Terms & Conditions

Buy, Swap & Sell Caravan and RV Listing Terms

These Caravan and RV Listing Terms govern your (“you” or “your”) use of the site located at [https://bss.everythingcaravancamping.com.au] (“Site”) when advertising your caravan or recreational vehicle (RV) for sale on the Site or viewing or taking any action in relation to any caravan or RV advertisement listed on the Site (“Caravan and RV Listings”) and are in addition to, and to be read in conjunction with, our full Terms and Conditions and Privacy Policy. By using this section of the Site, you agree to be bound by these Caravan and RV Listing Terms and the full Terms and Conditions. To the extent of any inconsistency between these Caravan and RV Listing Terms and the full Terms and Conditions, these Caravan and RV Listing Terms will prevail in relation to Caravan and RV Listings.  

If you do not agree to be bound by the Caravan an RV Listing Terms and the full Terms and Conditions as stated above, you should immediately cease using this Site. We may revise or update these Caravan and RV Listing Terms from time to time, with the revised changes taking effect on the date of publishing them on the Site.

The Caravan and RV Listings section of the Site assists caravan and RV sellers to research prices of vehicles currently available for sale, to advertise their new and used vehicles, find potential buyers for their new and used vehicles and for potential buyers and other uses of the Site to research and discover vehicles listed for sale.  

A reference to “we”, “us”, “our” or “ECC” in these Caravan and RV Listing Terms is a reference to EVERYTHING CARAVAN & CAMPING PTY LTD ABN 85 664 582 932trading as Everything Caravan & Camping.

Your Use of this section of the Site

You may use this section of the Site for personal, non-commercial purposes and you must be at least 18 years old to use this section of the Site.

You acknowledge that content which you upload or post to the Site may be made publicly available, and that you should not upload or post any confidential information to the Site.

You are responsible for your own interactions with other users of the Site. We reserve the right to become involved in such a dispute should it arise, at our absolute discretion.

Use of the Site may enable you to communicate with ECC, sellers, advertisers, potential buyers and other users. When doing so, you agree not to:

a)       use any false identity or alias;

b)      infringe on any right of any third-party;

c)       make any unlawful, abusive, derogatory or obscene comment; or

d)      interfere with the functionality of the Site or any other Site user’s functionality;

Content accuracy 

No guarantees are provided by ECC about the accuracy or currency of any information on this section of the Site. Information displayed in this section of the Site is provided primarily by sellers who advertise their caravans and RVs for sale on the Site in exchange for a listing fee payable to ECC and that ECC has not, and will not, verify the information provided. We make no representations or guarantees about the quality of the information posted to this section of the Site or the suitability for your intended use of this section of the Site.  

You are responsible for assessing the accuracy of the information found on this section of the Site and your reliance on that information is at your own risk.  

ECC does not provide any warranty that the caravans or RVs advertised for sale by the third-party sellers are of merchantable quality, are fit for the purpose intended, are roadworthy or safe, are owned by a party noted as a seller, are unencumbered, or are as described by a seller in an advertisement listing.

Pricing

Pricing of caravans and RVs offered by sellers on this section of the Site may exclude government, statutory and other charges unless otherwise expressly stated.

ECC does not endorse or validate any pricing noted as an asking price for a caravan or RV advertised for sale on the Site.

Due diligence and sale and purchase contracts

Advertisers may pay additional fees for featuring content prominently on the Site. This does not represent any endorsement by ECC of the quality of the caravans or RVs listed in this way.

It is your responsibility to conduct any due diligence enquiries in relation to any caravans or RVs advertised for sale on the Site prior to making any purchase from a seller, including but not limited to:

1.       investigating and verifying the condition of the caravans or RVs;

2.       ensuring proper ownership title; and

3.       make enquiries in relation to, and securing the release of, any encumbrances.

ECC will not be a party to any agreement reached between buyers and sellers of caravans or RVs advertised for sale on this Site. Nothing in these Caravan and RV Listing Terms or the full Terms and Conditions are intended to govern any contractual relationship between a buyer and seller of caravans or RVs advertised for sale on this Site.

You acknowledge and agree that ECC will not take part in any negotiations, contract preparation or dispute resolution between parties in relation to the sale and purchase of any caravan or RV advertised for sale on this Site, nor will ECC provide any advice in relation to any such sale or purchase.

It is further your responsibility to attend to any and all actions prudent following the completion of any sale or purchase of a caravan or RV.

You acknowledge and agree that if you subsequently purchase any caravan or RV advertised on the Site, you will not have made a purchase through the Site for the purpose of our full Terms and Conditions.

General Release and Indemnity

You expressly and irrevocably release, defend and hold harmless ECC from any claim, demands, damages, cost, expense or liability arising out of or in any way connected to:

a)       any sale or purchase of any caravan or RV advertised for sale on this Site; or

b)      any disputes between you and any other users of the Site.

