Terms of Service

CampGenie is an artificial intelligence travel planning and inspiration tool operated by Camp Genie Pty Ltd ACN 700 124 321, which helps you find campsites and build trips for travel within Australia. These Terms govern your use of the Services, which include the CampGenie website and application, and related services and features, including any Trips, Outputs, filters and recommendations generated for you and any feature made available as a beta or test version.

You can contact us in respect of any matters regarding these Terms, our Privacy Policy or the CampGenie services generally, using the contact information at the end of these Terms.

1a These Terms form a legally binding agreement between you and Camp Genie Pty Ltd ACN 700 124 321 ("CampGenie", "we", "us", "our") and govern your use of the Services.

1b You agree to be bound by these Terms:

• (i) if you create an Account; or
• (ii) if you do not create an Account but access and use the Services, at the time of accessing and using the Services or any of its features.

1c In order to use the Services you must be at least 18 years of age and have full legal capacity to agree to be bound by these Terms.

2a We may make the Service, or any feature of the Service, available to you as a beta or test version during the Beta Period.

2b You acknowledge that a beta version is a test version only, is made available for evaluation and feedback purposes, and may be incomplete or unstable, may contain errors, and may change or be withdrawn without notice.

2c We will not charge you Fees for access to the Service during the Beta Period, unless we tell you the amount of a Fee before you incur it.

2d We may end the Beta Period, or discontinue or change any beta version or beta feature, at any time and for any reason, by giving you notice by email or within the Service.

2e When the Beta Period ends, your continued access to the Service may require you to take out a paid subscription or otherwise establish a paid Account on the terms then applicable, and if you do not do so your access to the Service may cease.

2f We do not guarantee that any Trip, Output, Your Content or other data created or stored during the Beta Period will be available, migrated or retained after the Beta Period ends or after you transition to a paid subscription or Account, and to the maximum extent permitted by Law we are not liable for any Loss arising from that data not being available.

3.1 Eligibility

3.1a In order to create an Account you must:

• (i) be at least 18 years of age; and
• (ii) have full legal capacity to enter into these Terms.

3.1b You agree that you must not:

• (i) register more than one Account;
• (ii) create an Account on behalf of any other person;
• (iii) use another person’s sign in credentials to create an Account; or
• (iv) use your Account for any commercial purpose.

3.2 Creation

3.2a In order to create an Account, we may require you to provide information such as your:

• (i) full name; and
• (ii) email address.

3.2b You warrant that all information that you provide to us will be true and accurate.

3.2c We may also require that you create an account by signing into our Services through the use of a third-party sign-in provider, such as Google, Apple or Meta (Third Party Sign-In).

3.2d Where we require you to use Third Party Sign-In to create an Account, you acknowledge:

• (i) we do not create or store a password for you;
• (ii) your use of the Third Party Sign-In provider's services is governed by that provider, and we are not responsible for it; and
• (iii) if you lose access to the sign-in account of the Third Party Sign-In provider that you used to register your Account, you may lose access to your Account and to your saved Trips, as well as any other data stored in your Account.

3.3 Security

3.3a You are responsible for keeping your Account secure and for all activity and purchases that are made through your Account.

3.3b You acknowledge that you must:

• (i) never share your password or sign-in credentials with any other party;
• (ii) not allow any other person to access or use your Account;
• (iii) immediately inform us if you become aware or suspect that any other person has accessed your Account; and
• (iv) cooperate fully with us to remedy any breach or unauthorised access to your Account.

4.1 General

4.1a You acknowledge that CampGenie is intended to be used only as a planning and inspiration tool for travel within Australia. CampGenie uses artificial intelligence, together with Third Party Service data and publicly available data, to generate Output based on the information you give us. In those circumstances you acknowledge that:

• (i) the Service relies on what you tell it, and inaccurate information will produce unsuitable and potentially unsafe suggestions;
• (ii) Trips and Outputs are generated automatically and the information provided may be inaccurate, incomplete or out of date, including in ways that appear plausible and confident;
• (iii) information that you provide to CampGenie in using the Services, including Personal Information, may be input into large language models, and such information will be dealt with in accordance with our Privacy Policy.

