Terms of Use

Last updated on 27/04/2023.

To make it easier for you to understand the terms on which we provide our services, we’ve tried to keep these terms of use (Terms) as simple as possible by using plain English.
When we talk about “Snail Mates”, “we,” “our,” or “us” in these Terms, we are referring to Snail Mates Pty Ltd, an Australian business with ABN 44 641 257 534. When we talk about the “Services” in these Terms, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.
If you access or download our mobile application from the Apple App Store or the Google Play Store, you agree (as may be applicable) to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

1.1 THESE TERMS
(a) These terms will apply to Trip Bookings you make with us on the phone, via email, on the Snail Mates mobile application (App) or on our website located at www.snailmates.com and www.snailmates.com.au (Website).
(b) For the purposes of these terms, each agreement, quote or order you make via the App, on the Website, on the phone or via email with us is a booking form (Trip Booking).
(c) You will be taken to have accepted these Terms if you:
(i) click a tick-box button, switch or other form as used from time to time indicating that you agree to them;
(ii) submit a Trip Booking after receiving or becoming aware of these Terms; or
(iii) otherwise indicate your agreement to the Terms.
(d) You acknowledge and agree that these Terms will continue to apply every time you use the App or Website. After you have accepted the Terms, we will assume that you continue to accept the Terms while subsequently using the App or Website, unless you indicate otherwise.
(e) We may update these Terms from time to time, in which case we will send you a notice via the App or a Website and your continued use of the App or the Website following such notice will constitute your acceptance of the updated terms.

1.2 TRIP BOOKING FORM, PRECEDENCE
(a) These Terms will apply to all Trip Bookings together with any additional terms included in such a Trip Booking (provided such additional terms are recorded in writing).
(b) In the event of any inconsistency between these Terms and any Trip Booking, these Terms will prevail to the extent of such inconsistency.

(a) In order to make a Trip Booking via the App or Website, you will need to sign up for an account (Snail Mates Account).
(b) In order to sign up for a Snail Mates Account, you must be at least 18 years old.
(c) As part of the Snail Mates Account registration process and as part of your continued use of the App, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, photographs, mobile phone number, bank account information, and other information as determined by us from time to time.
(d) When you register for a Snail Mates Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
(e) You agree that you’re solely responsible for:
(i) maintaining the confidentiality and security of your Snail Mates Account information and your password; and
(ii) any activities and those of any third party that occur through your Snail Mates Account, whether those activities have been authorised by you or not.
(f) You also agree to let us know if you detect any unusual activity on your Snail Mates Account as soon as you become aware of it.
(g) We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Snail Mates Account information or your password.
(h) Snail Mates may, in its absolute discretion, suspend or cancel your Snail Mates Account for any reason, including for any failure to comply with these terms.

(a) By making a Trip Booking you represent and confirm that you have the legal capacity and are of sufficient age to enter into a binding contract with us.
(b) If you are making a Trip Booking on behalf of another individual, company or organisation you warrant that you have the necessary authority from that individual, company or organisation to do so.

As a User, you agree:
(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
(b) to not share your Snail Mates Account with any other person and that any use of your Snail Mates Account by any other person is strictly prohibited. You must immediately notify Snail Mates of any unauthorised use of your Snail Mates Account, password or email, or any other breach or potential breach of the App's security;
(c) to not use the App for any purpose other than for the purpose of making arrangements to receive services, including by not using the App:
(i) in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
(ii) in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Snail Mates;
(d) not to act in any way that may harm the reputation of Snail Mates or associated or interested parties or do anything at all contrary to the interests of Snail Mates or the App;
(e) not to make any automated use of the App and you must not copy, reproduce, translate, adapt, vary or modify the App without the express written consent of Snail Mates;
(f) that Snail Mates may change any features of the App or Services offered through the App at any time without notice to you;
(g) that information given to you through the App, by Snail Mates or another User, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
(h) that Snail Mates may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 4.

