CAMMUNITY TERMS OF SERVICE
This Agreement is long, and we’re sorry, but your safety and security is important.
Cammunity Ltd was built to support and connect creatives, and relies on both trust and respect. We appreciate your use of our service, and ask you to please read these terms carefully as they contain important information about your legal rights, remedies, and obligations. They also aim to outline the services we offer, as well as our Cammunity Rules.
Cammunity Ltd (which we’ll refer to as “Cammunity”, “we”, or “us”), is the owner of cammunity.co.uk, an online platform that facilitates the listing and rental or purchase of equipment (including but by no means limited to production [video, lights, audio, etc.] equipment, photography equipment, props, automobiles, watercraft, aircraft, and drones), physical locations, and other equipment (which we’ll refer to as “Listing” or “Listings”).
By using our Platform, signing up as a User, creating a Listing, and/or renting or purchasing a Listing, you agree to our: Terms of Service, Cammunity Rules, Privacy Policy
1. Welcome
1.1 Cammunity Ltd operates a platform that allows
Equipment Rental: Users (known as “Lenders”) are free to list equipment for rent (including but not limited to production [video, lights, audio, etc.] equipment, photography equipment, props, automobiles, watercraft, aircraft, and drones), physical locations, and other equipment (which we’ll refer to as “Listing” or “Listings”). Lenders can get in touch and make agreements with other users who wish to borrow this equipment (known as "Borrowers").
Equipment Purchase: Users (know as “Sellers”) are free to list equipment for sale (including but not limited to production [video, lights, audio, etc.] equipment, photography equipment, props, automobiles, watercraft, aircraft, and drones), physical locations, and other equipment (collectively, hereinafter, “Listing” or “Listings”). Sellers can get in touch and make agreements with other users who wish to buy this equipment (known as “Buyers”). Buyers can also submit offers to the other party, which may be accepted by that member.
Payment Processing: Borrowers/Buyers can pay Lenders/Sellers through Stripe (“Stripe”) for renting/buying the whatever equipment they might need.
Invoicing: We offer a feature that lets users view a Rental/Purchase Invoice that relates to a Rental/Purchase Conversation (which we’ll refer to as “Rental Invoice” or “Purchase Invoice”). The Rental Invoice includes both User’s contact information, the Borrower’s payment information, the original Rental Period, and order summary. The Purchase Invoice includes both User’s contact information, the Buyer’s payment information, the purchase date, and order summary that includes any initial Transaction Costs and seller profits associated with the rental.
Message Conversation: Users can message each other (which we’ll refer to as “Message Conversation”) via a listing or profile. We recommend that any conversations about a rental request, pending rental, active rental, completed rental, purchase offer, pending purchase, or completed purchase between users remain in the relevant Rental Conversation or Purchase Conversation, and that the message conversation be used for other questions and correspondence.
Rental Conversation: Users can view a summary of a listing rental, starting from when the Borrower asks for the listing to when the rental is completed (which we’ll refer to as a “Rental Conversation”). The Rental Conversation includes the Lender and Borrower’s account names, the listing title that is linked to the Listing URL, the original Rental Period, the Rental Invoice number that is linked to the Rental Invoice (described below), the order summary that includes any initial fees or profits associated with the rental, and a conversation thread between Lender and Borrower that include Service system messages. The Rental Conversation for the lender and borrower may display different information that is applicable to each User’s role, including but not limited to the other User’s name and information, the order summary that includes any initial fees or profits associated with the rental and the specific User, and certain Service options that are available to each User.
Purchase Conversation: Users can message each other (which we’ll refer to as a“Purchase Conversation”) when organising a sale between a seller and buyer. The Purchase Conversation may display different information that is applicable to each User’s role, including but not limited to the other User’s name and information, the order summary that includes any initial fees or profits associated with the rental and the specific User, and certain Service options that’s available to each User. A Purchase Conversation may include multiple Listings, if the Buyer added multiple Listings to one Cart.
Cammunity Pro: We offer a feature that allows Users to access premium features of the site (which we’ll refer to as “Cammunity Pro”). Cammunity Pro lets certain users have access to a jobs board feature, reduced listing fees and the removal of hire fees.
Additional Services: We may provide additional/alternative social features on the Cammunity platform, any use of all our social features should comply with our Cammunity Rules (below).
2. Important Warnings
2.1 Cammunity offers a platform that connects and enables Users to borrow, lend, buy and sell equipment to one another - Cammunity does not borrow, lend, buy or sell equipment itself. We also do not regularly monitor the quality of the equipment made available for hire by lenders through the Cammunity Service.
2.2 Any users involved in a given exchange (and not us) are responsible for ensuring that their equipment conforms to any descriptions provided, and is fit for purpose / safe to use. If you are a Borrower or Buyer, we won’t be responsible for any equipment that’s hired or bought through the Cammunity Service.
2.3 As a Lender, it’s up to you to comply with any obligations you may have under applicable law when it comes to the equipment you’re providing for hire, including giving effect to Borrowers' rights under applicable consumer law and compensating any damage to the Borrower or any other person caused by your equipment.
If you’re a Seller, you’ll also need to comply with any obligations you may have under applicable law when it comes to the equipment you’re providing for sale, including giving effect to Buyers' rights under applicable consumer law and compensating any damage to the Buyer or any other person caused by your equipment should the law find you accountable.
2.4 If you’re a Borrower, you’ll be responsible for any equipment you hire through the Cammunity Service, including compensating the Lender for any loss or damage to their equipment. You’ll also be responsible for any damage you cause to other people or property when you use this equipment.
2.5 Cammunity can’t and doesn’t control the content contained in any profiles, user-to-user correspondence, listings or the condition, legality or suitability of any listings. Cammunity isn’t responsible for and disclaims all liability related to any profile, user-to-user correspondence, and listings. Also, any rentals or purchases will be made at the user’s own risk. In no event will Cammunity be liable to a user or a related third-party for any special, incidental, indirect, or consequential damages of any kind, or any damages resulting from loss of use, data, or profits, whether or not advised of the possibility of damage, in connection with the use of Cammunity's platform. Although Cammunity expects users or related third-parties to make reasonable efforts to return any property they receive that doesn’t belong to them, Cammunity won’t be liable for any losses of or damage to the property.
3. Your Relationship With Us
3.1 This document and any documents referred to within (which we’ll refer to as the "Terms of Service") set out the terms of your relationship with us. Please make sure you read and understand these Terms of Service before using the Cammunity Service.