4.1b You acknowledge with respect to the Outputs and any Trips generated through use of the Services that we expressly do not warrant that:

• (i) any campsite exists, is open, is operating, or is accepting visitors;
• (ii) any campsite has the facilities, access, fees, permits, size limits or amenities described;
• (iii) any campsite is available on your dates, or can be booked at all;
• (iv) any campsite is safe or free from hazards, including environmental hazards such as bushfires or flooding, or hazards caused by wildlife, flora or fauna;
• (v) any road, track or route is open, safe, trafficable, or suitable for your vehicle, caravan or rig;
• (vi) any drive time, distance or arrival estimate is accurate, or accounts for traffic, terrain, weather, roadworks, closures, towing, or your actual driving conditions; and
• (vii) any suggestion complies with current park rules, permit requirements, seasonal closures, fire restrictions, access conditions or local laws.

4.1c You acknowledge that:

• (i) we do not check availability, hold sites, make bookings, or take payment for accommodation;
• (ii) we are not responsible if any accommodation provider cancels, alters or amends any booking that you have made with them;
• (iii) all bookings are between you and the operator or booking platform concerned;
• (iv) the inclusion of any campsite or accommodation in any Output or Trip is not an endorsement, approval or recommendation by us of the campsite or accommodation;
• (v) where the Service takes into account drive time, vehicle or rig dimensions, road type or similar constraints, it does so as a convenience based on the information you provide and on Third Party Service data. They are not a safety assessment and not a certification that a route or site is suitable for you; and
• (vi) CampGenie is not a navigation system, and is not a travel agent, tour operator, accommodation provider or booking service. It does not provide legal, financial, medical, safety or emergency advice. CampGenie should not be used for turn-by-turn directions or for any decision where accuracy and safety are critical.

4.2 Your Obligations

4.2a You are responsible for your own trip and for the safety of everyone travelling with you. Before and during your trip, you must independently verify anything that matters, including:

• (i) confirming directly with the operator or land manager that a site exists, is open, and can accommodate your vehicle and rig;
• (ii) making and confirming your own bookings and permits;
• (iii) checking road conditions and closures, park and reserve alerts including seasonal and cultural closures, and current fire, flood and severe weather warnings, with the relevant authority; and
• (iv) satisfying yourself that a route is suitable for your vehicle, your load, and your towing capability and experience.

4.2b You acknowledge that travel of the kind the Service is designed to help you plan carries inherent risks, including risks arising from remote or unsealed roads, weather, fire, flood, wildlife, mechanical failure, and the absence of mobile coverage or timely emergency assistance. You accept those risks. You are responsible for carrying appropriate emergency communications, water, fuel, food and equipment for your route.

4.2c The Service must not be relied on in an emergency. It is not a substitute for emergency services and it may be unavailable.

4.3 Acceptable Use

4.3a You agree with regard to the Services that you must not:

• (i) use the Service unlawfully, or in a way that infringes anyone else’s rights;
• (ii) scrape, crawl, harvest or bulk-extract data from the Service, or access it by automated means, without our written permission;
• (iii) copy, resell, sub-licence or commercially exploit the Service or the Output, or use it to build, train or improve a competing product or model;
• (iv) reverse engineer or attempt to derive the source code or underlying models of the Service, except where this restriction cannot lawfully be imposed;
• (v) interfere with the security of the Service, or attempt to access it on another user’s account without authorisation;
• (vi) attempt to manipulate the Service into producing unlawful, harmful or offensive material, or into disclosing our underlying instructions or another user’s information;
• (vii) circumvent fair use limits, or use the Service in a way that materially degrades it for others;
• (viii) use the Service to plan, facilitate or carry out any unlawful activity, including unlawful camping, trespass, or entry onto restricted, closed or private land; or
• (ix) use the Service in a way that breaches the acceptable use or usage policies of our AI Providers or of any other Third Party Service, as notified to you within the Service or in our Privacy Policy.

4.3b You agree that you must not use the Services for any commercial purpose, including selling or sharing access to Trips and other Outputs generated through use of the Services.

