made by the applicable issuing bank, Card Networks, or NACHA and all judgments as to the validity of the chargeback are made at the sole discretion of the applicable issuing bank, Card Networks, or NACHA.
Insurance Premium Chargebacks
Renter agrees that the Company’s insurance provider, Allianz may charge their payment method for the full premium amount related to a rental booked through the Company. Renter also agrees that premium is fully earned and non-refundable once Renter has taken possession of the covered RV.
In the event that a Renter initiates a Chargeback with their credit card company for the insurance premium charge, Allianz will use commercially reasonable efforts to dispute the validity of the Chargeback.
Owner and Renter agree to cooperate with Allianz and to provide any information that may be reasonably requested by Allianz in its investigation. Owner and Renter authorize Allianz to share information about a Chargeback with the Company, the Renter, the Renter’s financial institution, the Owner, and Owner’s financial institution in order to investigate or mediate a Chargeback.
Renter and Owner acknowledge that chargeback decisions are made by the applicable issuing bank, Card Networks, or NACHA and all judgments as to the validity of the chargeback are made at the sole discretion of the applicable issuing bank, Card Networks, or NACHA.
Owner understands and agrees that he or she is responsible for determining his or her Tax reporting requirements in consultation with his or her Tax advisors. The Company does not offer Tax-related advice to any users of the Site, App, Services or Platform. Additionally, each Owner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
Reservation of Rights
The Company expressly reserves all rights in the Site, App, Services, Platform and all other materials provided by the Company hereunder not specifically granted to Party. It is acknowledged that all right, title and interest in the Site, App, Services, Platform and all other materials provided by the Company hereunder, any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with the Company (or third party suppliers, if applicable) and that the Site, App, Services, Platform and all other materials provided by the Company hereunder are licensed on a services subscription basis and not “sold” to the Owner or Renter.
Names, logos, and other materials displayed on the Site, App, Services, Platform constitute trademarks, tradenames, service marks or logos (“Marks”) of the Company or other entities. Owner and Renter are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with the Company or those other entities. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms.
Confidential and Proprietary Information
To the extent Confidential Information is disclosed, the Company, Owner and Renter shall protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care, and shall not use or disclose Confidential Information to anyone except as required by law. Upon termination of the Contract, each party shall return all confidential information to its rightful owner as promptly as possible.
These Terms do not give Owner or Renter any rights in the Company’s intellectual property or technology. The Company and related trademarks and logos are the exclusive property of the Company. Owner and Renter agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the Company.
Disclaimer of Warranty
The Site, App, Services and Platform are provided on an “as is, as available” basis. The Company does not make any warranties that the Site, App, Services or Platform will be successful or error free; nor does it make any warranties as to the results that may be obtained from the purchase of the Services as to accuracy, reliability or content of any information, services or merchandise contained in or provided through the Services.
THE COMPANY IS NOT LIABLE AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM AN OWNER OR RENTER. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY EMPLOYEE OR AGENT OF THE COMPANY, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
The Company represents and warrants to Owners and Renters that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; and (b) in compliance in all material respects with the applicable Service descriptions prepared by the Company.
The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of the Company’s reasonable control; (b) that resulted from any actions or inactions of Owner, Renter or any third parties; or (c) that resulted from Owner’s equipment or any third-party equipment not within the sole control the Company. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY OFFER PROVIDED PURSUANT TO THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO OWNER OR RENTER HEREUNDER IS PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. THE COMPANNY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED BELOW, THE COMPANY SHALL NOT BE LIABLE IN ANY WAY TO THE OWNER, RENTER OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES, OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY SERVICE, OR FOR ANY CLAIM AGAINST THE OWNER OR RENTER BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other theory (including strict liability), other than claims based on intentional fraud or willful misconduct.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE COMPANY’S MAXIMUM LIABILITY UNDER THESE TERMS FOR ALL DAMAGES, LOSSES, COSTS AND CAUSES OF ACTIONS FROM ANY AND ALL CLAIMS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, QUASI-CONTRACT, STATUTORY OR OTHERWISE) SHALL NOT EXCEED THE ACTUAL DOLLAR AMOUNT PAID BY THE OWNER OR RENTER TO THE COMPANY IN RESPECT OF THE RENTAL WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with these Terms. The provisions of this section shall survive any termination of these Terms.
