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Terms Of Service

These Terms of Service (“Terms”) govern the contractual relationship between:

- Xcamper Ltd, a company governed by the laws of England and Wales having its registered office located at 86-90 Paul Street, London, United Kingdom, EC2A 4NE (hereinafter referred to as “Xcamper”); and

- each Owner (defined below), Traveller (defined below), individual, entity, user or visitor (collectively referred to as ‘you’ or ‘your’) (i) accessing Xcamper’s website located at www.xcamper.com (hereinafter referred to as “Website”), and/or (ii) using the Services (as defined under Section 3.2 of these Terms) on the Platform (as defined under Section 3.1 of these Terms).

You and Xcamper shall also hereinafter be referred to together as the “Parties” and individually as a “Party”.

Please read these Terms carefully before using the Website. Your access to the Website and use of the Services via the Platform is conditioned upon your acceptance of and compliance with these Terms.

1. Acceptance of Terms

By accessing the Website and by using the Services (defined below) via the Platform, you agree to be bound by these Terms and accept to comply with all applicable laws and regulations. Should you disagree to be bound by these Terms, in whole or in part, you shall (i) not be permitted/authorized to use the Services on the Platform (defined below), and (ii) refrain from accessing the Platform.

Your continued use of the Website and/or use of the Services on the Platform (defined below) shall be deemed to constitute your acceptance of these Terms.

2. Modification of Terms

Xcamper reserves the right, at any time and in its sole discretion, to modify or replace these Terms. You shall be solely responsible for checking these Terms periodically, to stay abreast of any changes to the Terms. Your continued access to the Website and use of the Services on the Platform following the posting of any changes to these Terms shall be subject to the newly modified Terms.

3. Platform and Services

3.1 Xcamper provides Owners and Travellers (defined below) with a Web-based marketplace platform integrated into the Website, offering holiday vehicle rentals to holiday makers (hereinafter referred to as “Platform”), in accordance with the terms and conditions of these Terms.

3.2 Xcamper also:

(i) provides individual owners (“Owner(s)”) of vehicles, to advertise, list and rent via the Platform, on a non-exclusive basis, the Owner’s leisure vehicles, including but not limited to motorhomes, camper vans, camper trailers, caravans, recreational vehicles (RV) and pop-up trailers (collectively “Owner’s Vehicles”), directly to Travellers (defined below);

(ii) provides potential/prospective holiday makers (“Traveller(s)”) to view, browse, book and rent Owner’s Vehicle(s),

(iii) provides a messaging service to Owner’s and Travellers on the Platform, that enables Owner’s and/or Travellers to communicate with each other,

(iv) provides Owners and Travellers with a secure payment system and customer support services,

(v) provides Travellers with roadside assistance; and

(vi) provides Owner’s with the option to obtain applicable insurance for Owner’s Vehicle(s) via the Platform,

(collectively the “Service(s)”).

3.3 Xcamper reserves the right to cancel or revoke, at any time and in its sole discretion, any and all rental/hire transactions made between Owner and Traveller on the Platform.

3.4 Availability of Platform. Xcamper may, from time to time and without giving any reason or prior notice to you, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform.

3.5 Subject to the terms and conditions herein, you hereby acknowledge and agree that:

(i) each Owner is and shall remain at all times responsible for providing you with access to and use of Owner’s Vehicles listed on the Platform;

(ii) you shall be solely and exclusively responsible for the choices you make with regards to the rental of Owner’s Vehicles;

(iii) you shall be solely and exclusively responsible for any and all decisions, actions or inactions you may choose to take whilst accessing and using the Services;

(iv) Xcamper shall not be liable for any result or non-result or any consequences which may occur due to your access to and use of Owner’s Vehicles and the Services; and

(v) Xcamper acts as a third-party intermediary and as such facilitates the provision/rental/hire of Owner’s Vehicles between the Owner and Traveller on the Platform.

3.6 Xcamper shall not be held responsible for any content, or the suitability of Owner’s Vehicles or for any service provided by Owner and listed on the Platform. As such, Xcamper does not warrant or guarantee the accuracy or completeness of the information/content provided by the Owner. Your use of Owner’s Vehicle(s) on the Platform, and any associated items/information obtained through the Website and Platform shall be at your sole risk. You assume full responsibility for any actions you take following your use of Owner’s Vehicles.

3.7 You undertake that you will not take any action that will or is reasonably likely to have a material negative impact on the reputation and/or goodwill of Xcamper.