(a) Once you have registered a Snail Mates Account, you may set up a profile on the App (Profile).
(b) You may provide the following information in your Profile:
(i) photo of yourself;
(ii) bio;
(iii) age;
(iv) country of origin; and
(v) your preference to be:
(A) a driver and a passenger of a campervan for a Trip Booking (Driver); or
(B) only a passenger of a campervan for a Trip Booking (Passenger).
(c) You must not provide any contact details in your Profile. If you do include contact details in your Profile, clause 12 will apply.
(d) You are only entitled to create one Profile, which must be for you as an individual. If you create a Profile for more than one person, it will be deleted and any money you have paid will not be returned to you.
(e) If you are traveling with friends or a partner, you must each have your own individual Profile.
(f) You acknowledge and agree that:
(i) any information provided as part of your Profile will be visible to other Users; and
(ii) any information you supply in a Profile must be true, timely and accurate.

6.1 ORGANISING A TRIP
(a) Once a User has created a Profile, he or she may post a request for other Users to join a Trip Booking (Trip Request) through the App (Trip Organiser).
(b) Prior to posting a Trip Request, the Trip Organiser is required to pay the initial deposit as set out in the App (Initial Deposit).
(c) The Trip Organiser must include the following information in the Trip Request:
(i) Departure location;
(ii) Arrival location;
(iii) Departure date;
(iv) Arrival date;
(v) Stopover points;
(vi) Required number of User’s to join the Trip Booking;
(vii) If they want to be a driver or a passenger;
(viii) The preferred transmission of the vehicle (if driving option is selected); and
(ix) General information about the Trip Booking.
(d) The Trip Organiser must not include their contact details in the Trip Request. If the Trip Organiser includes their contact details, the conditions set out in clause 12 will apply.
(e) To join a Trip Booking, a User must either:
(i) respond to the Trip Organiser via the Trip Request (Joining Request); or
(ii) be invited by the Trip Organiser to join the Trip Booking (Invite Request).
(f) The following terms apply to a Joining Request:
(i) the Trip Organiser must accept or decline a Joining Request within 24 hours of such request being made; and
(ii) if the Trip Organiser does not accept or decline a Joining Request within 24 hours, the Joining Request will automatically be declined.
(g) The following terms apply to an Invite Request:
(i) the User must accept or decline an Invite Request within 24 hours of such request being made; and
(ii) if the User does not accept or decline an Invite Request within 24 hours, the Invite Request will automatically be declined.
(h) If a User’s Joining Request is accepted, or the User accepts an Invite Request, the User must pay the Initial Deposit as set out in the App. Once the User pays the Initial Deposit, they are deemed to have joined the Trip Booking (Trip Member).

6.2 GROUP BOOKINGS
(a) Users may form groups with other Users (Groups) and make booking requests or trip requests together (Group Booking).
(b) To join a Group each User must have their own Profile.
(c) A Group Booking is created by inviting other Users to join a particular Trip Booking together.
(d) To join a Trip Booking as a Group, a Group member must perform the following actions:
(i) make a Group Joining Request to a Trip Organiser (via the “Join with friends” button);
(ii) send an Invite Request to other members of the Group for acceptance.
(e) A Trip Organiser cannot accept only one User from the Group, but must accept or decline the whole Group.
(f) If a Group member wishes to leave the Trip Booking, that Group member can leave the Trip Booking as an individual and all other Group members will remain as a participant of the Trip Booking (unless they also choose to leave).
(g) For the avoidance of doubt, if you make payment on behalf of a Group member, and that Group member leaves a Trip Booking after it has become finalised, you will not be entitled to any refund.