3.2 Additional terms will apply to you depending on whether you are a Borrower, Lender, Buyer or Seller. Please take a look at paragraph 9 if you are a Lender, paragraph 10 if you are a Borrower, paragraph 11 if you are a Seller and paragraph 12 if you are a Buyer.
3.3 By accessing and using the Cammunity Service, you agree to these Terms of Service. If you don’t agree to these Terms of Service, please don’t access or use the Cammunity Service.
4. Information About Us
4.1 Cammunity Ltd is a company registered in England, with its registered address at 203 Roslin House, London E1W 3EL.
5. Information About You
5.1 Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share information about you.
6. Eligibility to Use the Cammunity Platform
6.1 The Platform is offered and available to Users who are eighteen (18) years of age or older and who can form legally binding contracts. By using the Platform, you state that:
a. You are at least eighteen (18) years old;
b. You can form a binding contract with Cammunity and other Users;
c. You submitted accurate and truthful account, registration, identity, and verification information and documents; and
d. You meet all eligibility requirements. If you don’t meet all of these requirements, you must not access or use the Platform. Any use of the Platform by anyone under eighteen (18) is expressly prohibited.
7. Member Agreements
7.1 When conducting a Cammunity rental, hire, sale or purchase, you understand and agree to the Cammunity rules and these terms of service, effectively establishing that a rental or purchase took place between you and the other user in your arrangement, as well as a binding legal agreement between you and the other user identified in your rental conversation and/or rental invoice.
8. Cammunity Rules:
8.1 On top of the other requirements in these Terms and Conditions, this section describes all the rules rules that apply to your use of the Cammunity Service (the "Cammunity Rules").
8.2 When using the Cammunity Service please don’t:
a. circumvent, disable or interfere with any security related features of the Cammunity Service;
b. give any false or misleading information, impersonate any person or let any other person use the Cammunity Service under your name or on your behalf unless they’re authorised by you;
c. use the Cammunity Service if we’ve suspended or banned you from using it;
d. advocate, promote or engage in any illegal or unlawful conduct or conduct that causes theft, loss, damage or injury to any person or property;
e. promote or advertise any goods or services, other than equipment you, as a Lender or Seller, make available for hire through the Cammunity Service;
f. send any unsolicited marketing communications through the Cammunity Service
g. modify, interfere, intercept, disrupt or hack the Cammunity Service or misuse the Cammunity Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of the Cammunity Service or any user of the Cammunity Service's own equipment;
h. use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Cammunity Service in a way that sends more request messages to the Cammunity Service than a human can reasonably produce in the same period of time;
i. collect any data from the Cammunity Service other than in accordance with these Terms and Conditions;
j. submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue, offensive, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;
k. submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
l. use any User Content in violation of any licensing terms specified by the Lender;
m. other than leaving reviews about Lenders or equipment, submit or contribute any information or commentary about another person without that person's permission;
n. threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person (including but not limited to other users, and Cammunity employees);
o. enter into any agreement to buy, sell, lend or rent any equipment other than through the Cammunity platform with any other user who you initially met through the Cammunity Service. Going off-platform will limit our ability to grow and build our community of artists and creative workers, doing so is “Fee Avoidance” and you’ll be liable for an “avoidance fee” that’s double the fees avoided in each instance.
8.3 Not complying with the Cammunity Rules is a serious breach of these Terms and Conditions, and may result in our taking all or any of the following actions (which could come with or without notice):
a. immediate, temporary or permanent withdrawal of your right to use the Cammunity website or any other portion of the Cammunity Service;
b. immediate, temporary or permanent removal of any User Content;
c. issuing of a warning to you;
d. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
e. disclosure of information to law enforcement authorities as we feel is reasonably necessary.
8.4 The responses described in paragraph 8.3 aren’t limited, and we may take any other action we think is appropriate.
8.5 We won’t be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the platform or any services or items obtained through the platform or to your downloading of any material posted on it, or on any services linked to it. your use of the platform, its content and any services or items obtained through the platform is at your own risk.
9. Lender Specific Terms
9.1 As a lender, you’re responsible for ensuring that:
a. you have all necessary rights to hire out any equipment you advertise on the Cammunity platform, and that the Borrower's use of this equipment won’t infringe any other party's rights;
b. you deliver any hired equipment to the Borrower in accordance with the agreement you make with the Borrower;
c. any descriptions of the equipment you advertise for hire through the Cammunity Service are accurate and include all information relevant to the use of the equipment, including (where necessary):
1. notice of any defects, restrictions or other requirements that may apply to the use of the equipment; and
2. Any necessary instructions or notices that’ll let users know how to use the equipment safely;
d. the equipment you advertise on the Cammunity Service:
1. conforms to any pictures or descriptions you upload to the Cammunity Service;
2. is safe to use in accordance with any reasonable instructions you provide to the Borrower;
3. is fit for any purpose for which the equipment would normally be used, or any purpose communicated to you by the Borrower;
4. can be legally offered for hire.
9.2 You’ll be responsible for any damage the Borrower or any other person may suffer due to defects in the equipment they’ve borrowed from you, or by not complying with the requirements in paragraph 10.2.
9.3 You’re free to agree any other terms by which you hire equipment to a Borrower, including the price you wish to charge to the Borrower for hiring your equipment for the hire period (the "Hire Fee"). When you post equipment for hire on the Cammunity platform, you need to ensure that the Hire Fee you advertise on your listing is the total price payable for hiring your equipment, including any applicable taxes or costs of delivery.
9.4 Once you agree the terms on which you will lend equipment to a Borrower, you must not try to amend those terms (including the price) unless you have a valid, justifiable reason for doing so and the Borrower agrees to those amended terms.
10. Borrower Specific Terms
10.1 As a Borrower, when you agree to hire equipment with a Lender, the Lender gives you a limited right to use that equipment for the relevant hire period. This right is personal to you and you’re not allowed to give this right to any other person.
10.2 You’re responsible for making sure that that:
a. you’re legally allowed to use any equipment that you borrow through the Cammunity Service;
b. you comply with all applicable law when using the equipment;
c. you comply with any reasonable directions provided by the Lender in order to use the equipment safely;
d. you return the equipment in the same condition as it was in when you collected it from the Lender (any reasonable wear and tear excepted).
10.3 You’re free to agree with the Lender how you’ll return any equipment you’ve hired to the Lender; however, you must ensure that you return any equipment you’ve hired to the Lender before your hire period ends.