3.8 You agree to access the Website (including the Platform) and use the Services for lawful purposes only. Therefore, you agree to not:

(i) use any material or information, including images or photographs, which are made available by Xcamper through the Services in any manner that infringes Xcamper’s, Owner’s or any third party’s copyright, trademark, patent, trade secret, or other proprietary right;

(ii) sell or give away the Owner’s Vehicles listed on the Platform to any third party, as any such actions or practices are not only illegal but also strictly forbidden by Xcamper;

(iii) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained on the Website, Platform and Services made available to you;

(iv) violate any applicable laws or regulations;

(v) circumvent the Platform, and conduct/participate in any transactions relating to the rental of Owner’s Vehicle(s) outside the Platform; and/or

(vi) use the Services, Website and Platform for any unauthorized commercial purposes.

3.9 You acknowledge that Xcamper is merely a third-party intermediary, and as such Xcamper is not a party to any transaction and related dispute between Owner and Traveller. However, Xcamper may assist Owner and Traveller in facilitating a resolution to any such dispute.

3.10 You acknowledge that Xcamper may, in its sole discretion at any time without notice and for any or no reason, add, change, suspend, remove or discontinue any or all part(s) of the Services, Website and/or Platform.

3.11 Customer Support Services. Xcamper shall provide you with customer support services via the Website and email in order to address any queries and concerns you may have pertaining to the Services as well as to any payment/account issue. Xcamper shall endeavour to resolve any queries and concerns you may have within seven (7) working days from the date you first logged the issue with Xcamper.

4. Registration, Password and Security

4.1 In order for the Owner and Traveller to access and use the Services on the Platform, Owner and Traveller must first register with Xcamper through Xcamper’s online registration process, by providing all required information which shall include but not be limited to:

(i) Owner’s full legal name, date of birth, email address, proof of registered address, copy of Owner’s passport, copy of Owner’s driving license, occupation, bank account details, copy of MOT certificate for each of Owner’s Vehicles, copy of V5 document for each of Owner’s Vehicles, emergency contact number, Owner’s picture, and phone number(s).

(ii) Traveller’s full legal name, date of birth, email address, proof of registered address, copy of Traveller’s passport, copy of Traveller’s driving license, occupation, emergency contact number, Traveller’s picture, and phone number(s).

An account shall thereafter be opened by Xcamper, in its sole discretion, for you on the Website (including the Platform) (“User(s) Account”). Each User’s Account may only be registered and used by one (1) single entity or individual. You may not access any third party’s account on the Website (including the Platform) or authorize any third party to access its/his/her User’s Account on your behalf. You acknowledge and agree that Xcamper may in its sole discretion (i) reject the registration of any User’s Account for any or no reason, and (ii) deny you with access to the Website (including the Platform) for any or no reason without any obligation for Xcamper to disclose or explain the reason to you.

4.2 You shall:

(i) provide true, accurate, current and complete information about you as prompted by Xcamper’s registration process on the Website; and

(ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete at all times.

4.3 If you provide any information to Xcamper that is untrue, inaccurate, outdated, or incomplete, or if Xcamper has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Xcamper may close the corresponding/relevant User’s Account on the Website and deny you the ability to use and access the Services on the Platform.

4.4 You may indicate, during the registration process, to Xcamper, the User’s Account-related username (which shall be your email address) as well as your choice of password to be used together as login credentials to access its/his/her User’s Account (collectively “Login Credentials”). You shall be solely responsible for (i) maintaining the confidentiality of your Login Credentials; and (ii) any and all activities which occur under its/his/her User’s Account. You agree to notify Xcamper immediately of any unauthorized use of its/his/her User’s Account and/or of your Login Credentials by any third party. Xcamper shall not be liable for any loss that you may incur as a result of any third-party using your Login Credentials and/or accessing/using User’s Account either with or without your knowledge. However, you may be held liable for losses incurred by Xcamper due to any third-party using your Login Credentials and/or accessing/using User’s Account either with or without your knowledge.

4.5 You acknowledge and agree that you may not (i) use any third party’s account on the Website (including the Platform), and further acknowledge that each User Account is for use by one user only, and (ii) impersonate any individual or entity, or falsely state or otherwise misrepresent any affiliation with an individual or entity when accessing the Website (including the Platform) and/or when providing the Services on the Platform.

5. Use of Owner’s Vehicles listed on the Platform

5.1 Upon registering a User Account on the Website, Traveller may make a booking request on the Platform, to enable Traveller to rent Owner’s Vehicle(s). Upon Owner’s acceptance of Traveller’s booking request, Traveller will make an upfront payment for the rental of the selected Owner’s Vehicle.