6.3 FINALISING A TRIP
(a) A Trip Booking will become finalised:
(i) when the required number of Trip Members have paid the Initial Deposit and have joined the Trip Booking; or
(ii) 2 weeks prior to the departure date.
(b) If a Trip Booking does not finalise, the refund process set out in clause 8.1 applies.
(c) If the Trip Booking is finalised in accordance with clause 6.3(a)(ii) and the required amount of Trip Members has not been achieved:
(i) the Trip Members can all agree to proceed with the Trip Booking with less people; or
(ii) the Trip Members can elect to not proceed with the Trip Booking and the refund process set out in clause 8.1 will apply.
(d) Once a Trip Booking becomes finalised in accordance with clause 6.3(a)(i) or 6.3(c)(i):
(i) each Trip Member must pay their portion of the balance of Fees owing for the Trip Booking within 24 hours (Final Amount); and
(ii) the campervan will be booked by Snail Mates;
(iii) The Initial Deposit becomes non-refundable (subject to clause 8.1);
(iv) Snail Mates will provide the Trip Members with details for the collection of the campervan, including collection location (Collection Point), date and time (Collection Time);
(v) the Trip Member’s contact details will be shared with the other Trip Members;
(e) If a Trip Member fails to pay the Final Amount within 24 hours:
(i) they will be deleted from the Trip Booking;
(ii) their Initial Deposit will not be refunded; and
(iii) the Trip Booking will be again available to for other Users to join, provided it does not contradict clause 6.3(a)(ii).
(f) In the event a Trip Member does not comply with clause 6.3(d)(i), that Trip Member will be removed from the Trip.
(g) If a Trip Member fails to attend the Collection Point at the Collection Time, that Trip Member will be unable to participate in the Trip Booking and is not entitled to a refund.

6.4 PRICING
(a) The price of a Trip Booking is that stated on the App or Website at the time of making a Trip Booking (Fees).
(b) You acknowledge and agree that:
(i) the Fees are set by each Campervan Hire Company and subject to availability, and changes based on factors such as currency fluctuations, fuel price variations and tax increases;
(ii) the Fees include a commission payable to us (Commission);
(iii) the Fees do not include costs such as petrol, campsite fees, any applicable security bond, camping equipment, navigators, premium insurance and any other additional goods or services provided by a Campervan Hire Company (Additional Costs);
(iv) we may vary or withdraw a Fee at any time without prior notice to you;
(v) the Fees quoted are based on the information which you submit to us, and we may vary the prices, if that information is incorrect; and
(vi) the Fees we quote to you is only guaranteed once you and all other Trip Members pay for a Trip Booking in full and we confirm your Trip Booking and the price in writing.
(c) In the event that we discover an error or inaccuracy in the price at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

6.5 TRIP MEMBER OBLIGATIONS
If you are a Trip Member, you acknowledge and agree that:
(a) you must bring valid ID for van collection;
(b) You must comply with any terms and conditions provided by the Campervan Hire Company, even if you are not a Driver.
(c) if you have elected to be a Driver, your driver’s licence is:
(i) complaint with any applicable laws in the State, Territory or Province of travel; and
(ii) compliant with any requirements of the Campervan Hire Company.
(d) you are willing to contribute to costs associated with the campervan hire, including campsite fees, petrol and any other shared costs;
(e) you and the other Trip Members to a relevant Trip Booking are responsible for organising and paying for any Additional Costs;
(f) you accept any risk associated in agreeing to travel with other Trip Members, and no refunds will be provided for change of mind;
(g) it is entirely your responsibility to meet any health requirements and recommendations associated with your travel destination; and
(h) you might be denied entry to some States, Territories or Provinces if you do not present certain health-related documentation (such as proof of vaccinations).