You agree to indemnify ECC from any claim, demand, damages, cost, expense or liability (including legal costs on a full indemnity basis) suffered by ECC which arises out of or is in any way connected to:

a)       any sale or purchase of any caravan or RV advertised for sale on this Site; and

b)      any disputes between you and any other uses of the Site;

which is caused by or contributed to by you.

Intellectual Property Rights generally

Materials on this section of the Site are subject to copyright restrictions and may contain unregistered or registered trade marks.

ECC retains all interest and rights to the Site and any materials owned by ECC and which are uploaded or published to this section of the Site. Some of the materials on this section of the Site may belong to third-parties who have licensed those materials to us for publication on this Site. Nothing you do as a user on this section of the Site will transfer any of these rights to you.

Links to other websites

ECC does not endorse any opinion, recommendation or advice made available on any third-party websites to which it links and is not responsible for its privacy practices or content uploaded to those sites.

When accessing linked third-party websites, you understand that you may be exposed to content that is inaccurate, illegal, offensive, indecent, or objectionable, and you waive any legal or equitable rights or remedies you have or may have against ECC in connection with that access.

ECC expressly disclaims any and all liability in connection with linked third-party websites.

Liability

To the maximum extent permitted by law, all express or implied warranties, representations, statements, terms and conditions relating to these Caravan and RV Terms that are not otherwise expressly contained in these Caravan and RV Terms are excluded.

Nothing in these Caravan and RV Terms excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited.

If any guarantee, term, condition or warranty is implied or imposed into these Caravan and RV Terms (a Non-Excludable Provision) and ECC is able to limit your remedy for a breach of such a Non-Excludable Provision, then ECC’s liability for breach of the Non-Excludable Provision is limited to one or more of the following, at ECC’s option:

a)       in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

b)      in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

Subject to ECC’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the maximum aggregate liability of ECC for all claims under or relating to these Caravan and RV Terms, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to $100.00.

In calculating ECC’s aggregate liability to you, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by ECC under any Non-Excludable Provision.

Subject to ECC’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, ECC is not liable for, and no measure of damages will, under any circumstances, include:

a)       special, indirect, consequential, incidental or punitive damages; or

b)      damages for loss of profits, revenue, goodwill or anticipated savings, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

ECC’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

General

These Caravan and RV Terms and our full Terms and conditions are governed by the laws of Victoria, Australia and you agree to irrevocably submit to the jurisdiction of the courts in Victoria, Australia.

If any provision of these Caravan and RV Terms is invalid, illegal or unenforceable in any respect, that invalid, illegal or unenforceable provision is to be severed from these Caravan and RV Terms and the remaining terms will apply in conjunction with our full Terms and Conditions.

Terms and Conditions specific for advertisement listing

If you request to list an advertisement for display on the Site, you, the party noted in the online request (hereinafter referred to as “Advertiser” “you” “your”) agree that the provisions under these following provisions will also apply in respect of your advertising on the Site.

Accounts

Advertisers must create an account through the Site in order to create and request an advertisement listing (“Listing”). When doing so, you as an Advertiser are responsible for creating a secure username and password, and for protecting your login details from unauthorised us. We accept no responsibility for any unauthorised use of your account due to your failure to properly secure your login details. You are liable for all actions taken on your account.

You acknowledge and agree that accounts are provided for convenience purposes and that we may in our sole discretion add or remove any functionality, features or benefits to any account that you set up on the Site for the purpose of creating your Listings.  We reserve the right to at any time suspend or revoke your access to such account or to delete the account without notice to you. You acknowledge that you may lose access to any data stored on the Site if you lose access to your account or if the account is deleted.

Creating a Listing request

When creating a Listing request you must:

a)       pay the Listing fee set out on the Site relevant to the caravan or recreational vehicle you wish to advertise at the time of creating a Listing (for example, second hand products of a certain item value or new products of a certain item value) by entering your credit card details at the online check out where indicated;

b)      provide all information for inclusion in your Listing as requested by ECC, including any photographs of the caravan or RV in the format requested by ECC and which accurately depict the caravan or camper in its current state and condition without digital alteration;

c)       accurately describe the caravan or RV advertised;

d)      comply with any advertising policy imposed by ECC from time to time;

e)      use only materials which you own or are licensed to use for that purpose in your Listing;

f)        if requested, provide ECC with proof of ownership of a caravan or RV or its location;

g)       keep all of your login details secure and confidential and immediately change your login details if you suspect that they have been compromised in any way; and

h)      remove your Listing if the advertised caravan or RV is no longer available for sale.

