Terms & Conditions
This website is created for the purpose of assisting recreational vehicle (RV) travellers and other users of this website (identified in these terms & conditions as “you” or “your”) in buying, gathering information, advertisements, product and service offers, vehicle data and other content supplied by Caravans Away and third parties (identified in these terms & conditions as “products”, “services”, “materials” or “content”).
By using our website, you agree to be bound by the terms & conditions stated herein (“Terms”). Please read our Terms carefully and if you do not agree with the Terms you should immediately cease using this website. Please be advised that we may revise or update these terms from time to time, with the revised changes taking effect on the date of posting.
A reference to “we”, “us”, “our”, “this site” or “Caravans Away” in these Terms is to Caravans Away Pty Ltd ABN 73 648 017 930.
You agree that all materials on the website are subject to copyright restrictions:
(i) You understand and agree that Caravans Away retains all interest and rights to the website and its materials, and nothing you do within the website will transfer any of these rights to you.
(ii)The materials displayed on this website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are solely our property and may be protected, at our sole discretion, by copyright, trade mark and other intellectual property laws
(iii) You can use the website for your personal, non-commercial purposes.
(iv) While Caravans Away strives to provide you with accurate and up-to-date materials, we cannot guarantee the suitability, accuracy, reliability, representations, quality, or completeness of the materials posted on our website. You acknowledge and accept that the website content may include errors and that you are responsible for assessing the accuracy of the information and your reliance on the content at your own risk.
(v) You expressly understand and agree that you must be at least 18 years to use the website’s vehicle enquiry and purchase functionality.
(vi) Nothing in these terms of use operate to exclude, modify or restrict the application of any provision, the exercise of any remedy, or the imposition of any liability under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL). To the extent permitted by law (and where the consumer guarantees under the ACL do not apply), Caravans Away, its related bodies corporate and their respective officers, employees, agents and representatives shall not be liable to you, or any third party claiming through you, for any damages, costs losses, expenses or other liabilities however incurred in connection with your use of the website, your inability to use the website or any content appearing on the website. In no event will Caravans Away, its related bodies corporate and their respective officers, employees, agents ad representatives be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic loss or disadvantage, regardless of the form of the action and regardless of whether Caravans Away has been advised of the possibility of such damage. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of Caravans Away for damages under the terms of use exceed one hundred dollars ($100.00) or if the consumer guarantees under the ACL apply, then Caravans Away’ liability will be limited to supplying the services again or paying the cost of having such services supplied again (to be decided in Caravans Away’ sole discretion).
(vii) We provide no guarantee that access to the website will be available or that the website is free from viruses or anything else which may damage any computer which accesses the website or any data on such a computer. We may from time to time restrict access to any part or whole of the website and its discretion. By using this website, you agree to do so at your sole risk.
(viii) The website may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Caravans Away or its related bodies corporate. If you use these links, you may leave the website. Caravans Away has not reviewed any of these third party sites, does not control and is not responsible for any of these sites or their content. Caravans Away does not endorse any opinion, recommendation or advice expressed therein or make any representations about third party sites, their usefulness, safety or intellectual property rights of or relating to such content, or any information or other products, services or materials found there, or any results that may be obtained from using them, and Caravans Away expressly disclaims (itself and on behalf of its related bodies corporate) any and all liability in connection with such third party sites. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against Caravans Away or its related bodies corporate in connection therewith. You further understand and acknowledge if you decide to access any of the third party sites linked to the website, you do so entirely at your own risk.
(ix) Pricing of vehicles are all drive away prices unless otherwise stated.
(x) Delivery pricing is not included in drive away price.
2. You acknowledge that our services are directed to people residing in Australia.
3. Caravans Away may augment information supplied. This information is supplied by third parties and is based on model and year. While Caravans Away does check this information, it may be possible for information to be inaccurate. You are responsible for reviewing information with us to check accuracy.
4. Should you choose to become a member of Caravans Away, additional products and services may be made available to you. You agree to abide by any additional terms and conditions of those products and services.