5.1 Fees

5.1a We may charge Fees for access to the Service, and for access to particular features of the Service that can be purchased through your Account.

5.1b Where access to the Service is subject to a subscription, we will tell you the amount of the Fee for the subscription, and the billing period for the subscription, at the time you create your Account.

5.1c Where a feature of the Service is a paid feature, we will tell you the amount of the Fee for that feature immediately before you request to purchase that feature.

5.1d All Fees are stated in Australian dollars and are exclusive of GST unless we state otherwise.

5.1e Where any subscription, whether for access to the Services or a particular feature of the Services, renews automatically, we will give you notice of the impending renewal at least seven (7) days prior to the relevant renewal taking effect.

5.2 Fee Variation

5.2a You acknowledge that we may from time to time vary our Fees.

5.2b Where we are increasing our Fees:

• (i) we will provide you at least fourteen (14) days’ notice of the proposed Fee increase; and
• (ii) the adjusted Fees will not take effect before the start of your next billing period.

5.2c If you do not agree to a Fee variation, you may terminate your subscription without penalty, in accordance with clause 9.1. Any such termination will not take effect until the expiry of your then current billing period.

5.3 Payment Authority

5.3a You authorise us and our payment processor to charge the payment method you give us for any Fee you have agreed to pay.

5.3b You must keep your payment details current. We do not store your full payment card details. Payment is processed by a third-party payment processor and is subject to that processor's terms, and we are not responsible for the acts or omissions of that processor.

5.3c If a payment fails or is reversed, we may suspend your Account until the amount owing is paid.

6a Nothing in these Terms assigns ownership of any Intellectual Property Rights in Your Content from you to us.

6b You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process and adapt Your Content, and to sub-licence those rights to our service providers and AI Providers to the extent necessary, for the purposes of providing and improving our Services.

6c We own, or are licensed to use, the Service and everything in it, including the software, design, content, data compilations, the CampGenie name and logo, and all associated Intellectual Property Rights. We grant you a limited, personal, non-transferable, revocable licence to use the Service in accordance with these Terms.

6d The Service allows you to share a Trip using a Share Link. You acknowledge and agree that:

• (i) any person who holds a Share Link can view that Trip, including its campsites, route and title, without signing in;
• (ii) a Share Link is an unlisted address and not an access control, and a person you send it to is able to forward it to anyone else;
• (iii) you are solely responsible for who you send a Share Link to, and for the consequences of doing so;
• (iv) you may revoke a Share Link at any time within the Service, which stops it working, but we cannot recall any copy of the Trip that a recipient has already taken; and
• (v) to the maximum extent permitted by Law, we are not liable for any Loss arising from the disclosure or onward disclosure of a Trip by a person who holds a Share Link.

6e If you give us feedback, suggestions or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them for any purpose. We are not obliged to act on, keep confidential, or pay you for any feedback.

7a The Service relies on Third Party Services, and may display information about or links to them. We do not control them, do not endorse them, and are not responsible for their accuracy, availability or conduct.

7b Your use of the Service is also subject to terms that our Third Party Service providers require us to pass on to you, including:

• (i) where the Service uses Google mapping, places or routing data, the Google Maps and Google Earth Additional Terms of Service and the Google Privacy Policy;
• (ii) where the Service uses HERE mapping, places or routing data, the applicable HERE end user terms; and
• (iii) the acceptable use and usage policies of our AI Providers.

7c Where we list additional Third Party Service provider terms that we require you to agree to:

• (i) we will provide you with at least fourteen (14) days’ notice of the new Third Party Service terms, which will be incorporated into these Terms by reference;
• (ii) you must notify us in writing prior to the new Third Party Service terms becoming effective if you do not agree to be bound by the relevant terms; and
• (iii) you acknowledge that if you do not agree to the Third Party Service terms, we may be unable to continue providing you with access to the Services, in which case either party may terminate these Terms by notice (including through the Services or by email), effective from the date the Third Party Service terms are to take effect.

