The website decamper.com.au operates under UMATE Trading Group PTY LTD;
(1) UMATE Trading Group PTY LTD (ABN 61 672 493 220) a company incorporated in Australia ("Company", "we", "us" or "our"); and
(2) Any individual or entity who accesses or uses the Company's goods or services ("User", "Customer", "you" or "your").
(A) The User wishes to access and use the Company's services, products, website, mobile application, or other platforms (collectively, the "Services").
(B) These terms and conditions govern the relationship between the Company and Users in respect of the provision and use of the Services.
(C) The Company requires all Users to agree to these terms and conditions as a condition of accessing or using the Services.
(D) These terms and conditions, together with any additional terms specific to particular Services, form the entire agreement between the Company and the User regarding the use of the Services.
1. Definitions
1.1. Account means any user account created by a User to access or use the Services.
1.2. Agreement means these terms and conditions, as amended from time to time in accordance with the terms hereof.
1.3. Australian Consumer Law means the Competition and Consumer Act 2010 (Cth) and related consumer protection legislation.
1.4. Business Day means a day that is not a Saturday, Sunday or public holiday in Victoria.
1.5. Confidential Information means any information that is by its nature confidential, is designated as confidential, or ought reasonably be considered confidential, including but not limited to technical data, trade secrets, know-how, research, product plans, products, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information.
1.6. Content means any text, graphics, images, music, software, audio, video, works of authorship, applications, or other materials.
1.7. Fees means the charges payable by Users for the Services as set out in the pricing schedule or as otherwise notified by the Company.
1.8. Force Majeure Event means any event or circumstance beyond a party's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, labour disputes, government actions, or failure of third party services.
1.9. Intellectual Property Rights means all intellectual property rights worldwide, including copyright, trade marks, designs, patents, semiconductor topography rights, trade secrets, know-how, confidential information, and all other proprietary rights.
1.10. Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).
1.11. Platform means the Company's website, mobile application, software, or other technological platform through which the Services are provided.
1.12. Terms means these terms and conditions.
1.13. Third Party Content means any Content not owned or controlled by the Company, including User Content.
1.14. User Content means any Content that Users submit, post, upload, or otherwise make available through the Services.
1.15. User Data means any data, information, or Content provided, uploaded, or generated by Users in connection with their use of the Services.
1.16. Website means the Company's website at https://www.decamper.com.au and any associated subdomains.
2. Acceptance of Terms
2.1. By accessing, browsing, or using the Services in any manner, the User agrees to be bound by these Terms and acknowledges that they have read, understood, and agree to comply with all provisions contained herein.
2.2. If the User does not agree to these Terms, they must immediately cease all use of the Services and may not access or use the Services in any manner.
2.3. The User's continued use of the Services after any modifications to these Terms constitutes acceptance of such modifications.
2.4. Where the User is accessing or using the Services on behalf of a business, organization, or other entity, the User represents and warrants that:
(a) they have the authority to bind that entity to these Terms; and
(b) they agree to these Terms on behalf of that entity.
2.5. The User must be at least 18 years of age to accept these Terms and use the Services, or if under 18, must have obtained parental or guardian consent to use the Services.
2.6. These Terms are effective from the date the User first accesses or uses the Services and remain in effect until terminated in accordance with the provisions herein.
2.7. The User acknowledges that electronic acceptance of these Terms has the same legal effect as a handwritten signature.
3. Services Description
3.1. The Company provides the Services to Users through the Platform, which may include but is not limited to websites, mobile applications, software, and other digital platforms.
3.2. The Services may include:
(a) access to digital content, tools, and resources;
(b) software as a service or platform as a service offerings;
(c) e-commerce functionality and transaction processing;
(d) user account management and personalisation features;
(e) customer support and technical assistance;
(f) communications and notification services; and
(g) any other services as described on the Platform or as agreed between the parties.
3.3. The Company may, at its sole discretion, modify, update, enhance, or discontinue any aspect of the Services at any time without prior notice to Users.
3.4. Some Services may be subject to additional terms and conditions, which will be presented to Users before accessing such Services.
3.5. The availability and functionality of the Services may vary depending on the User's location, device, internet connection, and other technical factors.
3.6. The Company does not guarantee that the Services will be available at all times or that they will be free from interruptions, delays, or technical issues.
4. User Accounts and Registration
4.1. To access certain Services, you may be required to create an Account by providing accurate, current and complete information during the registration process.
4.2. You are responsible for maintaining the confidentiality of your Account credentials, including your username and password.