6.6 GENERAL
(a) If the Trip Organiser leaves the Trip Booking, the first Trip Member who joined the Trip Booking will become the Trip Organiser. If the first Trip Member also leaves the Trip Booking, the second Trip Member who joined the Trip Booking will become the Trip Organiser.
(b) You cannot participate in more than one Trip Booking at the same time. If you have booked a Trip Booking for a particular period of time, you cannot create a new or join another Trip Booking during such time.
(c) If you pay for yourself and another Trip Member, you are responsible for all consecutive payments for both you and that Trip Member to Snail Mates.
(d) Each Trip Member must sign the hire agreement provided by a Campervan Hire Company.
(e) You acknowledge and agree that you are hiring the campervan collectively with the other Trip Members, and each Trip Member’s name is required to be listed on the rental agreement with a Campervan Hire Company (Campervan Hire Company).
(f) The Campervan Hire Company may require presentation of a credit card at the Collection Time for a Trip Booking. It is your responsibility to ensure that you have a credit card.
(g) If you do not specify that you prefer an automatic transmission of the vehicle, you will be offered an available vehicle with any type of gearbox.
(h) If your Profile lists you as a Driver, you will be automatically listed as a Driver in any Trip Request you make, or Joining Requests or Invite Requests you respond to. If you wish to be listed as a Passenger for future Trip Bookings, you must amend your Profile.
(i) In the case of any breakdown, late returns or accidents you must deal directly with the Campervan Hire Company and Snail Mates is not liable for any such event.

6.7 CHAT
(a) The chat function within the app is designed to facilitate communication between individuals seeking to meet others for travel purposes.
(b) We do not guarantee the accuracy or authenticity of any user's profile, and we are not responsible for any actions taken by users within or outside of the chat platform.
(c) Users are advised to exercise caution and discretion whilst communicating and when meeting others.
(d) We reserve the right to modify or terminate the chat platform or any user's access to it at any time, without prior notice or liability.

7.1 FEES AND CONSEQUENCES OF LATE PAYMENT
(a) You must pay to Snail Mates Fees in the amounts and at the times set out in the Trip Booking. You acknowledge and agree that you are responsible for all bank and Payment Provider fees.
(b) Snail Mates reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express.
(c) You acknowledge and agree that, unless you comply with clause 7.1(a) you may lose your Trip Booking, including any deposits already paid, and/or your Trip Booking may be subject to price increases and additional costs.

7.2 PAYMENT METHODS
We may use third-party payment providers (Payment Providers) to collect payments. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
7.3 GST
Unless otherwise indicated, amounts stated in a Trip Booking are exclusive of all taxes, including GST.

8.1 IF A TRIP BOOKING DOESN’T PROCEED
(a) If a Trip Booking does not proceed in accordance with clause 6.3(c)(ii), you may:
(i) request a refund for the Initial Deposit to Snail Mates by contacting us at support@snailmates.com with your phone number and details; or
(ii) apply the Initial Deposit as a credit to another Trip Booking.
(b) If you request a refund in accordance with clause 8.1(a)(i), we will endeavour to process the refund within 21 days of the request, to the original method of payment.
(c) You are responsible for all fees (such as bank, Payment Providers and credit card surcharges associated with any refund.

8.2 GENERAL
(a) Except as otherwise set out on our App or required by law (including the Australian Consumer Law), we generally don’t offer refunds for any Trip Bookings and any refunds we issue will be solely at our discretion.
(b) Where your booking was made directly through Snail Mates and you are entitled to a refund from the Campervan Hire Company, we will assist you in the recovery process of your refund.
(c) You acknowledge and agree that as you are only contributing a portion of the cost of the Trip Booking with other Trip Members, your specific circumstances may not qualify for a refund, and such refunds are to be provided at the sole discretion of the Campervan Hire Company.
(d) We are not required to credit the refund back to you until we have received it from the relevant Campervan Hire Company, however we will endeavour to credit the refund within a reasonable amount of time.
(e) We reserve the right to deduct any fees due to us from the relevant refund prior to crediting it back to you. We will credit any amount due to you as a refund back to your original method of payment

(a) Once a Trip Booking has been finalised:
(i) no further changes can be made; and
(ii) it is unable to be cancelled.
(b) Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.