7d We may refer or recommend campsites, suppliers, booking platforms and other Third Party Service providers to you through the Services, including in any Output. You acknowledge and agree that:

• (i) we may receive fees, commissions, referral payments or other benefits from a third party where you click a link, make an enquiry, make a booking or otherwise transact with that third party as a result of a referral or recommendation made through the Services, and we are entitled to retain those amounts for our own benefit;
• (ii) a referral or recommendation is not an endorsement, recommendation of suitability or advice. You should make your own enquiries before dealing with any third party; and
• (iii) any contract you enter into with a third party is solely between you and that third party. We are not a party to it and are not liable for the goods, services, conduct, pricing, availability or cancellation policies of that third party.

8a We collect, hold, use and disclose Personal Information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and our Privacy Policy, which forms part of these Terms.

8b By using the Service, you consent to the collection, use, disclosure and processing of your Personal Information as set out in our Privacy Policy.

8c While we take all reasonable care, we do not warrant that the Service, or any information you transmit to us, is or will remain secure, and to the maximum extent permitted by Law we are not liable for unauthorised access to or disclosure of information that is caused by matters outside our reasonable control.

8d You warrant that you will not provide us with, or enter into the Service, any Personal Information about another person unless you have the licence and authority to do so, and you must not enter sensitive information within the meaning of the Privacy Act 1988 (Cth).

8e Without limiting any other provision of these Terms, you expressly indemnify us against any Claim or Loss that we suffer or incur as a consequence of your breach of clause 8d.

9.1 Termination for Convenience

9.1a You may terminate any subscription you have to the Services at any time, either by notice in writing to us or by using any functionality provided for that purpose within the Service.

9.1b Termination pursuant to 9.1a will take effect from the end of your then current billing period.

9.1c We may terminate your subscription for convenience by giving you thirty (30) days' notice, with termination taking effect from the end of the billing period in which that thirty (30) day period ends. Termination of a subscription does not delete your Account, and deleting your Account does not of itself cancel a subscription you took out through a third party app store. You must cancel that subscription with the app store directly.

9.1d You may ask us to delete your Account and any associated data at any time. Termination of a subscription is not itself a request for deletion, and a deletion request must be made separately, either by notice in writing to us or by using any functionality provided for that purpose within the Service.

9.1e We will delete your Account and any associated data within thirty (30) days after we receive your request pursuant to 9.1d. You acknowledge that we may decline to action, or defer actioning, any termination or deletion request where we reasonably consider it necessary to verify the details, email address or Account from which the request was received, and we may confirm the request with you before we act on it.

9.2 Termination for Breach

9.2a Either party may terminate these Terms, and any subscription then in force, by notice in writing to the other party where the other party is in breach of these Terms and has not remedied that breach within fourteen (14) days after receiving notice in writing specifying the breach and requiring it to be remedied.

9.2b Where a breach of these Terms is not capable of remedy, the party not in breach may terminate these Terms, and any subscription then in force, immediately by notice in writing to the other party.

9.3 Effect of Termination

9.3a On termination of these Terms or of any subscription, or on deletion of your Account, you may continue to use any Output you obtained through the Service before termination, for your own personal and non-commercial use.

9.3b For the avoidance of doubt, nothing in this clause 9.3 permits you to sell, licence, publish, distribute, share or otherwise provide any Output to any third party, or to use any Output for any commercial purpose or to build, train or improve any competing product or model, and clause 4.3 continues to apply to any Output you retain.

9.3c Except where the ACL or another Law requires otherwise, Fees already paid are not refundable, including where you terminate a subscription part way through a billing period, or where we terminate your access under clause 9.

10a Our goods and services come with guarantees that cannot be excluded under the ACL. Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee, warranty or condition implied or imposed by Law which cannot lawfully be excluded or limited.

10b Where the ACL permits us to limit our liability for a failure to comply with a consumer guarantee in relation to services, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

10c Subject to clauses 10a, 10b and 10d, and to the maximum extent permitted by Law:

• (i) the Service and all Outputs are provided on an "as is" and "as available" basis, without warranties of any kind;
• (ii) we are not liable for loss or damage arising from your reliance on any suggestion, route, campsite, drive time, availability, facility or other Output; and
• (iii) we are not liable for any indirect or consequential loss, or for loss of profit, loss of opportunity, loss of data, or costs of alternative travel or accommodation.

