These Terms and Conditions (hereinafter, referred to as the “Terms”) for the website https://bjjcampfinder.enev.me (hereinafter, referred to as the “Website”) constitute a legal agreement between the user (hereinafter, referred to as “user”, “you”, “your”) of the Website and Pemp inc, a U.S. company, having a registered office at 19C Trolley Square, the United States of America (hereinafter, referred to as the “Company”, “us”, “we”, “our”).
By using the Website, you agree to be legally bound by these Terms. In case you do not agree with one or more provisions of these Terms, please do not use the Website. You are authorized to use the Website only if you agree to these Terms.
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the BJJcampFinder Platform, you agree to comply with and be bound by these Terms.
Code of Good Practices
Our mission is to empower people to experience the world and improve their Brazilian Jiu Jitsu, by offering the best camp in the most convenient way. In order to achieve this goal, we will live up to the following good practices:
- We care about you: and we strive to improve our system to be as best as possible
- We use only secured payments processors to keep your data safe.
- We are here to help you (24/7): firstname.lastname@example.org
- We listen to you: our Platform is the product of what YOU (the users) prefer and find most convenient when using our service
- We hear you: we show uncensored reviews (of customers who have actually stayed)
- We promise you an informative, user-friendly website that guarantees the best available prices.
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “Platform”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online reservation service (including the facilitation of payment service) provided by us on these pages and through the website are owned, operated and provided by Pemp Inc. are provided for your personal, non-commercial (B2C) use only, subject to the terms and conditions set out below. The relationship that we have with the Camp Organizers are governed by separate terms and conditions which govern the (B2B) commercial relationship we have with each of these Trip Providers. Each Trip Provider acts in a professional manner vis-à-vis BjjCampFinder.com when making its product and/or service available on or through us (both for its business-to-business (“B2B”) and/or business-to-consumer (“B2C”) relationship). Please note that Trip Providers may have, declare applicable and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the website, their own (delivery / shipping / carriage / usage) terms and conditions and house rules for the use, access and consummation of the Trip (which may include certain disclaimers and limitations of liability).
BJJcampFinder.com”, “us”, “we” or “our” means Pemp Inc a C Corporation incorporated under the laws of the Delaware, USA, and having its registered address at 19c Trolley Square,Wilmington, Delaware, USA. “Platform” means the (mobile) website and app on which the Camp Service is made available owned, controlled, managed, maintained and/or hosted by Bjjcampfinder.com. “Camp” means the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined or consummated by you from the Camp Organizer
“Camp Organizer” means the professional provider of event (e.g. vacation, seminars, bjj lesson) and any other travel or related product or service as from time to time available for Trip Reservation on the Platform (whether B2B or B2C).
” Camp Service ” means the online purchase, order, (facilitated) payment or reservation service as offered or enabled by Bjjcampfinder.com in respect of various products and services as from time to time made available by Camp Organizers on the Platform.
“Camp Reservation” means the order, purchase, payment, booking or reservation of a Trip.
1. Scope and nature of our Service
Through the Platform, we (BjjcampFinder.com ) provide an online platform through which Camp Organizer(s) – in their professional conduct of business (i.e. B2C or B2B) – can advertise, market, sell, promote and/or offer (as applicable) their products and service for order, purchase, reservation, hire, and through which relevant visitors of the Platform can discover, search, compare, and make an order, reservation, purchase or payment (i.e. the Camp Service). By using or utilizing the Camp Service (e.g. by making a Camp Reservation through the Camp Service), you enter into a direct (legally binding) contractual relationship with the Camp Organizer with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your Camp Reservation, we act solely as an intermediary between you and the Camp Organizer, transmitting the relevant details of your Camp Reservation to the relevant Camp Organizer(s) and sending you a confirmation email for and on behalf of the Camp Organizer. BjjcampFinder.com does not (re)sell, rent out, offer any (bjj camps) product or service.
When rendering our Camp Service, the information that we disclose is based on the information provided to us by Camp Organizers. As such, the Camp Organizers that market and promote their Camp on the Platform are given access to our systems and extranet through which they are fully responsible for updating all rates/fees/prices, availability, policies & conditions and other relevant information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Camp Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Camp Organizer remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Camp Organizers (or its facilities, venue, vehicles, (main or ancillary) products or services) made available, save as explicitly indicated or set out otherwise.
Our Camp Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.
2. Privacy and cookies
BjjcampFinder.com respects your privacy. Please have a look at our privacy and cookies policy for further information.
3. Free of charge for consumers, only Camp Organizers pay!
Unless indicated otherwise, our service is free of charge for consumers because, unlike many other parties, we will not charge you for our Camp Service or add any additional (reservation) fees to the rate. You will pay the Camp Organizers the relevant amount as indicated in the Camp Reservation (plus – insofar not included in the price – relevant applicable taxes, levies and fees (if applicable)). Camp Organizers pay a commission (being a small percentage of the product price (e.g. room price)) to Bjjcampfinder.com when the end user has reserve the service or product of the Camp Organizers (e.g. after the participant pay the camp). Only Camp Organizers which have a commercial relationship with BjjcampFinder.com (through an agreement) will be made available on Platform (for their B2B and/or B2C promotion of their product). BjjcampFinder.com is not an open platform (like Amazon or eBay) where end users can make their product available (no C2C platform); Bjjcampfinder.com does not allow non-professional parties to offer or sell their products on or through Bjjcampfinder.com.