10.4 You’ll be responsible for any loss of or damage to the equipment you have hired. Please see paragraph 31 for more information about how we handle disputes between Borrowers and Lenders, including if the equipment is damaged, lost or stolen.
10.5 You can cancel a request to borrow equipment any time before the request is accepted by the Lender, or at any time up to 48 hours after the request is submitted, known as the ‘cooling off period’. There is no cooling off period if the request is within 48 hours of the start date. If you cancel before the request has been accepted, or within the cooling off period you will receive a full refund.
11. Seller Specific Terms
11.1 As a Seller, you must not offer to sell through the Cammunity Service anything outside of the previously stated equipment list. We may remove any equipment offered for sale from the Cammunity Service if we believe it’s illegal, immoral or damaging to our reputation.
11.2 You’re responsible for ensuring that:
a. you have all necessary rights to offer for sale any equipment you advertise on the Cammunity Service;
b. you deliver any bought equipment to the Buyer in-keeping with the agreement you reach with the Borrower;
c. any descriptions of the equipment you advertise for sale through the Cammunity Service are accurate and include all information relevant to the value of the equipment, including (but not limited to):
1. notice of any defects, repairs; and
2. knowledge of previous use which affects the value of the equipment;
d. the equipment you advertise on the Cammunity Service:
1. conform in all material respects to any pictures or descriptions that you upload to the Cammunity Service;
2. can be legally offered for sale.
11.3 You’ll be responsible for being aware of and complying with all applicable law regulating you as a Seller within the United Kingdom.
11.4 You’re free to agree any other terms on which you sell equipment to a Buyer, including the price you wish to charge to the Buyer for buying your equipment (the "Sale Price"). When you post equipment for sale on the Cammunity Service, you must ensure that the Sale Price you advertise on your listing is the total price payable for buying your equipment, including any applicable taxes or costs of delivery.
11.5 Once you agree the terms on which you’ll sell equipment to a buyer, you must not try to amend those terms (including the price) unless you have a valid, justifiable reason for doing so and the Buyer agrees to those amended terms.
11.6 You can remove a listing or cancel your agreement to sell equipment to a Buyer at any time before the Buyer has paid for the item. Once the Buyer has sent the payment, the ownership of the equipment is transferred to the Buyer and you are committed to delivering the equipment to them.
12. Buyer Specific Terms
12.1 As a Buyer, when you agree to buy equipment from a Seller, the Seller gives you ownership of the equipment in return for the agreed Sale Price. Your ownership of this equipment becomes effective once you have paid for the equipment. This right is personal to you and you’re not allowed to give this right to any other person.
12.2 You need to make sure that:
a. You’re legally allowed to buy any equipment that you purchase through the Cammunity Service;
b. You comply with all applicable law when buying equipment;
13. Account Registration
13.1 To access the Cammunity Service, including listing, requesting, renting, or purchasing a Listing, you must register or sign-up to create a Cammunity account (which we’ll refer to as “Cammunity Account”), by giving us your email address and creating a password.
13.2 After signing up as a User, you will have a User profile with a publically-viewable web address or URL (which we’ll refer to as “User Profile” or “Profile”). You’re responsible for maintaining the confidentiality of your login details and for any activities that occur under your Account. If you have any concerns that your Account may have been misused, please contact us at contact@cammunity.co.uk straight away to let us know.
13.3 If you register a Cammunity Account and use a business display name, business-owned domain email address, business profile photo, business Profile logo, and/or business social links on your Account, you agree and personally guarantee that you have the authority to bind the entity to this Agreement, and you agree that you, individually, and the business entity (including any and all of the business’ owners, officers, directors, agents, and joint venturers) are legally bound by the provisions of the Terms. You may not assign or transfer your Account and/or User ID to another party. You may not register more than one (1) Account unless authorised to do so.
14. Verification Procedure and Profile Tiers:
14.1 Before you message another User, or list, rent, or purchase a Listing, you’ll need to provide us with certain information and documentation. This includes, but is by no means limited to, identifying information and documentation about yourself and/or your business so that we can attempt to verify your identity and allow you to become a “Verified Member.” You must promise to provide complete and accurate information and documentation to us about yourself and/or your business, and fix any and all errors, once discovered, in information and documentation that you have given us us. Cammunity has the right, but no obligation, to undertake screenings, checks, and processes to help verify or check the identities and/or backgrounds of Users and associated businesses. Cammunity does not endorse any User (including User’s that create a business Profile), or the User’s background, or commit to undertake any specific verification or screening process, including but not limited to criminal background checks. We may, at our discretion, use third-party services to verify the information and documentation you provide us and obtain additional related information, documentation and corrections where applicable. You also authorise Cammunity to request, receive, use, and store this information and documentation. We may accept or reject your application to establish an Account and/or become a Verified Member at our discretion.
We may at times offer features enabling Users to apply for or to receive certain levels of membership (each one a “tier”) to be associated with your Cammunity Account. We may make certain features available, through which we may associate a tier and/or descriptions for Users that have provided information and documentation to us, including but not limited to a User’s
a. ID verification
b. Proof of address,
c. Email address
d. Phone number
e. Proof of insurance.
The display of a tier and/or description indicates only that a User has provided us with information to qualify for a tier at our discretion. Any and all tiers and/or descriptions do not designate, and Cammunity does not represent or warrant that;
a. we have verified that a User or Profile with a designated tier is the individual or business that they claim to be
b. that a User or Profile is in fact the person or business identified in any identification document that user has provided to us,
c. that we have taken any steps to run a criminal or other background check or otherwise make an assessment of a User’s (individual or business) integrity or character, or
d. we have verified that a User designated a given tier will offer any vendor services, including but not limited to delivery, an on-site technician, a prep space, or a backup Listing.
If you choose to provide us with certain information and documentation about yourself and/or your business to become a Verified Member and/or receive a tier status, you represent and warrant that:
a. any document, including a government-issued identification document, that you provide to us is an accurate and unaltered image of the original document that is without error, and
b. that you have all necessary permissions to provide these documents to us, and your submission of them will not violate any law or regulation or cause us to be subject to any investigation, prosecution or legal action. We may disclose your submitted document(s) or certain information and documentation, including personal information and documentation, you provide to our third-party service providers, investigators, and/or law enforcement agencies that may help us to detect inaccurate or fraudulent documents and related information. If you don’t consent to our disclosure of submitted information and documentation you provide, you must not provide them to us.