You must not list any item for sale:

a)       which is located outside of Australia or is not immediately available for sale; or

b)      which you do not own or have the right to sell or is not a CARAVAN & CAMPING item - House hold items will be NOT accepted 

You must not include in any Listing:

a)       any offer of or referral to any services, such as a referral to a finance broker;

b)      any content which does not comply with all relevant laws, regulations and codes;

c)       multiple caravans or RVs for sale in a single Listing;

d)      any content which infringes the intellectual property rights of any other person or entity;

e)      any links to third party websites;

f)        any content which is illegal, obscene, fraudulent or defamatory or otherwise not relevant to the Listing;

g)       any content which is misleading or deceptive, or likely to mislead or deceive ECC or any other users of the Site.

You must not at any time after creating a Listing, alter the Listing to advertise a caravan or RV which is different to the caravan or RV originally advertised in the Listing.

Once you have submitted your request to create a Listing on the Site, it cannot be cancelled by you the Advertiser.

You may remove a Listing at any time after publication of the Listing on the Site. If you remove a Listing after publication, fees for the Listing remain payable to us and will not be refunded to you.

Once you have created a Listing and paid the relevant fee corresponding to the price of your Caravan or RV, if you reduce the price of the Caravan or RV, you will not be entitled to a refund of any of the fee paid for the higher value vehicle.

You acknowledge and agree that ECC makes no representation, warranty or guarantee that listing your caravan or RV on the Site in a Listing will result in the sale of your caravan or RV.

Free Listings

By submitting a free listing, you agree to be signed up to the Everything Caravan & Camping Marketing Communications database. You are welcome to unsubscribe from this communication database at any time.

Listing fees and inclusions

Listing fees payable and inclusions for the fees are as noted on the Site from time to time.

Listing fees and inclusions are subject to change without notice. Revised Listing fees apply for any Listings purchased from the time that the revised Listing fees are published on the Site.

ECC does not guarantee or represent or warrant to you that any Listing service offering which is available at a particular time, will continue to be available in the future.

When you make a payment via the Site for fees for a Listing, ECC’s payment processor will process the payment for the total amount shown in Australian Dollars. You may be required to make additional payments by using certain payment methods. Any and all such fees will be posted by us on the check-out page prior to finalising your purchase.

You will not be entitled to a refund or credit of the fee paid for the Listing if ECC withdraws or terminates the publication of your Listing in cases where your Listing has been terminated because you are in breach of these Caravan and RV Terms.

Expressions in these Caravan and RV Terms have the same meaning as those expressions in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Unless specifically stated otherwise, fees payable for Listings under these Caravan and RV Terms are exclusive of GST. If a supply made under or in connection with these Caravan and RV Terms is subject to GST, the recipient must pay to the supplier an additional amount on account of the GST. Subject to the receipt by the recipient of a tax invoice, the additional amount is payable at the same time and in the same manner as the Listing fees for the supply.

Listing position on the Site

Generally, unless advertisers pay additional fees for featured products (as displayed and described on the Site), Listings appear in chronological list order, with the most recently purchased Listings appearing at the top of the list for the product category. ECC however has absolute editorial control in relation to the publication of your Listing, including, but not limited to the format, position, and placement of your Listing on the Site.

Featured Products Listings

If you purchase a featured products Listing (as described on the Site), your Listing will be placed at the top of the relevant product category list for a period outlined by the offer on the website. On the expiry of the featured product listing, your Listing will [convert to a regular listing / be removed from the Site]. If more than one featured product Listing is purchased by advertisers in your product category, featured advertisements will generally appear in chronological order, with the most recently purchased featured Listing appearing at the top of the featured list for the product category.

Display of Listings on the Site and ECC social media accounts

We are not required to publish your Listing on the Site. Listings will be considered to be accepted by ECC when they are displayed on the Site.

Listings will be displayed on the Site for the period of time set out on the Site at the time of your purchase, corresponding with the fees paid for the Listing (“Ad Period”).

You consent to ECC republishing your Listing, or any extract or element of your Listing, on its social media accounts or any other marketing materials generated by or on behalf of ECC in its absolute discretion.

Variation to and removal of Listings

ECC reserves the right to change the format of any Listing if necessary or desirable to fit within the design requirements and maintenance of the Site or remove any content which ECC considers breaches these Caravan and RV Terms.

ECC may reject or refuse to publish any content that you submit to the Site in connection with a Listing for any or no reason, at our absolute discretion, including, but not limited to, content which violates these Caravan and RV Terms or our full Terms and Conditions.

Whilst all reasonable efforts will be made to publish your Listing on the Site as requested by you, save as otherwise provided in these Caravan and RV Terms, ECC will not be liable for any error, omission or failure to publish your Listing as requested.

ECC may remove a Listing from the Site if:

a)       you breach these Caravan and RV Terms; or

b)      we determine in our absolute discretion without notice, that such removal is appropriate.