4.3. You must not share your Account credentials with any third party or allow any other person to access your Account.
4.4. You are fully responsible for all activities that occur under your Account, whether or not you authorised such activities.
4.5. You must immediately notify us of any unauthorised use of your Account or any other breach of security.
4.6. We may require you to verify your identity or other information provided during registration before activating your Account.
4.7. We reserve the right to:
(a) refuse registration of any Account;
(b) suspend or terminate any Account at our discretion; and
(c) require additional verification or documentation at any time.
4.8. You must promptly update your Account information to ensure it remains accurate and current.
4.9. Each person may only maintain one Account unless we expressly permit otherwise.
5. User Conduct and Prohibited Activities
5.1. The User must use the Services in accordance with these Terms and all applicable laws and regulations.
5.2. The User must not use the Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.
5.3. The User must not:
(a) upload, post, transmit, or distribute any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
(b) impersonate any person or entity or falsely state or misrepresent affiliation with any person or entity;
(c) violate any intellectual property rights of the Company or any third party;
(d) transmit any viruses, malware, or other harmful computer code;
(e) attempt to gain unauthorized access to any part of the Services, other user accounts, or computer systems connected to the Services;
(f) interfere with or disrupt the Services or servers or networks connected to the Services;
(g) use any automated means to access the Services without the Company's express written permission;
(h) collect or harvest personal information of other Users without their consent;
(i) use the Services for commercial purposes without the Company's prior written consent;
(j) engage in any activity that constitutes spam or unsolicited commercial communications.
5.4. The User is solely responsible for all User Content and activities that occur under their Account.
5.5. The Company reserves the right to monitor User conduct and Content, but has no obligation to do so.
5.6. The Company may, in its sole discretion, remove any Content or suspend or terminate any User's access to the Services for violation of this clause 5.
6. Payment Terms and Pricing
6.1. Fees and Charges
(a) The User agrees to pay all Fees for the Services as set out on the Website or Platform or as otherwise notified by the Company.
(b) All Fees are stated in Australian dollars unless otherwise specified and are inclusive of GST where applicable.
(c) The Company may change its Fees at any time by providing at least 30 days' written notice to Users.
6.2. Payment Methods
(a) Payment must be made by credit card, debit card, bank transfer, or other payment methods accepted by the Company as displayed on the Platform.
(b) By providing payment details, the User warrants that they are authorized to use the payment method and that all payment information provided is accurate and current.
6.3. Billing and Payment Terms
(a) Fees for subscription Services are payable in advance on the billing cycle specified at the time of purchase.
(b) One-time Fees are payable immediately upon purchase or booking of the relevant Service.
(c) All Fees are non-refundable unless expressly stated otherwise in these Terms or required by law.
(d) If payment is not received when due, the Company may suspend or terminate the User's access to the Services.
6.4. Refunds
(a) Refunds will only be provided where required by Australian Consumer Law or where expressly offered by the Company.
(b) Any refund requests must be made in writing within 14 days of the relevant purchase or event giving rise to the refund claim.
(c) Approved refunds will be processed within 10 Business Days and credited to the original payment method.
6.5. Disputed Charges
(a) Users must notify the Company in writing of any disputed charges within 30 days of the charge appearing on their statement.
(b) The Company will investigate all disputed charges in good faith and provide a response within 14 Business Days.
7. Privacy and Data Protection
7.1. The Company collects, uses, stores and discloses Personal Information in accordance with its Privacy Policy, which forms part of this Agreement and is available on the Website.
7.2. By accepting these Terms, the User consents to the collection, use, storage and disclosure of their Personal Information as described in the Privacy Policy.
7.3. The Company may collect Personal Information directly from Users through account registration, service usage, communications, and other interactions with the Platform.
7.4. The Company may also collect Personal Information from third parties where permitted by law, including from business partners, service providers, and publicly available sources.
7.5. Personal Information may be used for purposes including:
(a) providing and improving the Services;
(b) processing payments and transactions;
(c) communicating with Users about their accounts and the Services;
(d) marketing and promotional activities (subject to User preferences);
(e) compliance with legal obligations; and
(f) other purposes disclosed at the time of collection.
7.6. The Company implements reasonable security measures to protect Personal Information from unauthorized access, use, disclosure, alteration or destruction.
7.7. Personal Information may be disclosed to third parties including service providers, business partners, and related entities, in accordance with the Privacy Policy.
7.8. Personal Information may be stored and processed in Australia or overseas, and by using the Services, Users consent to such transfer and processing.
7.9. Users may access, correct, or request deletion of their Personal Information in accordance with applicable privacy laws and the procedures set out in the Privacy Policy.