Cammunity Account verification features, involving a tier and/or description may be discontinued at any time without notice, and we’ve got the right to grant, rename and revoke a tier and/or tier description, or Verified Member status, for any User, at any time, and without any liability to Cammunity Ltd.
15. Changes to User Information and Documentation
15.1 You promise to update the information and documentation you’ve provided to us in the event of any changes to your identity information and documentation, contact information, or background. You promise to, and are solely responsible for, keeping your contact information up-to-date, as Cammunity may deliver notices to you at the most recent email, telephone, or address you’ve provided, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address, unless you provide updated contact information and documentation to us.
15.2 You promise to, and are solely responsible for, immediately reporting to Cammunity any and all of your felony criminal convictions and you agree that you have an ongoing duty to report any and all of your new felony criminal convictions. Cammunity doesn’t represent or warrant that we have taken any steps to run a criminal or other background check or otherwise make an assessment of a User’s (individual or business) integrity or character.
15.3 You agree that all information and documentation you provide to register with the Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
16. Listings and Listing Conditions
16.1 Lenders or Sellers must only upload photos that accurately represent the Listing that they are offering to rent to a Borrower, or to purchase by a buyer.
16.2 When prompted, Sellers are responsible for setting an accurate Listing condition from condition categories provided by Cammunity. Each condition category has a description that Sellers must review and select. Sellers can also provide any specific information about the condition of a Listing in the Listing description. If a Buyer doesn’t agree with the condition category that the Seller selected and/or the condition description that the Seller added, after the Buyer receives their purchased Listing, the Buyer can request to initiate a return to the Seller and a refund from the Seller within the refund period, which will be determined and provided by Cammunity or the Seller.
16.3 Lenders are responsible for setting a minimum coverage limit or accurate market value for their Listing (which we’ll refer to as “Replacement Value”). The Listing Replacement Value is displayed publicly on the Listing so that a Borrower knows of the Replacement Value before placing a rental request. Also, you, as a Lender, agree that a Borrower, an insurance company, and/or Cammunity doesn’t owe the Lender an amount for the repair or replacement in excess of the the Replacement Value that the Lender has set for Listing at the time the borrower submits a rental request for the Listing. Lenders may adjust a Listing Replacement Value at any time, except for when a Borrower has asked for a Listing or in an active rental. Cammunity will keep track of any adjustments in the Listing Replacement Value.
17. Your Right to Use the Cammunity Service
17.1 The materials and content that make up the Cammunity Service belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the Cammunity Service in accordance with these Terms of Service.
17.2 Your right to use the Cammunity Service is personal to you and you aren’t allowed to give this right to any other person. Your right to use the Cammunity Service does not stop us from giving other people the right to use the Cammunity Service.
17.3 Unless allowed by these Terms of Service or as permitted by the functionality of the Cammunity Service, you agree:
a. not to copy, or attempt to copy the Cammunity website or any other portion of the Cammunity Service;
b. not to give or sell or otherwise make available the Cammunity website or any other portion of the Cammunity Service to anybody else;
c. not to change, or attempt to change the Cammunity website or any other portion of the Cammunity Service in any way;
d. not to look for or access the code of the Cammunity website or any other portion of the Cammunity Service that we have not expressly published publicly for general use.
17.4 You agree that all confidential information, copyright and other intellectual property rights in the Cammunity website or any other portion of the Cammunity Service belong to us or the people who have licenced those rights to us.
17.5 You agree that you have no rights when it comes to the Cammunity website or any other portion of the Cammunity Service other than the right to use and access them in accordance with these Terms of Service.
18. Your Content
18.1 You confirm that any images, text or information that you upload to the Cammunity Service, including any reviews that you post about other users or equipment (collectively, your "User Content") will meet the Cammunity Rules.
18.2 We don’t claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the Cammunity Service (including allowing users that you give access to any User Content to view and use your User Content).
18.3 You need to make sure that you’re able to grant us the above licence for any content owned by a third party that you include in your User Content.
18.4 Our right to use your User Content does not in any way affect your privacy rights. Please see our Privacy Policy which provides information on how we use your personal information.
18.5 We’ve got the right to monitor any User Content and to reject, refuse or delete any User Content we think breaks any of the Cammunity Rules.
19. Ratings and Reviews
19.1 After a completed transaction, Cammunity Members can leave a publicly-displayed Profile review (“Review”) and submit a rating (“Rating”) about another Member. Ratings or Reviews reflect the opinions of individual Members and don’t reflect the opinion of Cammunity.
19.2 Ratings and Reviews aren’t verified for accuracy and may be incorrect or misleading.
19.3 Ratings and Reviews by Members must be accurate and may not contain any offensive or defamatory language.
19.4 Ratings and Reviews are subject to content terms in this Agreement and may be removed.
19.5 Ratings and Reviews may also be displayed elsewhere on the Platform together with other relevant information about the Member.
20. Reliance on Information Posted
20.1 The information presented on or through the Platform is made available solely for general information purposes. We don’t warrant the accuracy, completeness or usefulness of this information. Any reliance you place on this information is strictly at your own risk.
21. Notice and Takedown Policy
21.1 Any person may contact us by sending us a notice (an "Infringement Notice") if any content available through the Cammunity Service infringes their rights. The Infringement Notice should be sent by email to contact@cammunity.co.uk. Please give us the following information in the Infringement Notice:
a.your name and contact details;
b. a statement explaining in strong detail why you consider that the content available through the Cammunity Service infringes your rights or fails to comply with our Cammunity Rules; and
c.a link to or such other means of identifying the problematic content.
21.2 We’ll take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
22. Monitoring and Enforcement; Termination
22.1 We have the right to:
a. Remove or refuse to post any User Contributions for any or no reason at our discretion;
b. Take any action with respect to any User Contribution that we believe necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Platform or the public or could create liability for Cammunity;
c. Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform; and/or
d. Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of the Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
22.2 You waive and hold harmless Cammunity and its affiliates, licensees and service providers from any claims resulting from any action taken by Cammunity and/or any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either Cammunity Ltd or law enforcement authorities.
23. Cammunity Fees
23.1 If you’re a Lender, we’ll collect the Hire Fee from the Borrower on your behalf. Unless we’re unable to obtain payment from the Borrower, such as where their payment method is refused or our payment services provider determines that there is a risk of fraud, the Borrower will be charged and allows Stripe to process their Rental Payment.