10d You acknowledge and agree that, to the maximum extent permitted by Law, our total aggregate liability to you in connection with the Service and these Terms is limited to the greater of:

• (i) the total Fees you have paid to us in the 12 months before the event giving rise to the liability;
• (ii) the proceeds of any policy of insurance that we are entitled to, and do actually receive, in respect of the event giving rise to the liability; and
• (iii) one hundred Australian dollars (AUD $100).

10e Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation by us, or for any other liability that cannot lawfully be excluded or limited.

11.1 Your Indemnity

11.1a To the extent permitted by Law, you indemnify us and our officers, employees and agents against any Claim or Loss arising out of or in connection with:

• (i) your breach of these Terms;
• (ii) your breach of any Law;
• (iii) Your Content, including any Claim that Your Content infringes the Intellectual Property Rights or the privacy of any person;
• (iv) any use of the Service under your Account;
• (v) information you give us that is inaccurate, incomplete or misleading; and
• (vi) your acts or omissions on your trip, including any Claim brought against us by a person travelling with you, or by an operator or land manager.

11.1b This indemnity does not apply to the extent that the Claim or Loss is caused by our breach of these Terms, our negligence or our fraud, and it is reduced proportionately to the extent that we caused or contributed to the Claim or Loss.

11.2 Our Indemnity

11.2a To the extent permitted by Law, we indemnify you against any Claim or Loss that you suffer or incur to the extent that it is caused by:

• (i) our breach of these Terms;
• (ii) our gross negligence;
• (iii) our fraud; or
• (iv) our wilful misconduct.

11.2b This indemnity is reduced proportionately to the extent that you caused or contributed to the Claim or Loss, and does not apply to the extent that the Claim or Loss arises from your failure to take reasonable steps to mitigate it.

11.2c Our liability under this clause is subject to clause 10, other than in respect of any liability that cannot lawfully be excluded or limited.

12a If a dispute arises between us in connection with these Terms or the Service, the party claiming that the dispute exists must give the other written notice setting out the nature of the dispute and the outcome sought (a Dispute Notice).

12b Within 10 Business Days after a Dispute Notice is given, the parties must discuss the dispute in good faith, in person, by telephone or by videoconference, and try to resolve it.

12c If the dispute is not resolved within 20 Business Days after the Dispute Notice is given, or within any longer period the parties agree in writing, either party may refer it to mediation administered by the Resolution Institute in accordance with its mediation rules. The mediator will be agreed between the parties or, failing agreement, appointed by the Resolution Institute. The parties must participate in the mediation in good faith, and will share the mediator's costs equally unless they agree otherwise.

12d Neither party may start court proceedings in relation to a dispute until it has complied with clauses 12a to 12c, except that either party may at any time seek urgent injunctive or other equitable relief from a court, or take any step necessary to preserve a right that would otherwise be lost through the expiry of a limitation period.

13a We may update these Terms from time to time, including as we introduce new features.

13b If we make a material change, we will give you reasonable notice by email or within the Service before it takes effect, and we may ask you to accept the updated Terms before you continue using the Service.

13c If you do not accept an update, you may stop using the Service and ask us to delete your Account under clause 9.1d. Continuing to use the Service after an update takes effect means you accept it.

14a These Terms are governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of that State and courts able to hear appeals from them.

14b If any part of these Terms is unenforceable, that part is severed and the rest continues to apply. A failure or delay by us in enforcing any part is not a waiver of our rights.

14c Neither party may assign or novate its rights or obligations under these Terms without the prior written consent of the other party, and neither party may unreasonably withhold or delay that consent. We may, however, assign or novate our rights and obligations under these Terms to any Related Body Corporate, or in connection with a bona fide sale or restructure of our business, without your consent and without further notice to you.

14d You consent to us disclosing and transferring your Personal Information and Your Content to a third party purchaser, and to a proposed purchaser and its professional advisers, in connection with a bona fide sale of our business, of the Service, or of any part of either, for the purpose of that purchaser continuing to provide the Service to you. You acknowledge that a purchaser may be located outside Australia.