5.2 Traveller acknowledges that Owner shall have 24 hours to confirm any booking request made by Traveller on the Platform. Should Owner not confirm Traveller’s booking request within 24 hours, such booking request shall be cancelled.

6. Owner’s Obligations and Acknowledgements

6.1 Owner may freely (i) list Owner’s Vehicle(s) on the Platform provided that Owner’s Vehicle(s) meet(s) Xcamper’s requirements; and (ii) answer any questions the Traveller(s) may have in relation to Owner’s Vehicle(s).

6.2 Once Owner has listed Owner’s Vehicle(s) on the Platform, Owner shall upload an image of the vehicle Owner wishes to rent and list on the Platform and shall be solely responsible for (i) creating, determining, drafting and posting the description of the vehicle; and (ii) setting the rental price, availability, insurance coverage details, cancellation policy and all other related information for Owner’s Vehicle(s) which are promoted and listed on the Platform. Owner agrees to provide accurate and current details to Travellers about Owner’s Vehicle(s) listed on the Platform.

6.3 Owner shall:

(i) be solely responsible for providing Owner’s Vehicle(s) to Traveller, in accordance with the confirmed booking (i.e. on the agreed date, time and location);

(ii) not upload any description/image/text/graphic that is unlawful, illegal, objectionable, obscene, vulgar, opposed to public policy, prohibited or that is in violation of or infringe upon Xcamper’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights;

(iii) provide the full, correct, accurate and true description of Owner’s Vehicles so as to enable Travellers to make an informed decision prior to making a booking on the Platform.

(iv) be solely responsible for the quality, merchantability, fitness for its intended purpose, guarantee and any warranty in respect of Owner’s Vehicles offered by Owner to Traveller on the Platform;

(v) make available to Traveller (unless arranged otherwise by Traveller and Owner), the Owner’s Vehicle of the same description, quality, and price as described/listed under the confirmed booking;

(vi) not offer Owner’s Vehicles on the Platform, which are deemed dangerous, against public policy, unlawful, and illegal or prohibited under any applicable laws;

(vii) be solely responsible for any dispute that may arise between Traveller and Owner in relation to the rental of Owner’s Vehicle;

(viii) at all times be responsible for compliance with all applicable laws and regulations;

(ix) be solely responsible for any and all insurance claims, injury, damage, or incident(s) caused by the rental of Owner’s Vehicle to Traveller or any third party;

(x) be responsible for checking and maintaining the safety, cleanliness, roadworthiness, and maintenance of Owner’s Vehicle;

(xi) maintain applicable insurance coverage for Owner’s Vehicles in general and for the rental of Owner’s Vehicle to Traveller more specifically; and

(xii) execute and sign a rental agreement with Traveller for the rental of Owner’s Vehicle, prior to Traveller using Owner’s Vehicle; and

(xiii) conduct an inventory of Owner’s Vehicle prior to the delivery of Owner’s Vehicle to Traveller, and again when Owner’s Vehicle is returned by Traveller.

6.4 Compliance. Owner shall comply with all applicable laws, rules and regulations, and shall obtain all necessary licenses, permits and approvals required in relation to the (i) rental of Owner’s Vehicle to Travellers via the Platform; and (ii) the promotion, advertising, marketing, rental and provision of Owner’s Vehicle(s) by Owner on the Platform.

6.5 Owner acknowledges and agrees that Owner’s Vehicles listed on the Platform are owned/provided by Owner alone and that Xcamper is acting merely as a third party intermediary facilitating the provision of Owner’s Vehicle to Travellers via the Platform. Xcamper shall not be responsible for the proper/suitable provision of Owner’s Vehicle by Owner to Traveller, including but not limited to the vehicle’s function, condition, and/or technical/mechanical failure.

6.6 Owner acknowledges, understands and agrees that Xcamper reserves the right to remove/block/delete any of Owner’s Vehicle listed on the Platform (i) which is found to be in violation of applicable law and/or in breach of these Terms, or (ii) for any reason determined by Xcamper in its sole discretion, and without Xcamper being liable to Owner.

7. Intermediary Fee, Payment Terms, Payment Method

7.1 As a facilitating intermediary/entity which is only a third party to any transaction(s) made on the Platform between Owner and Traveller in relation to the rental of Owner’s Vehicle(s), Xcamper shall collect, as compensation for the Services, a fee based on a pre-determined percentage of the total rental transaction amount (“Intermediary Fee”).

7.2 Traveller acknowledges and agrees that the Intermediary Fee collected by Xcamper for the Services provided to Traveller and Owner on the Platform, may, upon Traveller’s and/or Owner’s cancellation of such Service(s) for any reason, be non-refundable.