23.2 As a Lender, you acknowledge and agree that we’ll remit the Rental Payment to you within 1-3 days from the date the Rental Period for the applicable Rental begins. We’ll also charge you a fee of 10% of the Hire Fee ("Lender Fee"), which we’ll deduct from the amount we transfer to you.
23.3 If you’re a Borrower, once you have agreed to hire equipment from the Lender, we’ll charge you the full Hire Fee on the Lender's behalf. In addition to the Hire Fee, we’ll also charge you an additional fee for your use of the Cammunity Service equal to 5% of the price you pay to the Lender to hire equipment ("Borrower Fee").
23.4 If you’re a Seller, we’ll collect the Sale Price from the Buyer on your behalf. Unless we’re unable to obtain payment from the Buyer, such as where their payment method is refused or our payment services provider determines that there is a risk of fraud, we’ll transfer you the Sale Price within a reasonable timeframe. We’ll also charge you a fee of 10% of the Sale Price (“Seller Fee”), which we’ll deduct from the amount we transfer to you.
23.5 If you’re a Buyer, once you have agreed to buy equipment, we’ll charge you the full Sale Price on the Seller’s behalf without an additional fee.
23.6 If we’re unsuccessful in charging the Hire Fee, Borrower Fee, Sale Price, Buyer Fee, Late Fee, Settlement Fee or any other amount to your credit or debit card, and have still not received payment within 7 days after informing you, we may suspend or temporarily disable all or part of your access to the Cammunity Service (without any responsibility to you), and we shall be under no obligation to provide any or all of the Cammunity Service while the amount concerned is unpaid. This doesn’t affect any other rights and remedies available to us or the Lender. If you chargeback a payment you were obliged to pay by the terms of this agreement, your account will be immediately suspended until the payment is re-paid, or the chargeback is cancelled.
24. Late Rental Drop-off Fees:
24.1 If you fail to return equipment by the agreed deadline you need to contact the Lender and/or Cammunity to notify them as soon as you are aware you’re going to miss the deadline. Rentals dropped off after the previously agreed upon time, are subject to a late drop-off fee that equals a one-day rental fee (including the Community Fee and any associated fees included within your initial agreement) for the Listing. The Borrower must immediately pay any late drop-off fee fees, which will be charged every 24 hours after late drop-off until the rental is returned to the Lender. Late rental drop-off fees are imposed at Lender's discretion and the Lender may not be able to accommodate the extension, in which case it’s your responsibility to get the equipment back to the lender within a timeframe that suits the Lender.
25. Rental Cancellation Policy:
25.1 You can remove a listing or cancel your agreement to lend equipment to a Borrower at any time up to 48 hours before the start of the relevant hire period. If you cancel an agreement to hire equipment to a Borrower less than 48 hours before the start of the hire period, we may charge you a cancellation fee equal to 20% of the relevant Hire Fee.
26. Buy & Sell Cancellation Policy:
26.1 An offer may be cancelled by the Buyer and the seller before or during the meetup for any reason. The Buyer will be issued a refund for the amount charged. If the Buyer wishes to cancel the transaction after payment has been confirmed at the meetup, the Buyer will be required to request a refund.
27. Buy & Sell 48-Hour Return Policy:
27.1 The Buyer has 48 hours to request a return and refund, for any reason, of their Listing purchase after they pick it up from the Seller. The Seller agrees to accept the return of the Listing from the Buyer, and agrees to send a full refund to the Buyer, if the Buyer requests a return and refund during these 48 hours. All sales are final 48 hours after the Buyer picks up the Listing, and any returns and refunds after this period are at Seller's discretion.
28. Avoidance Fee:
28.1 As noted in our Cammunity rules, the exchange of personal contact information before a rental request or offer has been accepted is not permitted. Any attempt to enter into an agreement to buy, sell, lend or rent any equipment other than through the Cammunity platform with any other user who you initially met through the Cammunity Service is strictly prohibited. Doing so is “Fee Avoidance” and you will be liable for double the fees avoided for each instance of doing so and this may also result in account suspension or termination. Any transaction initiated on Cammunity but completed off-site will not be protected by any of Cammunity’s policies or protections.
28.2 Cammunity Fee’s help cover payment processing, member vetting, hosting, our damage and theft coverage, and keep services as smooth as possible.
29. Use of Stripe for Payment Processing
29.1 Cammunity uses Stripe (“Stripe”) for payment processing. In order for you to use Stripe's payment processing service, you must enter into the Stripe Service Agreement (SSA)with Stripe and its sponsoring bank. The SSA is available at stripe.com. By accepting this Agreement, you acknowledge that you agree to the SSA.
29.2 Please note that Cammunity does not have control over Stripe and disclaims all liability with respect to it. Any issues with payments may need to be resolved with the payment processors directly. By enabling Stripe for use with Cammunuity, you grant us permission to access your data and take any other actions as required for the interoperation of Stripe and Cammunity, and any exchange of data or other interaction between you and Stripe is solely between you and Stripe.
30. Taxes
30.1 Cammunity can’t and doesn’t offer Tax-related advice to any Users. Please consult your tax consultant to determine tax treatment for your rental activities and retain all relevant documentation. This statement is provided for information purposes only and isn’t intended to constitute tax advice.
30.2 "Tax" or "Taxes" mean any sales taxes, income tax, value added taxes (VAT), goods and services taxes (GST), or any other taxes that the Lender or Seller may be required by law to collect and remit to governmental agencies.
30.3 You understand and agree that you’re solely responsible for determining
a. Your applicable Tax reporting requirements, and
b. The Taxes that should be included in a Listing price, and for including Taxes to be collected or obligations relating to applicable Taxes in your Listings.
30.4 You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where you’re located may require Taxes to be collected from Lenders and Borrowers, or Sellers and Buyers, on the amount paid for the right to use of Listings for a Cammunity rental, or on the amount paid for the right to purchase and obtain a Listing for a Cammunity purchase, and to be remitted to the respective Tax Authority. You’re solely responsible for remitting to the relevant authority any Taxes included or received by you.
31. Damage/Theft:
31.1 Cammunity considers any major scratches, scuffs, dents, broken pieces, or other major damage caused unintentionally or accidentally to be damage. Whether this damage is described as unintentional, not caused by other circumstances, or considered normal wear and tear is at the discretion of Cammunity.