4. Credit card or bank transfer
The payment for Camp Reservations offer the opportunity to be paid (wholly or partly and as required under the payment policy of the Camp Organizer) to the Camp Organizer during the Camp Reservation process by means of secure online payment (all to the extent offered and supported by your bank). Bjjcampfinder.com facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Camp Organizer (Bjjcampfinder.com receive the money and proceed it to the Camp organizer in 14 days). Payment is safely processed from your credit/debit card/bank account or PayPal account through a third party payment processor.
In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately. Please provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Bjjcampfinder.com’s secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.
5. Cancellation, no-show and fine print
By making a Camp Reservation with BjjcampFinder.com we offer you 14 days money back guaranteed if the event is 3 months before, after this you accept and agree to the relevant cancellation and no-show policy of that Camp Organizer, and to any additional (delivery) terms and conditions of the Camp Organizer that may apply to your Camp (including the fine print of the Camp Organizer made available on our Platform and the relevant house rules of the Camp Organizer), including for services rendered and/or products offered by the Camp Organizer. The relevant (delivery/purchase/use/carrier) terms and conditions of a Camp Organizer can be obtained with the relevant Camp Organizer. The general cancellation and no-show policy of each Camp Organizer is made available on our Platform on the Camp information pages, during the reservation procedure and in the confirmation email or ticket (if applicable). Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable payment processing fees will still be charged and not refunded. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Please note that a Camp Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Camp Organizer and the reservation. Cancellation and prepayment policies may vary per segment, product or service of each Camp.. Please carefully read the FAQ’s of each Camp Organizer page on our Platform) and important information in your reservation confirmation for additional policies as may be applied by the Camp Organizer (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Camp Organizer agrees or allows otherwise under its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your Camp Reservation, please write us an email and follow the instructions therein. We recommend that you read the cancellation and refund policy to each Camp provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with us so we know when to expect you to avoid cancellation of your Camp (Reservation) . Our customer service department will help you with informing the Camp Organizer.
6. (Further) correspondence and communication
By completing a Camp Reservation, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your Camp (Reservation) and destination and (ii) an email which we may send to you promptly after your camp inviting you to complete our guest review form. See our privacy and cookies policy for more information about how we may contact you.
In order to duly complete and secure your Camp Reservation, you need to use your correct email address and phone number. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against Bjjcampfinder.com or in respect of the Camp Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.
7. Guest reviews
Only customers who have participate at the Accommodation will be invited by Bjjcampfinder.com to comment on their stay at the relevant accommodations and to provide a score for certain aspects of their experience. The completed guest review (including submitted rating during your stay) may be (a) uploaded onto the relevant Camp Organizer information page on our Platform for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Camp Organizer, and (b) (wholly or partly) used and placed by Bjjcampfinder.com at its sole discretion (e.g. for marketing, promotion, or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by Bjjcampfinder.com and our business partners. In order to offer and maintain recent (and therefore relevant) reviews, reviews can only be submitted within a limited period of time (90 days) after end of the camp.
Bjjcampfinder.com will not accept reviews which include:
- Profanity, sexually explicit, hate speech, discriminatory, threats, violence
- Mention of full names, personal attack towards the staff
- Promoting illegal activities (e.g. drugs, prostitution)
- Sites, emails and addresses, phone numbers, cc details
- Politically sensitive comments
Bjjcampfinder.com and the Trip Provider are each entitled to terminate their relationship for whatever reason (including in the event of breach of contract or (filing for) bankruptcy) with due observance of the 30days notice period as agreed between both parties.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the Camp Reservation confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Trip Provider as made available on our Platform, (iii) the services rendered or the products offered by the Trip Provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Camp Organizer or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Bjjcampfinder.com is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Trip and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant Camp Organizer is solely responsible and assumes all responsibility and liability in respect of the Trip (including any warranties and representations made by the Camp Organizer). Bjjcampfinder.com is not a (re)seller of the Camp. Complaints or claims in respect of the Trip (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Camp Organizer. Bjjcampfinder.com is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.
Whether we are facilitating the payment of the Camp price or fee, you agree and acknowledge that the Camp Organizer is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the price or fee to the relevant tax authorities. Bjjcampfinder.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (Trip) price or fee to the relevant tax authorities. Bjjcampfinder.com does not act as the merchant of record for any product or service made available on the Platform.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Bjjcampfinder.com may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Bjjcampfinder.com at its discretion sees fit. You are granting Bjjcampfinder.com a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Bjjcampfinder.com at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to Bjjcampfinder.com publishing and using these photos/images. Bjjcampfinder.com does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of Bjjcampfinder.com. Bjjcampfinder.com disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Bjjcampfinder.com at any time and without prior notice.
9. Intellectual property rights
Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Pemp Inc.
Bjjcampfinder.com exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Bjjcampfinder.com. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
10. Applicable law, jurisdiction, and dispute resolution
These terms and conditions and the provision of our services shall be governed by and construed in accordance with US law. Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession (hereinafter also referred to as “consumer”) can rely on the mandatory provisions of the law of the country where they have their habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause; hereinafter: “Mandatory Provisions”). Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Delaware, the United States of America. Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of enforcement of relevant applicable Mandatory Provisions in the courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled. For consumers (in the European Economic Area): We advise you to first notify us of any complaints by contacting our Customer Service. If this does not resolve your complaint, you can upload your complaint via the European Commission’s ODR platform. This platform for online dispute resolution can be found here: http://ec.europa.eu/odr.