7.3 Except as described below under Section 7.9, Xcamper shall not be responsible for collecting and remitting taxes to the applicable taxing authorities on behalf of Owner. As such, Xcamper shall pay Owner all amounts Traveller pays for the rental of Owner’s Vehicle(s) listed on the Platform, less Xcamper’s Intermediary Fee, directly to Owner. Xcamper is not associated with any Owner with whom Traveller books or reserves Owner’s Vehicle(s) or any applicable Taxes (defined below).

7.4 Payment Terms. Payment for the rental of Owner’s Vehicles on the Platform shall be due on or before the date specified on the Website. Should Xcamper not receive payment for the rental of Owner’s Vehicles (including the Intermediary Fee) Traveller has selected on the Platform prior to the time reserved by Traveller for the rental of Owner’s Vehicles, Xcamper and/or the Owner may cancel Traveller’s booking.

7.5 Payment Method. A valid payment method, including credit card or debit card is required to process the payment for Traveller’s selected rental of Owner’s Vehicles. Xcamper will process Traveller’s payment via Xcamper’s third-party payment processor, namely Stripe. Traveller shall provide Xcamper with Traveller’s full name, email address, and credit or debit card details. By submitting such payment information, Traveller automatically authorizes Xcamper and Xcamper’s third-party payment processor to charge all fees for the rental of Owner’s Vehicles to Traveller’s credit card or debit card.

7.6 Traveller warrants that Traveller is authorized to use Traveller’s chosen credit card or debit card as a payment method.

7.7 Traveller acknowledges and agrees that the fees for Traveller’s selected rental of Owner’s Vehicles shall be (i) quoted and payable in the applicable currency or such other currency as selected by Traveller on the Platform; and (ii) payable on time.

7.8 If Xcamper does not receive payment from Traveller’s verified payment method on the due date, Traveller shall immediately pay all amounts due to Xcamper upon request. Should Xcamper be unable to collect all such outstanding amounts, Xcamper may in its sole discretion close and cancel Traveller’s User Account and access to the Services without any notice to Traveller.

7.9 Taxes.

7.9.1 Under these Terms, the term “Taxes” shall mean taxes, charges, duties, fees, levies, and other charges of a governmental authority, including income, withholding, social security, social contribution, transfer, sales, use, value-added and all other taxes of any kind for which a Party may have any liability imposed by any governmental authority, whether disputed or not, any related charges, interest or penalties imposed by any governmental authority, and any liability for any other person as a transferee or successor by Law, contract or otherwise.

7.9.2 All fees for the rental of Owner’s Vehicles and/or Services, as illustrated on Xcamper’s Website (including Platform) are exclusive of any and all Taxes.

7.9.3 You shall be responsible for the payment of all Taxes associated with the rental of the Owner’s Vehicles via the Platform and as part of your use of the Services. You shall not deduct from the payments due to Xcamper, any Taxes, except as is required by applicable law.

7.10 You acknowledge and agree that you shall be solely and exclusively responsible for all Taxes arising out of your use of the Website and Services.

8. Cancellation Policy

8.1 Owner acknowledges that Owner may offer a cancellation period for the renting of Owner’s Vehicles listed on the Platform to Travellers. In such a case, Xcamper shall withhold the payment made by Traveller to Owner for twenty-four (24) hours from the start of the rental of Owner’s Vehicle by Traveller, solely for the purposes of facilitating any cancellation request made by Traveller to Owner. Owner shall at all times be solely responsible for refunding Traveller with the full price should Traveller cancel a confirmed booking during the cancellation period. If Traveller cancels a confirmed booking after the expiration of the cancellation period, Xcamper and Owner shall determine the applicable cancellation fee due to Owner by Traveller. However, Owner’s cancellation period/policy/terms must be clearly detailed within the description of the Owner’s Vehicle(s) that are being offered for rental on the Platform.

8.2 Refunds. Unless otherwise specified herein, any refund requests made by Traveller directly to Owner, in relation to the rental of Owner’s Vehicle(s), shall be strictly between Owner and Traveller. For the avoidance of doubt, Xcamper shall withhold the payment made by Traveller to Owner for twenty-four (24) hours after the rental of Owner’s Vehicle by Traveller has started/commenced, solely for the purposes of facilitating any refund request made by Traveller to Owner via the Platform in relation to the provision/rental of Owner’s Vehicle(s).