31.2 The determination of whether a theft has occurred is also at the sole discretion of Cammunity, based on an investigation by law enforcement, provision of official incident report and Cammunity’s own investigation, which may include contracting investigative services by private investigators and other third-parties. All claims of theft require:
a. a copy of a filed incident report;
b. confirmation of the police report filing and a criminal investigation by law enforcement; and
c. any information or footage that can help provide details of the theft for Cammunity’s investigation of the claim.
31.3 Noted peripheral items included within a hire are also included in our damage/theft policies, and include, but aren’t limited to, batteries, battery chargers, cases, cables, caps, lens hoods, etc. If the Borrower damages and/or loses any peripheral items) included in the rental, within the Rental Period, the Borrower agrees to pay for the repair or replacement of the peripheral item(s).
32. Insurance Policies and Member Responsibilities
Disclaimer: Cammunity isn’t licensed in any country to be an insurance provider, broker, or agent.
32.1 We get that accidents happen. That’s why, to help protect both our Borrowers and Lenders, we require Borrowers and Lenders to purchase and provide proof of insurance prior to renting any equipment.
32.2 Cammunity doesn’t provide insurance or any other kind of coverage for damage, lost or theft. By renting through Cammunity you understand and agree that you must have adequate and applicable insurance. Further, by renting through Cammunity, you agree to provide Cammunity with an insurance certificate, generated by a licensed insurance provider, carrier, broker, or agent, that confirms your adequate and applicable insurance for rental of equipment, spaces, automobiles, and/or drones. Cammunity can’t provide claim processing support or dispute resolution for equipment rental or rental of spaces, automobiles, and/or drones.
32.3 Lenders and Borrowers are also bound by any and all applicable terms and policies of any insurance provider, carrier, broker, or agent involved in the transaction between the Lender and the Borrower. We recommend that you read and understand any policy documents which may apply to a rental.
IMPORTANT NOTICE: The damage limitations set forth below are subject to your compliance with all of your obligations under these Terms and conditions and the Cammunity Rules.
33. Disputes Between Borrowers and Lenders
33.1 We encourage users to resolve any disputes directly. If, as a Borrower, you’ve lost or damaged any equipment, you’re responsible for reimbursing the Lender immediately for the full value of repairing the equipment (if possible) or replacing it.
33.2 If you’re a Lender, we may ask you to provide proof of purchase, photos of any damage caused to equipment, or any other evidence to support your claim for reimbursement from a Borrower. Where you claim that a Borrower has damaged any equipment, we may also ask you to provide photos of your equipment from before it was given to a Borrower, to support your claim that any damage was caused by the Borrower (and was not present at the start of the hire period).
33.3 In the event that a Borrower and a Lender are unable to resolve a dispute between them directly, they can ask us to mediate the dispute. If we do mediate a dispute, we may charge a fee of up to 30% of any amounts that we, the Lender and the Borrower determine are payable by the Borrower to compensate the Lender for any loss or damage to the equipment. We’ll charge this amount to the Borrower in addition to any amounts the Borrower is required to pay to the Lender (together known as the “Settlement Fee”). If Cammunity mediates the dispute you agree to accept Cammunity’s conclusion and pay any amount which Cammunity determines you are liable for.
33.4 If you owe Cammunity or another user money through the terms of these Terms of Service you agree to pay the sum promptly and not more than 48 hours from it being requested. In the event that you do not pay the owed money within this timeframe, Cammunity may debit this amount from your card. In agreeing to these Terms you agree to allow us to do so and waive your right to chargeback this transaction with your bank.
34. Disputes Between Buyers and Sellers
34.1 We encourage users to resolve any disputes directly. If, as a Buyer, you’ve received any equipment which you feel is not in the condition that was advertised, or your equipment never arrived, please contact the Lender directly to try to reach a resolution. If the equipment does not arrive in the condition advertised, the Seller will be responsible for providing a refund or replacement according to the Buyers preference.
34.2 If you as a Buyer claim on our guarantee, we may ask you to provide photos or videos showing the condition of the equipment upon arrival or any other evidence to support your claim for reimbursement from the Seller. If as a Seller you wish to contest such a claim, we may ask for evidence of the condition of the equipment upon sending such as photos or videos.
34.3 In the event that a Buyer and Seller are unable to resolve a dispute between them directly, they can ask us to mediate the dispute. If we do mediate a dispute, we may charge a fee of up to 30% of any amounts that we determine are payable by the Buyer to compensate for an incorrectly advertised equipment. We will charge this amount to the Seller.
35. Cammunity Guarantee
35.1 If you’re unable to recover the cost of repairing or replacing any equipment or the estimated value of the item, we may reimburse you any such amounts provided you have adhered to these terms in full. The Cammunity Guarantee is exercised on a case-by-case basis at our discretion. If you’re unable to reach a resolution please report the details of your incident to contact@cammunity.co.uk and we’ll do all we can to reimburse you.
35.2 If you’re a Lender, if we agree to reimburse you under the Cammunity Guarantee, you must inform the Borrower that any amounts owed to the Lender will now be owed to us.
35.3 If you’re a Borrower, any payment we may make to the Lender under the Cammunity Guarantee will not affect your obligation to pay for the equipment that has been lost, stolen or damaged, but this obligation will be owed to us, rather than the lender.
36. Account Closure
36.1 If at any time you don’t feel that you can agree to these Terms and Conditions or any changes made to these Terms and Conditions or the Cammunity Service, you must immediately stop using the Cammunity Service.
36.2 You must notify us if you wish to close your Account by contacting us at contact@cammunity.co.uk, and we’ll end your use of the Cammunity Service.
36.3 We may immediately end your use of the Cammunity Service if you break the Cammunity Rules, any other important rule(s), or terms and conditions we set for accessing and using the Cammunity Service including these Terms and Conditions.
36.4 We may also withdraw any part of the Cammunity Service at any time and will notify you if we feel it will significantly affect your usage of the Cammunity Service.
36.5 If you or we end your use of the Cammunity Service or we withdraw Cammunity Service as described in this section, we may delete your User Content, any other information that you have uploaded to the Cammunity Service or any other information we hold about you. You’ll also lose any rights you have to use the Cammunity Service or to access our content or your User Content. You should therefore ensure that you keep a copy of any information or content you use on the Cammunity Service, as well as your User Content, as we’ll not offer you compensation for any losses you might suffer if you lose your rights to access and use the Cammunity Service or any such information, content or User Content.