14e Neither party is liable for any delay or failure to perform its obligations under these Terms to the extent that the delay or failure is caused by a Force Majeure Event. A party relying on this clause must notify the other party as soon as practicable, and must take reasonable steps to mitigate the effect of the event and to resume performance as soon as possible.

14f Nothing in these Terms creates a partnership, joint venture, employment, fiduciary or agency relationship between you and us. You have no authority to bind us or to make any representation on our behalf. These Terms confer rights only on you and us, and are not enforceable by any other person.

14g These Terms, together with our Privacy Policy and all other agreements expressly incorporated into these Terms by reference, are the entire agreement between you and us in relation to the Service, and supersede any earlier representation or understanding about it.

14h We may give you notices by email to the address recorded on your Account, or within the Service. A notice given by email is taken to be given when it is sent. You may give us notices under these Terms, including a Dispute Notice, by email to hello@campgenie.ai. A notice given by email is taken to be given when it is sent.

14i You consent to receiving communications from us electronically, and you agree that a communication given electronically satisfies any requirement of Law that the communication be in writing.

15.1 Definitions

In these Terms, the following expressions have the corresponding meanings:

• ACL means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• Account means the account you create in order to access and use the Service.
• AI Provider means a third party that supplies artificial intelligence models, or the infrastructure used to reach them, for the purpose of generating Output.
• Beta Period means the period during which we make the Service available as a beta service, ending on the date we notify under clause 2.
• Business Day means a day that is not a Saturday, Sunday or public holiday in Sydney, New South Wales.
• CampGenie, we, us and our mean Camp Genie Pty Ltd ACN 700 124 321.
• Claim means any claim, demand, action, proceeding or right of action, however arising, whether present or future and whether ascertained or contingent.
• Dispute Notice has the meaning given in clause 12a.
• Fees means any amount payable by you to us for access to or use of the Service or any part of it.
• Force Majeure Event means any event or circumstance beyond the reasonable control of the affected party, including an act of God, natural disaster, fire, flood, epidemic or pandemic, act of war or terrorism, government action or change in Law, failure of third party telecommunications or internet infrastructure, or industrial action not involving that party's own employees, but excluding financial difficulty or a circumstance the affected party could have avoided by taking reasonable precautions.
• Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to copyright, moral rights, trade marks, designs, patents, domain names, circuit layout rights, confidential information, trade secrets, know-how and database rights, whether registered or unregistered, and including all applications and rights to apply for registration.
• Law means any applicable statute, regulation, ordinance, by-law, code, rule or subordinate legislation, and any order or requirement of a court or regulatory authority.
• Loss means any loss, damage, cost, charge, expense or liability, including legal costs.
• Output means the campsites, routes, itineraries, drive time and distance estimates and other suggestions generated by the Service.
• Personal Information has the meaning given in the Privacy Act 1988 (Cth).
• Privacy Policy means our privacy policy available at campgenie.ai/privacy, which forms part of these Terms.
• Related Body Corporate has the meaning given in section 9 of the Corporations Act 2001 (Cth).
• Service or Services means the CampGenie website, application and related services, including where you add CampGenie to your device home screen.
• Share Link means a link generated by the Service that allows a person who holds it to view a Trip without signing in.
• Terms means these terms and conditions of use, as amended from time to time.
• Third Party Service means any third party data source, service, website, platform, provider, operator or booking platform that the Service relies on, links to, or displays information about, including mapping, routing, places and artificial intelligence providers.
• Trip means a trip, route or itinerary you create, generate or save using the Service.
• Your Content means anything you enter into the Service, including trip descriptions, preferences, saved Trips, notes and feedback.
• you and your mean the person who accesses or uses the Service and who is a party to these Terms.

15.2 Interpretation

In these Terms, unless the context requires otherwise: a reference to a clause is a reference to a clause of these Terms; the singular includes the plural and the reverse; includes and including are not words of limitation; a reference to legislation includes that legislation as amended or replaced; a reference to a person includes a body corporate; and headings are for convenience only and do not affect interpretation.

15.3 Contact Information

General enquiries: hello@campgenie.ai

Privacy and data requests: privacy@campgenie.ai