Advertisements may be removed by ECC at any time following expiration of the Ad Period [where no renewal fee for the Listing has been paid]. 

Listing Renewals

[Advertisers may pay a renewal fee for Listings to continue being displayed on the Site beyond the Ad Period. If Listing fees or inclusions have increased since the date of initial purchase, Advertisers will be required to pay the relevant increased fee for the new Ad Period. When renewal fees are paid, the Listing may move back up to the top of the list in the product category.]

Competing Listings

As an Advertiser, you acknowledge that ECC may publish Listings created by other advertisers which compete with products offered for sale by an existing advertiser.

Intellectual Property Rights associated with Listings

As an Advertiser, you grant us a royalty free, worldwide, non-exclusive, sub-licensable right to use any content submitted by you to the Site for inclusion in a Listing to:

1.       display the Listing on the Site;

2.       display the Listing, or any extract of the Listing on any social media accounts operated by, administered by or moderated by ECC or its representatives; and / or

3.       display the content in any other marketing materials created by or on behalf of ECC promoting the Site or ECC generally.

Responsibility for Listing content

You as an Advertiser are solely responsible for any content you post on, through or in connection with the Site.

As an Advertiser, you warrant and represent to ECC that the publication by ECC of the Listing on the Site, or any on any of the ECC social media accounts, will not, to your knowledge breach or infringe:

a)              the Competition and Consumer Act 2010 (Cth), Fair Trading Acts or equivalent legislation;

b)             any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;

c)              any law of defamation, obscenity or contempt of any court, tribunal or royal commission;

d)             State or Commonwealth anti-discrimination legislation;

e)             the Privacy Act (Cth); or

f)               any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).

As an Advertiser, you warrant and represent that:

a)              all contact and other details you have provided to ECC are accurate;

b)             you are the owner of the caravan or RV depicted in your Listing and you have the authority to sell that caravan or RV;

c)              you are entitled to publish the Listing and all materials contained in the Listing, including any text, images or video;

d)             you have the authority to grant to ECC the intellectual property licences set out in these Caravan and RV Terms;

e)             if your Listing contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, you have obtained the authority of that person to make use of his/her name or representation or the copy as intended;

f)               if the Listing contains the price for consumer goods or services, the Listing complies with the pricing provisions of the Competition and Consumer Act (Cth) and contains, as a single price, the minimum total price to the extent quantifiable at the time of publication of the Listing on the Site; and

g)              if the advertisement promotes a competition or trade promotion, you have obtained all relevant permits.

You agree to indemnify ECC from any actual or threatened claim, demand, damages, cost, expense or liability (including legal costs on a full indemnity basis) suffered by ECC which arises out of or is in any way connected to:

a)       your Listing containing material which breaches any law, regulation or code or any third-party rights;

b)      any wilful, unlawful or negligent act or omission by you;

c)       ECC’s publication of your Listing;

d)      the sale or offering for sale of your caravan or RV;

e)      your breach of any warranty set out in these Caravan and RV Terms; or

f)        your breach of these Caravan and RV Terms or our full Terms and Conditions.

The above indemnity will survive the expiration or termination of the arrangements under these Caravan and RV Terms.

Relationship between ECC and Advertisers

ECC’s publishing of your Listing on the Site does not create any agency relationship between ECC and you as an Advertiser.

ECC’s liability to Advertisers

Save as otherwise set out herein, to the maximum extent permitted by law, all guarantees and implied and express warranties in respect of any goods or services provided by ECC are expressly excluded.

To the full extent permitted by law, ECC will only be liable to you as an Advertiser:

a)       pursuant to any guarantee or right which is created or is implied by operation of law and cannot be excluded provided that, to the full extent permitted by law, any such liability of ECC is limited, at ECC’s option to:

a.       replacing or repairing the relevant goods or supplying goods equivalent to the relevant goods; or

b.       supplying the relevant services again or paying the cost of such replacement, repairs or supply.

b)      if your claim arises from or in connection with any deliberate breach of these Caravan and RV Terms or fraudulent activity by ECC.

To the maximum extent permitted by law, ECC (including its officers, employees, agents and contractors) will not be liable to you, the Advertiser:

a)       for claims arising out of or in connection with these Caravan and RV Terms or the publication of your Listing on the Site or the republication of the Listing, or an extract of the Listing, on ECC’s social media accounts;

b)      for claims arising out of or in connection with any sale or purchase of caravans or RVs listed for sale on the Site;

c)       for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.

This provision of these Caravan and RV Terms will survive the expiration or termination of the arrangements under these Caravan and RV Terms.

Privacy

By requesting a Listing on the Site, you expressly consent to your contact details which you provide to us for inclusion in the Listing to be made publicly available on the Site.

You acknowledge and agree that ECC may provide you with notifications of inquiries received via the Site about the caravan or RV offered for sale in your Listing.