9. Acceptable Use of the Website (including the P

9.1 You may not use the Website (including the Platform) to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation, (ii) in a manner that infringes upon Xcamper’s Intellectual Property Rights (as defined below) or upon any third-party’s intellectual property rights, (iii) in a manner that violates the privacy or other personal rights of third parties, (iv) that is defamatory, damaging, disruptive, obscene, threatening, abusive or hateful, and/or (v) in order to upload, post, email, transmit, or otherwise make available any content that (a) is deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; and (b) incites, encourages or threatens immediate physical harm against another including, but not limited to, User Content (defined below) which (1) promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (2) contains material that solicits personal information from anyone under the age of eighteen (18) or exploits anyone in a sexual or violent manner.

9.2 When accessing the Website (including the Platform), you shall be prohibited from:

(i) using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website (including the Platform);

(ii) taking any action that imposes an unreasonable or disproportionately large data load on the Website’s (including the Platform’s) infrastructure;

(iii) copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website (including the Platform) without Xcamper’s prior written consent;

(iv) accessing, tampering with, or use non-public areas of the Website (including the Platform), of Xcamper’s computer systems and/or of its third-party providers’ technical delivery systems;

(v) probing, scanning, or testing the vulnerability of any of Xcamper’s system or network or breach or circumvent any of Xcamper’s security or authentication measures;

(vi) accessing, searching or attempting to access or search the Website (including the Platform) by any means other than through Xcamper’s currently available, published interfaces that are provided by Xcamper, unless you have been specifically allowed to do so in a separate agreement with Xcamper;

(vii) reverse-assembling, reverse-engineering, decompiling or otherwise attempting to discover any source code relating to the Website (including the Platform) or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

(viii) attempting to access any area of the Website (including the Platform) to which access is not authorised;

(ix) using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website (including the Platform);

(x) conducting any systematic or automated data collection activities on or in relation to the Website (including the Platform), including but not limited to data scraping, mining, extraction, harvesting, framing and article spinning, without Xcamper’s prior written consent;

(xi) using manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website (including the Platform);

(xii) using the Website (including the Platform) to transmit or send unsolicited commercial and marketing communications for any purpose, without Xcamper’s prior written consent;

(xiii) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;

(xiv) disrupting or interfering with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming the Website (including the Platform);

(xv) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

(xvi) intentionally or unintentionally violating any local, national or international law, and any regulations having the force of law;

(xvii) impersonating any other person or entity, sell your profile, provide false or misleading identification, payment or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; and/or

(xviii) collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

10. User Content

10.1 Xcamper allows you to make available certain information, text, graphics, photos, images, or any other material (“User Content”) on the Platform. You are the sole and exclusive owner or licensee of User Content. You shall be solely and exclusively responsible for User Content that you post to the Platform, including for its legality, reliability and appropriateness. By posting User Content on the Platform, you grant Xcamper the non-exclusive, worldwide, royalty-free, limited, revocable right/license to fully use, display, reproduce, and distribute such User Content on and through the Platform or Website, solely for the purposes of promoting Xcamper’s Platform. You shall retain any and all of your rights to any User Content you submit, post or display on or through the Platform and Website and you shall be solely responsible for protecting those rights.

10.2 You represent and warrant to Xcamper that the:

User Content belongs to you (i.e. you own it) or that you have the right to use it (e.g. as licensee) and grant Xcamper the right as granted by you under Section 10.1 of these Terms, and

(ii) posting or sharing of User Content on or through the Platform does not violate (a) Xcamper’s Intellectual Property Rights (defined below) or any third-party’s intellectual property rights, (b) privacy rights, publicity rights, copyrights, contract rights or any other rights of the Xcamper or of any third-party.

10.3 Xcamper reserves the right to block or remove User Content that Xcamper determines to be: (i) abusive, defamatory, or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of Xcamper’s Intellectual Property Rights (defined below) or of any third-party’s intellectual property rights or; (iv) offensive or otherwise unacceptable to Xcamper in its sole and exclusive discretion. Xcamper acknowledges that, by providing you with the ability to share, view and distribute User Content on the Platform, Xcamper is merely acting as a passive conduit for such distribution and is not assuming any obligation or liability relating to User Content, activities on the Website or via the Platform.

10.4 By sending Xcamper any reviews, feedback, ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any confidential or proprietary information belonging to any third party(ies), (ii) Xcamper is under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) Xcamper may have feedback which is similar to your Feedback, already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Xcamper and its vendors and users any claims and assertions of any moral rights contained in such Feedback.