5. Should you choose to become a member of Caravans Away, you agree to receive electronic communications about products and services to the email address supplied in your account.
6. Should you choose to make a payment via our website for membership, holding fee payments, deposit payments or any other payments, Caravans Away will process the payment for the total amount shown in local currency (Australian Dollars). You may be required to make additional payments by using certain payment methods, especially when you use an international credit card. Any and all such fees will be emailed to your designated email address by Caravans Away following payment of holding fee prior to finalising your purchase.
a. Expressions in this agreement bear the same meaning as those expressions in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Unless specifically stated otherwise, any consideration payable under this agreement is exclusive of GST. If a supply made under or in connection with this agreement is subject to GST, the recipient must pay to Caravans Away an additional amount on account of the GST. Subject to the receipt by the recipient of a tax invoice, the additional or any outstanding amounts is payable prior to delivery, and in the manner as set out by Caravans Away upon purchase.
7. Use of our website may enable you to communicate with Caravans Away, advertisers and users. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
8. You acknowledge that materials posted by you on the website may be made publicly available. You are solely responsible for any content you post on, through or in connection with our website. You grant us a royalty free, worldwide, non-exclusive, sub-licensable right to use any such content created or submitted using our services. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on our services. We may reject, refuse to post or delete any content for any or no reason, including, but not limited to, content which violates these Terms.
9. You are solely responsible for interaction with other users of our website and any other parties that you interact with through our services. We reserve the right to become involved in these disputes at our sole discretion. If you have a dispute, you release us from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with the dispute.
10. These Terms are governed by the laws of Queensland, Australia and you fully submit to the jurisdiction of the courts in Queensland, Australia.
Additional terms and conditions relating to user accounts.
We may in our sole discretion offer you a facility to create a user account on our website. Use of the account will be subject to these Terms.
a. Any user account is provided for convenience only and you acknowledge and agree that we may in our sole discretion add or remove any functionality, features or benefits. We reserve the right to at any time suspend or revoke your access to the account at any time or to delete the account without notice to you. You acknowledge that you may lose access to any data stored on our services if you lose access to your account or if the account is deleted.
b. You are responsible for the lawful use, and for ensuring the security, of your own account. We will not be responsible for any unauthorised access to your account.
c. No warranty is provided in relation to the user account, and to the extent permitted by law we will not be responsible for any loss (whether direct, indirect, consequential or incidental) in connection with or arising out of:
d. termination or suspension of your account;
any inability to use or access the user account;
our decision to discontinue any service, functionality or benefits in connection with the user account; or
any unauthorised access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of your data.
In accessing or using our services, you agree that you will not:
(i) use any device, software, process or means to interfere or attempt to interfere with the proper functioning of our services;
(ii) use any automated device, software, process or means to access, retrieve, scrape, or index our platform or any content;
(iii) use any device, software, process or means to interfere or attempt to interfere with the proper functioning of our services;
(iv) undertake any action that will impose a burden or make excessive demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate usage;
(v) use or index any of our content or data for purposes of:
a. constructing or populating a searchable database of RVs,
b. building a database of RV-related information; or
c. competing with us in any manner that we have not specifically
authorised;
d. transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
e. use our services or any of our content in any manner which is, in our sole discretion, not reasonable and/or not for the purpose which it is made available;
f. violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
g. pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
h. act in violation of any term of use or other condition posed by us or any applicable law;
i. transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
j. attempt to gain unauthorised access to our services or the server from which our services are provided; or
k. attack our online services via a denial-of-service attack or a distributed denial-of service attack.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our services, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
If you are in breach of the Terms, you hereby indemnify us against any loss, damages, costs, liabilities, and expense (including but not limited to legal expenses) suffered by us as a consequence of any potential or actual breach by you.
For information regarding the way we manage your personal information, please view our Privacy Policy.
To contact us please email info@caravansaway.com.au
Terms & Conditions last updated 30/07/2021