Each Member, Owner, Renter and Other User agrees to indemnify, defend and hold harmless the Company and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to the use of the Site, App, Services or Platform, (ii) any breach of any representation, warranty or covenant of the Company contained in these Terms or (iii) any acts or omissions of the Company. The terms of this section shall survive any termination of these Terms.
Waiver of Jury Trial
Each Member, Owner, Renter, Other User and the Company hereby waives all respective rights to a jury trial of any claim or cause of action related to or arising out of these Terms. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. Each Member, Owner, Renter and Other User and the Company each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have counsel review these Terms and this waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.
The Company will terminate the privileges of any person who uses the Site, the App or the Platform to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, Members who submit Content to the Site or the App, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). More information about our copyright policy, including how to request that copyrighted material be taken down from the Platform, is set forth here.
The Site may automatically produce search results that reference or link to third party sites throughout the global Internet. The Company has no control over these third party sites or the content within them. The Company cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. The Company does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against the Company for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us, and we will investigate your claim and take any actions we deem appropriate at our sole discretion.
Limitations on Communications and Use of Other Members’ Information; No Spam
You agree that, with respect to other Members’ personal information that you obtain directly or indirectly from or through the Site, the App or the Platform or through any related communication, transaction or software, you have been granted a license to use such information only for communications related to the Services that are not unsolicited commercial messages. You may not use any such information for any unlawful purpose or with any unlawful intent. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Member, even an Owner who has rented an RV to you or a Renter who has rented an RV from you, to your mailing list (email or physical mail). You may not use any tool or service on the Site, App and/or Platform to send spam or unsolicited commercial electronic communications of any kind to any other Member.
Member Content and Feedback
From time to time, the Company, in its sole discretion, may permit Members to post, upload, publish, submit, or transmit Member Content.
By making available any Member Content on or through the Site, App, the Platform and/or Services, you hereby grant to the Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through or by means of the Site, App, Platform, Services or otherwise. This includes without limitation the right to use the Member Content for the purposes of online and offline promotion, to make the Member Content generally accessible, to send, to process and to publicly disclose the Member Content on third-party websites. This also includes the right to use the Member Content in connection with other marketing tools such as newsfeeds (of various format) and other push or pull services.
You acknowledge and agree that you are solely responsible for all Member Content that you make available on, through or by means of the Site, App, Platform or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all such Member Content or you have all rights, licenses, consents and releases that are necessary to grant to the Company the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or the Company’s use of the Member Content (or any portion thereof) on, through or by means of the Site, App, Services, Platform or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We want to hear what you have to say about the Company whether good or bad and encourage all Members and Other Users to provide feedback, comments, and suggestions (“Feedback”) to us at any time. You may send us Feedback at [Support@campanda.com]. You acknowledge and agree that all Feedback will be the sole and exclusive property of the Company and you hereby irrevocably assign to the Company all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At the Company’s request and expense, you will execute documents and take such further acts as the Company may reasonably request to assist the Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Rules for Posting Offers, Comments and Reviews
Owners may add rental offers, descriptions, but also comments and reviews on specific RVs or experiences with Renters on the Platform. Renters may add reviews of specific RVs or experiences with Owners on the Platform. Campanda, as the Platform operator, cannot and will not proactively examine this Member Content for potential improprieties. Therefore, Members are required to comply with the following rules:
- Owners must ensure that the information uploaded is complete, truthful and always current in relation to their rental offers. Moreover, Owners must ensure that the Vehicle offered is available during the stated date range and that it complies with applicable law. Owners are responsible for checking the information after it has been uploaded to the Platform and correcting any inaccuracies. The Company will not be liable for incorrect or incomplete information uploaded by an Owner.
- The Platform may not be used to harass or defame other Members.
- Reviews and comments must be issued for the purpose of exchanging experiences. The Platform’s review and comment functionality may not be used for commercial and/or business purposes. This refers in particular to a personal opinion disguised as a “comment”, or a promotional activity in which any form of merchandise or services is offered in return for payment.