7.10. The Company will retain Personal Information for as long as necessary to fulfill the purposes for which it was collected or as required by law.
7.11. In the event of a data breach that may result in serious harm, the Company will comply with notification requirements under applicable privacy laws.
8. Intellectual Property Rights
8.1. The Company owns or has licensed all Intellectual Property Rights in the Services, Platform, Website, and all Content provided by the Company, including but not limited to software, text, graphics, logos, trademarks, service marks, trade names, and other proprietary materials.
8.2. Nothing in this Agreement transfers any Intellectual Property Rights in the Services or Company Content to the User
8.3. By submitting User Content to the Platform, the User grants the Company a non-exclusive, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish, display, and distribute such User Content for the purposes of providing the Services and improving the Platform.
8.4. The User represents and warrants that:
(a) they own or have obtained all necessary rights and licences to submit User Content;
(b) the User Content does not infringe any third party's Intellectual Property Rights; and
(c) they have authority to grant the licence in clause 8.3.
8.5. The User must not use, reproduce, or distribute any Company trademarks, logos, or branding without the Company's prior written consent.
8.6. If the User becomes aware of any infringement of Intellectual Property Rights relating to the Services, they must promptly notify the Company in writing.
9. Disclaimers and Warranties
9.1. Disclaimer of Warranties - The Company provides the Services on an "as is" and "as available" basis without warranties of any kind, whether express or implied.
9.2. Exclusion of Implied Warranties - To the maximum extent permitted by law, the Company disclaims all implied warranties including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and compatibility.
9.3. Service Availability - The Company does not warrant that the Services will be uninterrupted, error-free, virus-free, or available at all times, or that defects will be corrected.
9.4. Content Accuracy - The Company makes no representations or warranties regarding the accuracy, completeness, or reliability of any Content available through the Services.
9.5. Third Party Content - The Company disclaims all warranties and representations in relation to Third Party Content and is not responsible for its accuracy, legality, or appropriateness.
9.6. Technical Performance - The Company does not warrant that the Services will meet the User's specific requirements or that the operation of the Services will be compatible with other software or hardware.
9.7. Australian Consumer Law - Nothing in this section excludes, restricts, or modifies any consumer guarantee, warranty, or other right or remedy under the Australian Consumer Law or other applicable consumer protection legislation that cannot be lawfully excluded.
10. Limitation of Liability
10.1. To the maximum extent permitted by law, the Company's total liability to the User for any claim arising out of or in connection with this Agreement or the Services, whether in contract, tort (including negligence), statute or otherwise, is limited to the amount of Fees paid by the User to the Company in the 12 months immediately preceding the event giving rise to the liability.
10.2. The Company excludes all liability for any special, indirect, consequential, exemplary, punitive or damages or losses, including but not limited to loss of profits, loss of revenue, loss of business opportunities, loss of data, loss of goodwill, or business interruption, even if the Company has been advised of the possibility of such damages.
10.3. The Company excludes all liability for any loss or damage arising from or in connection with:
(a) any Third Party Content or services accessed through or in connection with the Services;
(b) any unauthorised access to or alteration of the User's transmissions or data;
(c) any interruption or cessation of transmission to or from the Services;
(d) any bugs, viruses, trojan horses or similar harmful components transmitted through the Services; or
(e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Services.
10.4. The exclusions and limitations in this clause 10 apply whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, and even if the Company has been advised of the possibility of such damage.
10.5. Nothing in this Agreement excludes, restricts or modifies any guarantee, condition, warranty or right conferred by the Australian Consumer Law or any other law to the extent that such exclusion, restriction or modification would be prohibited by law or would cause any provision to be void.
11. Indemnification
11.1. The User agrees to indemnify, defend and hold harmless the Company, its directors, officers, employees, agents, affiliates and licensors from and against any and all claims, demands, losses, damages, costs, expenses (including reasonable legal fees) and liabilities arising out of or in connection with:
(a) the User's use of the Services;
(b) the User's breach of these Terms;
(c) the User's violation of any applicable law or regulation;
(d) any User Content submitted, posted or transmitted through the Services;
(e) the User's infringement of any third party's intellectual property rights;
(f) any claim that User Content caused damage to a third party; and
(g) the User's negligent acts or omissions in connection with the Services.
11.2. The User's indemnification obligations under clause 11.1 will survive termination of these Terms.
11.3. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with the Company in asserting any available defences.
11.4. The User will not settle any claim subject to indemnification under this clause without the Company's prior written consent.
