Terms & Conditions
1.1. Set Up Camp Pty Ltd ABN 33 813 281 564 (Set Up Camp) is the distributor of Opus Campers in Queensland and New South Wales, and a retailer of camper products and accessories.
1.2. Access to and use of Set Up Camp’s website https://www.setupcamp.com.au (the Website) is subject to these terms and conditions (Terms). By accessing and using the Website, you agree to be bound by these Terms, which Set Up Camp may amend at any time without notice.
2. Use of the Website
2.1. In accessing or using the Website you warrant that:
(a) without affecting your obligations under these Terms, you will comply with all applicable laws and regulations with respect to your activities and your access and use of the Website;
(b) you will have full responsibility about the content and validity of the information and content you upload to the Website, and you acknowledge and agree that Set Up Camp is under no obligation to monitor or censor any such content or information;
(c) you are solely responsible for procuring, maintaining and securing your network connections and telecommunications links from your systems to the Website, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet;
(d) you will not distribute or transmit any material through your use of the Website that:
(i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or otherwise illegal;
(ii) facilitates illegal activity;
(iii) depicts sexually explicit images;
(iv) promotes unlawful violence;
(v) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
(vi) will infringe the copyright, trademark, or other Intellectual Property Rights of Set Up Camp or any other third-party whatsoever; or
(vii) is otherwise illegal or causes damage or injury to any person (whether natural or legal) or property;
(e) you will not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Website in any form or media or by any means;
(f) you will not attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website;
(g) you will not access all or any part of the Website in order to build a product or service which competes with business of Set Up Camp; and
(h) you will not introduce or permit the introduction of, any Virus or Vulnerability into the Website or Set Up Camp’s network and information systems.
3. Disclaimer and Liability
3.1. To the maximum extent permitted by law, Set Up Camp does not warrant or represent:
(a) the performance of the Website;
(b) that use or access to the Website will be uninterrupted;
(c) that the Website will be free of any defects, Virus or Vulnerability;
(d) the accuracy, reliability or completeness of any content on the Website.
3.2. The Website (including its content) is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the suitability of accessing and using the Website, and access and use of the Website is at your own risk.
3.3. The Website may be modified without notice.
3.4. Set Up Camp will have no responsibility or liability to you in relation to any loss or damage that you incur, including but not limited to damage to your software or hardware or loss of data, arising from your use of or access to the Website, or the unavailability of the Website.
3.5. Set Up Camp’s liability, for any breach of a term or condition implied by law is limited at Set Up Camp’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
3.6. Nothing in these Terms purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under law that cannot be excluded.
3.7. To the maximum extent permitted by law, in no circumstance will Set Up Camp be liable to you for any direct and indirect loss (including but not limited to loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, loss of data, or any consequential loss or damage), damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the Website, or as a result of the inaccessibility of the Website and/or the fact that certain information or materials contained on the Website are incorrect, incomplete or not up-to-date.
3.8. You agree to indemnify Set Up Camp, its related bodies corporate (as defined in the Corporations Act 2001 (Cth)), and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your access and/or use of the Website, including as a result of you submitting content to the Website in any form.
4. Linked Sites
4.1. The Website may contain links to other websites or be integrated with other platforms. These links and integrations are provided for convenience only and may not remain current or be maintained.
4.2. Unless expressly stated otherwise, Set Up Camp does not endorse and is not responsible for the content on those linked websites and integrated platforms, and Set Up Camp has no control over or rights in those linked websites or integrated platforms.
4.3. Set Up Camp does not warrant that functions contained in the Website, such as links and integrations, will be uninterrupted or error free, that defects will be corrected or the servers that makes it available, are free of Viruses or Vulnerabilities.
4.4. Set Up Camp is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use or access of the Website, a linked website, or integrated platform.
5. Intellectual Property Rights
5.1. Set Up Camp owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other Intellectual Property Rights) in the Website and in all of the material (including all text, graphics, logos, audio and software) made available on and through the Website (Content).
5.2. Your access and use of the Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Website or the Content. However, Set Up Camp does grant to you a licence to access and use the Website and view the Content subject to these Terms and, where applicable, as expressly authorised by Set Up Camp and/or its third party licensors.
5.3. Any reproduction or redistribution of the Website or the Content is prohibited.
5.4. All other use, copying or reproduction of the Website, the Content or any part of it is prohibited, except to the extent permitted by law.
In these Terms:
(a) Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world, including but not limited to all rights comprised in any copyright (including future copyright and rights in the nature of or analogous to copyright) patent, design, trade mark, circuit layout whether at common law or conferred by statute, whether or not now existing, and whether registered or registrable and including any rights to apply for registration, and rights to protect trade secrets, know-how, goodwill or confidential information for the full period of such rights and any renewals or extensions of those rights.
(c) Virus means any thing or device (including any software, code, file or programme) which may:
(i) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device;
(ii) prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or
(iii) adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
(d) Vulnerability means a weakness in the computational logic (including but not limited to code) found in software and hardware components that when exploited, results in a negative impact to its confidentiality, integrity, or availability.
If any provision in these Terms is held to be illegal, invalid or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of these Terms. If it is not possible to delete or modify the provision, in whole or in part, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these Terms and the legality, validity and enforceability of the remainder of these Terms shall not be affected.
9. Governing law
Your use of the Website and these Terms are governed by the laws of the State of Queensland and you submit to the non-exclusive jurisdiction of the courts of the State of Queensland.