36.6 The termination of your use of the Cammunity Service and the cancellation of your Account will not affect any of your obligations to pay any sums due to us.
36.7 Nothing in this paragraph 21 affects any legal rights you may have under the law of the country in which you’re resident.
37. Our Liability/Responsibility To You
37.1 While we’ll do our best to ensure that the Cammunity service satisfies a reasonable standard of quality and matches any descriptions we’ve provided you, any portion of the Cammunity Service may contain some content owned or developed by third parties. As we don’t own or produce such third party content, we can’t be responsible for it in any way.
37.2 In addition, due to the nature of the Internet and technology, the Cammunity Service is unfortunately provided on an "as available" and "as is" basis. This means that we’re unable to promise that your use of the Cammunity Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Cammunity Service in these Terms and Conditions and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
37.3 In the event of a claim arising out of the provision of the Cammunity Service, our responsibility to you will never be more than the amount you have paid us in the 12 months prior to the claim arising and, in the event that you have not paid us any money, we shall have no responsibility whatsoever to you.
37.4 In every case, we’ll never be responsible for any loss or damage that is not reasonably foreseeable.
37.5 The above does not affect your rights under the applicable law of the country in which you’re resident, including our responsibility to you for any personal injury or death caused by our negligence.
38. Release of Cammunity and Limitation on Liability
38.1 If you have a dispute with a Cammunity User, Authorised Person (including its affiliates or their licensors, service providers, employees, agents, officers or directors, or associates), or any third-parties (including but not limited related insurance carriers, insurance agents, and/or insurance companies), you release Cammunity, its affiliates or their licensors, service providers, employees, agents, officers or directors, from any and all claims, demands and damages (actual and consequential damages) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
38.2 In no event will Cammunity, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind arising out of, or in connection with, your use, or inability to use, the platform, any services linked to it, any content on the platform or other platforms or any services or items obtained through the platform or such other platforms, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if its foreseeable.
38.3 The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
38.4 The limitations of damages above are fundamental elements of the basis of the bargain between Cammunity and you. We would not provide the service without such limitations. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
39. Release and Waiver
39.1 In order to rent or purchase a Listing, you, the Borrower or Buyer, accept this Listing Release and Waiver, which is effective between you, the Borrower or Buyer, and Listing Lender or Seller as of the date when you first rent or purchase a Listing.
39.2 You state that you are eighteen (18) years of age or older. If you’re allowing a minor to be in the presence of and/or use of the Listing, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of the Rental Period or after your purchase, and have read this Release and Waiver and agree to it on the minor’s behalf. If you’re renting or purchasing a Listing on behalf of another person or company, you’ll ensure, and you represent and warrant, that each person or company on whose behalf you book has read and agreed to this Listing Release and Waiver, which will apply to each of them as if the reference to “you” was a reference to him/her.
39.3 You understand and acknowledge that the Listing may be hazardous and may carry the risk of injury or illness, including but not limited to physical injury, property damage, sickness disability, permanent paralysis, and death. To the maximum extent permitted under applicable law, you knowingly, voluntarily and freely assume all risks, both known and unknown, of renting or purchasing a listing, including each item that a lender or seller rents or sells to you, even if those risks arise from the negligence or carelessness of the lender, seller, or others, or defects in the equipment, premises, or facilities used during the rental or after the purchase, or otherwise, and you assume full responsibility for participation in the rental or purchase of the listing.
39.4 Release and Waiver: As a Borrower or Buyer, you acknowledge and agree that:
a. You’ve reasonably assessed the risks involved in the rental or purchase and have made an informed and voluntary choice to participate in the rental or purchase;
b. You alone, and not the Listing Lender or Seller, are responsible for determining your fitness for participating in the rental or purchase and your ability to fully understand any directions or warnings presented;
c. You’ll not participate in any rental or purchase when you have a physical, medical, or mental limitation or disability that may be relevant or may affect to the use the Listing that you’re renting or purchasing, or when you’re aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in the rental or purchase; and
d. You’ll act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the rental or purchase. If you notice any hazard during a Rental Period, you’ll stop participating in the rental immediately and inform the listing Lender.
39.5 To the maximum extent permitted by law, you release and promise not to sue the listing lender or listing seller for any claims, demands, causes of action, losses (whether economic or non-economic), damages, expenses, costs or liability of any nature whatsoever arising from or in connection with your rental or purchase, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory.
39.6 You intend this Listing Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the remainder notwithstanding shall continue in full force and effect.
40. Disclaimer of Warranties
40.1 To the maximum extent permitted by law, listing Lenders or listing Sellers provide their listings “as is,” without warranties of any kind, whether expressed or implied.
40.2 Without limiting the foregoing and to the maximum extent permitted by law, listing Lenders or listing Sellers expressly disclaim any warranties of safety, fitness for a particular purpose, quiet enjoyment, and as to the adequacy of the directions and warnings provided to you.
41. Indemnification
41.1 You agree that if, despite this Listing Release and Waiver, you or anyone on your behalf make a claim against the Listing Lender or Seller relating to a Listing rental or purchase, you will indemnify and hold the Listing Lender or Seller harmless from any liability, demand, loss, damage, or costs which the lender or seller may incur as the result of such claim.
41.2 You affirm that you have read this agreement, including this release of Cammunity and limitation on liability section and fully understand the assumption of risk, release, waiver, and limitation on Cammunity’s liability, and consent contained in it. You further understand that you’ve given up rights by agreeing to these terms, and have done so freely and voluntarily and without inducement.
42. Changes to the Cammunity Service
42.1 We’re constantly updating and improving the Cammunity Service to try and find ways to provide you with new and innovative features and services.
42.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Cammunity Service, or feature relating to the Cammunity Service ("changes to the Cammunity Service''). These changes to the Cammunity Service may affect your past activities on the Cammunity Service, features that you use, your User Content and any other information you submit to the Cammunity Service ("Service Elements"). Any changes to the Cammunity Service could involve your Service Elements being deleted or reset.
42.3 You agree that a key characteristic of the Cammunity Service is that changes to the Cammunity Service will take place over time and this is an important basis on which we grant you access to the Cammunity Service. Once we have made changes to any part of the Cammunity Service, your continued use of the Cammunity Service will show that you have accepted any changes to the Cammunity Service. You’re always free to stop using the Cammunity Service.