11. Representations & Warranties

11.1 You hereby represent and warrant to Xcamper that your access to the Website (including the Platform) will:

(i) be in accordance with these Terms;

(ii) comply with all applicable laws, regulations and rules (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, and data protection);

(iii) not be for any unlawful purposes;

(iv) not entail, imply or give rise to the publication of any illegal content;

(v) not further any illegal activities;

(vi) not infringe upon or misappropriate any of Xcamper’s Intellectual Property Rights (defined below) or any third-party’s intellectual property rights;

(vii) will not involve uploading, posting, emailing, transmitting or otherwise offering any content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any third-party; and

(viii) not be used to create, distribute, facilitate or operate in conjunction with malware, spyware, adware, or other malicious programs or code.

11.2 You also represent and warrant that if you are accessing the Website (including the Platform) on behalf of an organization/company, you (i) agree to be bound by the terms and conditions of that organization/company; (ii) have the authority to bind the organization/company to these Terms; and (iii) are not barred from contracting with Xcamper under any applicable laws.

12. Disclaimer of Warranties

12.1 Unless otherwise provided under these Terms, the Website and Platform shall be provided by Xcamper to you "as is," and “as available” with all faults, defects, bugs, and errors.

12.2 XCAMPER HEREBY (I) DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOUR USE OF THE WEBSITE INCLUDING THE PLATFORM; AND (II) MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THE SERVICES, OWNER’S VEHICLES, AND YOUR USER CONTENT, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR INTEGRATION.

12.3 XCAMPER AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF (i) THE INFORMATION CONTAINED ON THE WEBSITE, PLATFORM AND SERVICES, AND (ii) RELATED GRAPHICS PUBLISHED ON THE WEBSITE, PLATFORM AND SERVICES FOR ANY PURPOSE. XCAMPER AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION CONTAINED ON THE WEBSITE, PLATFORM, AND SERVICES INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

12.4 YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE, PLATFORM AND SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES.

12.5 NEITHER XCAMPER NOR ITS LICENSORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE WEBSITE, PLATFORM AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL INFORMATION.

12.6 XCAMPER MAKES NO WARRANTY (I) THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE WEBSITE, PLATFORM AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE WEBSITE, PLATFORM AND/OR SERVICES WILL BE CORRECTED, OR (IV) THAT THE WEBSITE AND PLATFORM OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

12.7 XCAMPER DOES NOT WARRANT OR GUARANTEE THAT ANY SUCCESSFUL COMMERCIAL RESULTS WILL BE OBTAINED BY YOU AS A RESULT OF USING THE WEBSITE, PLATFORM AND SERVICES. AS SUCH, XCAMPER WILL NOT BE LIABLE FOR (I) ANY FAILURE BY OWNER, OR (II) ANY LOSS OR DAMAGES INCURRED/SUSTAINED BY TRAVELLER, AS REGARDS TO YOUR USE OR INABILITY TO USE THE WEBSITE, PLATFORM AND SERVICES.

13. Intellectual Property

13.1 All content, articles, trademarks, data, information or information contained in any materials, or documents used in relation to the Website and Platform, including but not limited to any and all copyrighted works, databases, text, graphics, icons, designs, logos, graphics, hyperlinks, domain names, codes, information and agreements (“Materials”), are the sole and exclusive property of or are licensed to Xcamper. You may not reproduce, distribute or copy the Materials by any means, whether electronically or not, without Xcamper’s prior written permission.

13.2 Any and all intellectual property rights in the Materials, Website, Platform, and Services including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Materials and Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Xcamper’s Intellectual Property Right(s)”), vests solely and exclusively in Xcamper, its licensors, the respective Owner, as the case may be. All rights not expressly granted by Xcamper to you are reserved by Xcamper. Save as expressly set out herein, you shall not acquire any right, title or interest in Xcamper’s Intellectual Property Rights.

13.3 Owner shall be the sole and exclusive owner of all intellectual property rights in Owner’s respective User Content and Owner’s Vehicle(s) (“Owner’s Intellectual Property Rights”) which Owner lists on the Platform. Xcamper may not use any of Owner’s Intellectual Property Rights for any other purpose, other than mentioned under these Terms and not without Owner’s prior written consent. Owner hereby grants Xcamper the non-exclusive right to use Owner’s Intellectual Property Rights, free of charge, in connection with the provision of the Service(s) to prospective/potential Travellers on the Platform, to the extent necessary for Xcamper to (i) exercise Xcamper’s rights under these Terms, and (ii) perform Xcamper’s obligations under these Terms.