12. Termination and Suspension
12.1. The Company may terminate this Agreement or suspend the User's access to the Services immediately without notice if the User:
(a) breaches any provision of this Agreement;
(b) engages in conduct that is harmful to the Company's business, reputation, or other users;
(c) violates any applicable law or regulation;
(d) fails to pay any Fees when due; or
(e) becomes insolvent or subject to any form of insolvency administration.
12.2. The Company may terminate this Agreement or suspend the User's access to the Services at any time by giving 30 days' written notice to the User.
12.3. The User may terminate this Agreement at any time by:
(a) ceasing to use the Services; or
(b) giving written notice to the Company.
12.4. Upon termination of this Agreement:
(a) the User's right to access and use the Services will cease immediately;
(b) the Company may delete or suspend the User's Account and User Data;
(c) all outstanding Fees become immediately due and payable;
(d) each party must return or destroy any Confidential Information of the other party; and
(e) the provisions of this Agreement that by their nature should survive termination will continue in force.
12.5. Termination of this Agreement does not affect any rights or obligations that accrued before termination.
13. Dispute Resolution
13.1. Good Faith Resolution: Before commencing any formal dispute resolution process, the parties must attempt to resolve any dispute arising out of or in connection with this Agreement through good faith negotiations for a period of at least 30 days.
13.2. Notice of Dispute: A party wishing to commence dispute resolution must give the other party written notice of the dispute, including reasonable details of the nature of the dispute and the relief sought.
13.3. Mediation: If the dispute cannot be resolved through good faith negotiations within the timeframe specified in clause 13.1, either party may refer the dispute to mediation conducted by a mediator agreed upon by both parties or, failing agreement, appointed by the Australian Commercial Disputes Centre.
13.4. Costs of Mediation: Each party must bear their own costs of mediation, with the mediator's fees to be shared equally between the parties.
13.5. Court Proceedings: If the dispute is not resolved through mediation within 60 days of the mediator's appointment, or if either party considers mediation inappropriate, either party may commence court proceedings.
13.6. Jurisdiction: The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from those courts.
13.7. Governing Law: This Agreement is governed by the laws of Victoria, Australia.
13.8. Urgent Relief: Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
14. Force Majeure
14.1. Neither party will be liable for any failure or delay in performing its obligations under this Agreement which is due to a Force Majeure Event.
14.2. A party seeking to rely on this clause must:
(a) promptly notify the other party in writing of the Force Majeure Event and its expected duration;
(b) use reasonable efforts to mitigate the effects of the Force Majeure Event; and
(c) resume performance of its obligations as soon as reasonably practicable after the Force Majeure Event ceases.
14.3. If a Force Majeure Event continues for more than 30 consecutive days, either party may terminate this Agreement by giving 14 days' written notice to the other party.
14.4. The Company's payment obligations for Services already provided are not excused by Force Majeure Events.
15. General Provisions
15.1. Entire Agreement. These Terms, together with any additional terms referenced herein, constitute the entire agreement between the Company and the User regarding the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, both written and oral, regarding such subject matter.
15.2. Amendment. The Company may modify these Terms at any time by posting the revised Terms on the Website or Platform.
(a) The Company will provide reasonable notice of material changes to these Terms.
(b) Continued use of the Services after any modification constitutes acceptance of the modified Terms.
(c) If the User does not agree to any modification, the User must cease using the Services.
15.3. Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be deemed modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision will be deemed deleted from these Terms.
(a) The validity, legality and enforceability of the remaining provisions of these Terms will not be affected or impaired thereby.
15.4. Governing Law and Jurisdiction. These Terms are governed by and construed in accordance with the laws of Australia and the laws of the state or territory in which the Company is incorporated.
(a) The parties submit to the exclusive jurisdiction of the courts of that state or territory and any courts which may hear appeals from those courts.
15.5. Waiver. No waiver of any provision of these Terms will be deemed or will constitute a waiver of any other provision, nor will any waiver constitute a continuing waiver unless otherwise expressly provided.
15.6. Assignment. The User may not assign or transfer any rights or obligations under these Terms without the Company's prior written consent.
(a) The Company may assign these Terms and any rights hereunder without restriction.
15.7. Notices. Any notice required or permitted under these Terms must be in writing and delivered by email to the email address associated with the User's Account or as otherwise specified by the Company.
15.8. Survival. The provisions of these Terms that by their nature should survive termination will survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
USER/CUSTOMER
By clicking "I Accept" or "Agree" or by accessing or using the Services, the User agrees to be bound by these Terms and Conditions.