43. Apple App Store Provisions
43.1 Paragraph 28 applies where the Cammunity App has been developed, released and downloaded from the Apple App Store.
43.2 You acknowledge and agree that these Terms and Conditions are solely between you and Cammunity, not Apple, Inc. ("Apple") and that Apple has no responsibility for the Cammunity App or content thereof. Your use of the Cammunity App must comply with the App Store Terms of Service.
43.3 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Cammunity App. In the event of any failure of the Cammunity App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Cammunity App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Cammunity App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions and any law applicable to Cammunity as provider of the Cammunity App.
43.4 You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Cammunity App or your possession and/or use of the Cammunity App, including, but not limited to:
a. product liability claims;
b. any claim that the Cammunity App fails to conform to any applicable legal or regulatory requirement; and
c. claims arising under consumer protection or similar legislation;
and all such claims are governed solely by these Terms and Conditions and any law applicable to Cammunity as provider of the software.
43.5 You acknowledge that, in the event of any third party claim that the Cammunity App or your possession and use of that Cammunity App infringes that third party’s intellectual property rights, Cammunity, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.
43.6 You represent and warrant that :
a. you’re not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
b. you’re not listed on any U.S. Government list of prohibited or restricted parties.
43.7 You and Cammunity acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and Conditions as relates to your licence of the Cammunity App, and that, upon your acceptance of the terms and conditions of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as relates to your licence of the Cammunity App against you as a third-party beneficiary.
44. Other App Marketplaces and Platforms
44.1 Paragraph 27 applies where the Cammunity App has been developed, released and downloaded from any app store or distribution platform other than the Apple App Store, including the Google Play Store (the "Distribution Platform "):
a. you acknowledge that these Terms and Conditions are between you and Cammunity, and not with the provider of the Distribution Platform ("Store Provider");
b. your use of the Cammunity App must comply with the Store Provider’s then-current Distribution Platform Terms of Service;
c. the Store Provider is only a provider of the Distribution Platform where you obtained the Cammunity App;
d. Cammunity, and not the Store Provider, is solely responsible for the Cammunity App;
e. the Store Provider has no obligation or liability to you with respect to the Cammunity App or these Terms and Conditions; and
f. you acknowledge and agree that the Store Provider is a third-party beneficiary to these Terms and Conditions as it relates to the Cammunity App.
45. Changes to the documents
45.1 We reserve the right to modify the Platform or revise and update the Terms (along with our Cammunity Rules and Privacy Policy) from time to time, at our sole discretion. If we modify the Terms, we’ll update the “Last Modified” date at the top of the Terms and send an email to the email address that each User submitted and/or post a notification on the Platform regarding the modification on the Platform.
45.2 By continuing to access or use our Platform after we have posted a modification and/or have provided you with notice of a modification, you’re indicating that you agree to be bound by the modified Terms.
45.3 All changes are effective immediately when we post them, and apply to all access to and use of the Platform after. If the modified Terms are not acceptable to you, your can to stop using and accessing the Platform and close your Account within 30 days, in which case the previous effective version of our terms (including the “Terms of Use,” last modified on 31st of June, 2020) will apply to you, unless you have used the Platform during the intervening 30-day period, in which case the new Terms will apply to you.
45.4 You hereby waive any and all claims and rights with respect to notice of changes to the Terms (along with our Cammunity Rules and Privacy Policy) or other associated policies. In addition, some services offered through the Platform may be subject to additional terms and conditions distributed by Cammunity from time to time and your use of such services is subject to those additional terms, conditions and policies, which are incorporated into this Agreement by this reference.
45.5 Changes will usually occur because of new features being added to the Cammunity Service, changes in the law or where we need to clarify our position on something.
46. Documents that apply to our relationship with you
46.1 The current version of these Terms and Conditions contains the only terms and conditions that apply to our relationship with you.
46.2 We intend to rely on these Terms and Conditions when setting out the written terms of our agreement with you for the provision of the Cammunity Service. If part of these Terms and Conditions can’t be enforced then the remainder of these Terms and Conditions will still apply to our relationship.
46.3 If you don’t comply with these Terms and Conditions and we don’t take action immediately, this doesn’t mean we’ve given up any right we have and we may still take action in the future.
47. Law
47.1 English law will apply to all disputes and the interpretation of these Terms and Conditions. If we need to apply to court to enforce any part of these Terms and Conditions against you or resolve any other dispute between us arising from or related to your use of the Cammunity Service, we will initially seek to apply to the English courts. This does not affect your rights under the law of the country in which you are resident, including your right to have a dispute in relation to your use of the Cammunity Service heard in the courts of that country.
48. Contact, Feedback and Complaints
48.1 If you need to contact us in relation to these Terms and Conditions or any other document mentioned in them, please email us at contact@cammunity.co.uk.
48.2 We value hearing from our users, and are always interested in learning about ways we can improve our service. By providing your feedback you agree that you’re giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
49. Trademarks
49.1 While we advocate and promote industry partnership and affiliation, the Cammunity name, the term “Cammunity,” the Platform, Cammunity logo and all related names, logos, product and service names, designs and slogans are trademarks of Cammunity or its affiliates or licensors. You must not use such marks without the prior written permission of Cammunity. All other names, logos, product and service names, designs and slogans on the Platform are the trademarks of their respective owners.
50. Linking to the Platform and Social Media Features
50.1 You may link to our homepage, as long as you do so in a way that’s fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in a way that suggests any form of association, approval or endorsement on our part without our express written consent. The Platform may provide certain social media features that enable you to:
a. Link from your own or certain third-party services to certain content on the Platform;
b.Send emails or other communications with certain content, or links to certain content, on the Platform; and/or
c. Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party services. You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
50.2 Subject to the foregoing, you must not:
a.Establish a link from any Platform that is not owned by you;
b.Cause the Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
c.Link to any part of the Platform other than the homepage; and/or
d.Otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of the Terms. The Platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.
51. Links from the Platform
51.1 If the Platform contains links to other sites and resources provided by third parties, these links are provided for your use only. This includes links contained in advertisements, including online advertisements, promoted Listings, and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party services linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such services.
52. Geographic Restrictions
52.1 Cammunity Ltd, the owner of the Platform, is based in the United Kingdom, and we provide the Platform for use only by persons located in the United Kingdom.
52.2 We make no claims that the Platform or any of its content is accessible or appropriate outside of the United Kingdom.
52.3 Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
53. Indemnification
53.1 You agree to defend, indemnify and hold harmless Cammunity, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services and products other than as expressly authorized in the Terms or your use of any information obtained from the Platform.