- Members and Other Users must not apply any automated or manual procedures by which the data on the Platform can be read, saved, processed, modified, forwarded or misused in any other form or manner. Members and Other Users may not intercept e-mails/messages or hack the profiles of other Members.
- Members may not publish, send or forward in any other manner personal information of other Members (e.g. names, phone numbers, e-mail addresses) unless such other Member expressly approves of this.
- Members and Other Users may not download viruses, Trojans and respective scripts or programs or similar malware onto the Platform, or send spam e-mails / spam messages.
- Members and Other Users may not upload any illegal Member Content in any form or manner to the Platform.
The following may not be uploaded to the Platform:
- Content that is insulting, defamatory or otherwise malicious and/or of racial or xenophobic nature;
- Content that breaches the right of third parties to their own image (e.g. photos which show individuals who did not consent to their likeness being shown on the Platform);
- Content that violates trademark laws (trademarks, company logos, titles) or other industrial property rights (e.g. design rights or patents) of third parties (e.g. product piracy);
- Content that violates items of third parties protected by copyrights and/or ancillary copyrights (e.g. pirated copies of music, movies and software); and/or
- Content that links to third-party Internet offers.
SMS Text Messages
The Company may send you SMS text messages reminding you about certain matters relating to the RV rental e.g. to confirm a booking or to submit a payment for a booking you have made. By creating a Listing or requesting a booking, you agree to receive such text messages.
Although text messages are complimentary, message and data rates may apply. Depending on your text plan, you may be charged by your carrier. By enrolling for the Services, you certify that you are 18 or older and that the mobile number provided belongs to you.
Opt Out. To stop receiving text messages, please email the Company at [firstname.lastname@example.org]. After doing so, you will receive a text message confirmation of your opt-out, and thereafter, you will no longer receive text messages to your mobile number.
Opt Back In. You can start receiving reminder text messages again by emailing a request to the Company at email@example.com.
Text messages are not compatible with all cell phone models. The Company is not responsible for any delays in sending or receiving text messages.
Independent Contractor. The Company, Owner and Renter are independent contractors and, except as expressly provided herein, nothing contained in these Terms places any of such parties in the relationship of principal and agent, master and servant, partners or joint ventures. No party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of any other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to these Terms, the formation of this contract or the breach of these Terms, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of The Commonwealth of Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Any suit, action or proceeding concerning these Terms must be brought in a state or federal court located in Suffolk County, Massachusetts. EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Headings. The headings herein are for convenience only and are not part of these Terms.
Amendments. These Terms may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms may be modified from time to time by the Company in its sole discretion, which modifications will be effective upon posting to the Site or on any subsequent date as may be set forth in any required notice provided by us in connection therewith.
Severability. All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Notices. All notices and demands required or contemplated hereunder by one party to any other shall be delivered via the Platform. Any Owner or Renter may change its email address by updating such Owner’s or Renter’s account registration details. The Company may give written notice to an Owner or Renter via the Platform.
Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of these Terms shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; Successors. No Member, Owner, Renter or Other User may assign or transfer these Terms or any of its rights or obligations hereunder, without the prior written consent of the Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. The Company may assign its rights and obligations under these Terms, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of any other party. These Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Limitation of Actions. No action, regardless of form, arising by reason of or in connection with these Terms may be brought by either party more than two years after the cause of action has arisen.
Violation of the Terms. You understand and agree that in the sole discretion of the Company and without prior notice, the Company may terminate your access to the Site, cancel your order or exercise any other remedy available and remove any unauthorized Member Content, if the Company believes that the Member Content you provided has violated or is inconsistent with these Terms or violates the rights of the Company, any other Member, any Other User or applicable law. You agree that monetary damages may not provide a sufficient remedy to the Company for violations of these Terms and you consent to injunctive or other equitable relief for such violations. The Company may release information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. The Company is not required to provide any refund to your account is terminated because you have violated these Terms.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED USE OF THE SITE, APP, PLATFORM AND/OR SERVICES CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THESE TERMS THAT MAY BE POSTED ON THE SITE.