(a) You acknowledge and agree that we do not provide campervan hire services ourselves and that the terms and conditions of a Campervan Hire Company (including cancellation and no-refund policies) (Campervan Hire Company Terms) will apply to all Trip Bookings you make through us.
(b) You acknowledge that a Campervan Hire Company may change or withdraw their prices without notice prior to you purchasing the relevant goods and/or services from them.
(c) Where you are entitled to a refund from a Campervan Hire Company, we will endeavour to credit the refund back to you within a reasonable time. You agree that we have no obligation to issue you a refund before we receive it from the Campervan Hire Company.
(d) We will not be liable for any loss or damage suffered by you in connection with any Campervan Hire Company Terms, including where any information provided by a Campervan Hire Company is incomplete or inaccurate. If, for any reason (excluding fault on our part), any Campervan Hire Company is unable to provide the services for which you have contracted, your rights are against that provider and not against us.
(e) You acknowledge and agree that if you wish to cancel a Trip Booking in accordance with clause 8, any change and cancellation fees charged by the relevant Campervan Hire Company also apply. You agree to indemnify Snail Mates in relation to any Campervan Hire Company fees that may arise in connection with you changing or cancelling a Trip Booking with a Campervan Hire Company, except to the extent any such fees arose because of a breach by us of these Terms.
(f) You must take all reasonable steps to seek out and familiarise yourself with Campervan Hire Company Terms that are applicable to your Trip Booking. We will take all reasonable steps to provide you with PDF copies of, or URL links to, any Campervan Hire Company Terms that will apply to you.
(g) Once the Trip Booking is finalised, you acknowledge and agree that if you refuse to sign the standard hire agreement provided by the Campervan Hire Company for any reason (including but not limited to loss of driver’s licence, invalid driver’s licence, you cannot present a credit card, you don’t like the campervan, you don’t like the other Trip Members or you are under age), you are not entitled to a refund.

11.1 USER INTERACTIONS
The App allows you to create Profiles, Trip Booking Requests and interact with other Users. You acknowledge and agree that:
(a) Snail Mates will not monitor every post or communication between Users on the App;
(b) all posts and all and communication between Users must not breach any of the “User Obligations” set out in clause 4;
(c) we reserve the right to remove any post on the App at our absolute discretion; and
(d) we reserve the right to deactivate and remove any User at our absolute discretion.

11.2 WARRANTIES
(a) By providing or posting any information, materials or other content in connection with the App (Posted Material), you represent and warrant that:
(i) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
(ii) the Posted Material is accurate and true at the time it is provided;
(iii) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(iv) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(v) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
(vi) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
(vii) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the App or any network or system; and
(viii) the Posted Material does not breach or infringe any applicable laws.
(b) We don’t have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.

11.3 LICENCE
(a) You grant to Snail Mates a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Snail Mates to use, exploit or otherwise enjoy the benefit of such Posted Material.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Snail Mates from any and all claims that you could assert against Snail Mates by virtue of any such moral rights.
(c) You indemnify Snail Mates against all damages, losses, costs and expenses incurred by Snail Mates arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.

(a) Users are strictly prohibited from directly or indirectly attempting to circumvent payment of our fees and Commission in any way.
(b) This includes, for example, the following practices which re strictly prohibited:
(i) contacting another User with an intention to hire a campervan outside of the App;
(ii) contacting a Campervan Hirer Provider with other Users to hire a campervan outside of the App; or
(iii) entering your contact details in your Profile so it is visible to other Users.
(c) If a User is found to breach this clause 12, Snail Mates may remove them from the App and delete the User’s Snail Mates Account and Profile. No refunds will be given in this case.