14. Indemnification

14.1 You agree to indemnify and hold harmless Xcamper from and against any liability, demand, damages, cost, or expense arising from any third-party claim, including but not limited to: (i) your violation of these Terms; (ii) your use or misuse of the Website, Platform and Services; (iii) your infringement of Xcamper’s Intellectual Property Rights; (iv) any loss or damage caused by your use or misuse of the Platform; (v) the rental transaction between Owners and Travellers in relation to the rental of Owner’s Vehicle(s); and/or (vi) User Content. Xcamper shall indemnify and hold you harmless from and against any liability or expense arising from a third-party claim based on any Negligence of Xcamper. “Negligence” shall mean gross negligence or intentional misconduct.

14.2 In the event of a claim subject to indemnification hereunder, the indemnified Party shall: (i) promptly notify the indemnifying Party of the claim, (ii) provide the indemnifying Party with reasonable cooperation and assistance, at the indemnifying Party’s expense, to defend such claim; and (iii) allow the indemnifying Party the opportunity to assume the control of the defense and settlement of such claim. The indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim. The indemnifying Party must obtain the prior written approval from a duly authorized signatory of the indemnified Party prior to entering into any settlement affecting the indemnified Party’s rights.

15. Limitation of Liability

15.1 XCAMPER, AND ITS LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD-PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO AND USE OF THE WEBSITE PLATFORM AND/OR SERVICES, EVEN IF XCAMPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 WHILE XCAMPER TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, XCAMPER AND ITS LICENSORS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE WEBSITE AND/OR PLATFORM.

15.3 AS XCAMPER IS NOT PROVIDING THE OWNER’S VEHICLES TO TRAVELLERS, AND IS THEREFORE, NOT A PARTY TO THE RENTAL TRANSACTION BETWEEN OWNERS AND TRAVELLERS, XCAMPER SHALL NOT BE LIABLE (DIRECTLY OR INDIRECTLY) TO YOU OR ANY THIRD PARTY IN RESPECT OF THE RENTAL OF OWNER’S VEHICLE(S) AND THE TERMS AND CONDITIONS OF ANY RENTAL AGREEMENT EXECUTED BY OWNER AND TRAVELLER, INCLUDING AND NOT LIMITED TO ANY DISPUTES RELATING TO PERSONAL INJURY OR DAMAGES TO THE OWNER’S VEHICLE(S).

15.4 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, XCAMPER’S AND ITS LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED POUNDS STERLING (£100.00).

16. Third Party Links and Recourses

The Website (including Platform) and/or Services may contain links and/or ads to third-party websites or resources. You acknowledge and agree that Xcamper shall not be responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links and ads to such websites or resources do not imply any endorsement by Xcamper of such websites or resources or the content, products, or services available from such websites or resources.

Your communications, interactions or business transactions/dealings with any third party found on or through the Website (including the Platform) and/or the Services, including any such third party’s terms, conditions, warranties or representations associated with such communications, interactions or business transactions/dealings, shall be solely between you and such third party. You acknowledge and agree that Xcamper shall not be liable for any loss or damage incurred by you as the result of any communication, interaction, business transaction or other dealings you may have with any third party found through (i) the Website (including the Platform) and/or (ii) your use of the Services.

17. Protection of Personal Information

Xcamper’s Privacy Policy is available at www.xcamper.com/en/page/privacy-policy and governs the use, storage and processing of the personal information you may provide to Xcamper through your access to and use of the Website, Platform and/or Services. Your election to use the Website including the Platform and Services shall be deemed to constitute your acceptance of the terms of Xcamper’s Privacy Policy.

18. Suspension & Termination

18.1 Xcamper may suspend or temporarily disable your access to all or part of the Website, Platform and/or its/his/her User Account if (i) Xcamper suspects you of partaking in any illegal activity, (ii) Xcamper reasonably believes that you have violated these Terms, or (iii) applicable law enforcement or other government agencies have requested Xcamper to suspend or temporarily disable your access to the Website, Platform and/or its/his/her User Account.

18.2 If Xcamper breaches any of its obligations under these Terms, you may terminate these Terms by providing Xcamper with thirty (30) calendar days prior written notice. Upon your termination of these Terms and closing of its/his/her User Account, Xcamper shall, provided that there are no outstanding confirmed Traveller bookings, (i) block your access to all of the Website (including the Platform) and to its/his/her User Account, (ii) prevent any further rentals of Owner’s Vehicle(s) to Travellers by Owners on the Platform (ii) block your use of the Platform, (iii) delete all of your information associated with its/his/her User Account, including but not limited to your full name, address, contact information, and Login Credentials, and (iv) delete all of User Content and data in its/his/her User Account. You acknowledge that, should there be any pending Dispute (defined below) or related legal claim between Xcamper and you, Xcamper may retain all of such your information associated with its/his/her User Account for a minimum period of twelve (12) months or for as long as necessary.

19. Dispute Resolution

19.1 If any dispute or difference shall arise between the Parties as to the meaning or application of these Terms, the rights or liabilities of the Parties or otherwise in relation to these Terms, then (without prejudice to any other express or implied rights or powers) the dispute or difference (“Dispute") shall be determined as follows:

(i) A Party must not commence arbitration or court proceedings (except proceedings seeking interlocutory relief) relating to a Dispute arising under these Terms unless it has complied with this Section 18.

(ii) A Party claiming that a Dispute has arisen under these Terms must give the other Party written notice of the particulars of the Dispute.

(iii) In the event of a Dispute, difference or claim between the Parties hereto, arising out of the use of the Website or Platform; or in any way relating to these Terms, or any term, condition or provision herein mentioned or the construction or interpretation thereof or otherwise in relation hereto, the Parties shall first endeavor to settle such difference, dispute, claim or question by mutual discussion, failing which the same shall be referred to the London Court of International Arbitration or any statutory modification or re-enactment thereof for the time being in force.

19.2 You acknowledge and agree that if any dispute or difference shall arise between you or another user, Owner, Traveller or third-party, you shall be solely responsible for your conduct. You agree that Xcamper shall not be liable for any dispute that arises between you and any other user, Owner, Traveller, or third-party.

20. Governing Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of England and Wales. You agree that in respect of any dispute arising upon, over or in respect of any of the terms and conditions of these Terms, only the London Court of International Arbitration shall have jurisdiction to try and adjudicate such dispute to the exclusion of the English Court system.

21. General Provisions

21.1 Non-Exclusivity. The Parties’ respective obligations under these Terms are non-exclusive and nothing herein is intended to restrict you from accessing or using any other third-party’s platform, even if such platform is similar to the Platform provided by Xcamper.

21.2 Severability. If any of the provisions or portions of these Terms are held to be invalid under any applicable statute or rule of law, they are to that extent deemed to be omitted from these Terms without in any way invalidating or impairing the other provisions of these Terms.

21.3 No Waiver. A Party’s failure or delay in enforcing any provision of these Terms will not operate as a waiver of the right to enforce that provision or any other provision of these Terms at any time. A waiver of any provision of these Terms shall be in writing, specify the provision to be waived and signed/executed by the party agreeing to the waiver.

21.4 No Assignment. You shall not assign or otherwise transfer your rights under these Terms, without the prior written consent of Xcamper. Any attempt to make such an assignment without Xcamper's consent shall be void. Xcamper consent shall not be unreasonably withheld.

However, these Terms shall be binding upon and inure to the benefit of Xcamper, its affiliates, or any corporation or other entity to which Xcamper may (i) transfer all or substantially all its assets and business, and (ii) assign these Terms, in which case references to “Xcamper" as used herein shall mean such affiliate, corporation or other entity.

21.5 No Agency, Partnership, Collaboration, Employment or Independent Contractor Status. You acknowledge that Xcamper is merely a service provider. Accordingly, there is no employment, agency, joint venture, partnership, collaboration or independent contractor relationship between you and Xcamper.

Xcamper does not and shall not be required to assume, and expressly disclaims, any obligations or liabilities that could arise from or relate to an employment or independent contractor relationship (whether between Xcamper and Owner, or between Owner and any Traveller), including, but not limited to, any obligations or liabilities relating to immigration or sponsorship matters or other work permits, wages, expenses, benefits, workers compensation premiums, health insurance, unemployment, social security, training or tax obligations.

21.6 Notices. Except as otherwise provided under these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent by certified mail, registered mail, courier or to contact@xcamper.com.

21.7 Entire Agreement. These Terms represents the entire agreement between the Parties relating to the subject matter hereof. These Terms alone fully and completely expresses the agreement of the Parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations or warranties, written or oral, except as set forth herein.

22. Contact Information

Should you have any questions concerning these Terms and/or any issues or concerns about the Website, Platform and/or Services, you may contact Xcamper at contact@xcamper.com.

Effective Date: 30th July 2021.

1. Acceptance of Terms

By accessing the Website and by using the Services (defined below) via the Platform, you agree to be bound by these Terms and accept to comply with all applicable laws and regulations. Should you disagree to be bound by these Terms, in whole or in part, you shall (i) not be permitted/authorized to use the Services on the Platform (defined below), and (ii) refrain from accessing the Platform.

Your continued use of the Website and/or use of the Services on the Platform (defined below) shall be deemed to constitute your acceptance of these Terms.