We’ll need you to make a few promises about the way you’ll use the Services.
You agree:
(a) not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;
(b) not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(c) not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
(d) not to attempt to breach the security of the Services or Snail Mates’ system security, or otherwise interfere with the normal function of the Services, including by:
(i) gaining unauthorised access to Company Accounts or data about other users of the Services;
(ii) scanning, probing or testing the Services for security vulnerabilities;
(iii) overload, flood, mailbomb, crash or submit a virus to the Services or Snail Mates’ system; or
(iv) instigate or participate in a denial-of-service attack against the Services or Snail Mates’ system; and
(e) to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Services comply with the Terms.

(a) Unless we indicate otherwise, all materials used in the Services (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.
(b) You can only access and use these materials for the sole purpose of enabling you to use the Services in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.

(a) The Services may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
(b) The Services may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.

You acknowledge that the Services are dependent on software and hardware developed by third party providers such as Apple and Google. If following an update by such third party provider, the Services can no longer function as they did prior to the update, we will not (to the maximum extent permitted by law) be liable to you for any loss or damage you might suffer as a result.

The Services are made available to you strictly on an ‘as is’ basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:
(a) the Services will be free from errors or defects;
(b) the Services will be accessible or available at all times;
(c) messages sent through the Services will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Services will be secure or confidential; or
(e) any information provided through the Services is accurate or true.

We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this agreement or a Trip Booking are excluded.
(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

(a) Snail Mates is a medium that facilitates the booking and payment of Users and Campervan Hire Companies for the purposes of booking campervans for travel around Australia and/or New Zealand. Snail Mates simply collects a service fee or Commission in consideration for providing this facilitation service and does not have any obligations or liabilities to, and is not a party to any contract between, Users and any Campervan Hire Company in relation to such services or otherwise resulting from the introduction.
(b) (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of Snail Mates to the User in respect of loss or damage sustained by the User under or in connection with this agreement is limited to the total Fees paid to Snail Mates by the Client in the 6 months preceding the first event giving rise to the relevant liability.
(c) (Indemnity) The User agrees at all times to indemnify and hold harmless Snail Mates and its officers, employees, agents and contractors (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the User or the User’s officers’, employees’, agents’ or contractors’:
(i) breach of any term of this agreement; or
(ii) negligent, fraudulent or criminal act or omission.
(d) (Consequential loss) Snail Mates will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by Snail Mates, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.

You agree to be bound by the clauses outlined in Snail Mates’ Privacy Policy, which can be found https://www.snailmates.com/privacy-policy.

(a) Snail Mates controls the operation of the Services from headquarters located in Australia. Some Services or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.
(b) We make no representation or warranty that all of the features of the Services will be available to you outside of Australia or that they are permitted to be accessed outside Australia.
(c) You’re solely responsible for your decision to use the Services from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Services.

(a) Snail Mates will not be liable for any delay or failure to perform its obligations under this agreement if such delay or failure arises out of an event beyond its reasonable control (Force Majeure).
(b) If an event of Force Majeure occurs, Snail Mates must use reasonable endeavours to notify the User of:
(i) reasonable details of the Force Majeure; and
(ii) so far as is known, the probable extent to which Snail Mates will be unable to perform or be delayed in performing its obligations under this agreement.
(c) Subject to compliance with clause 23(b) the relevant obligation will be suspended during the Force Majeure to the extent that it is affected by the Force Majeure.
(d) The affected party must use its best endeavours to overcome or remove the Force Majeure as quickly as possible.

(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party, whichever is earlier.

(a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith.
(d) If the dispute is not resolved within a period of 14 days after the date of the notice, a party may by notice to the other party or parties to the dispute refer the dispute for mediation by the Australian Disputes Centre (the ADC) in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to the ADC (Guidelines). The terms of the Guidelines are hereby deemed incorporated into this agreement.
(e) If the dispute is not resolved within 28 days after the appointment of the mediator any party may take legal proceedings to resolve the dispute.

26.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Sydney, New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of Sydney, New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

26.2 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

26.3 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

26.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

26.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

26.6 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

26.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

26.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $; or “dollar” is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

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