Effective as of August 11, 2020
The Terms and Conditions (hereinafter the “Terms”) for the website https://bjjcampfinder.com (hereinafter the “Website”) constitute a legal agreement between you (hereinafter “user”, “you”, “your”) as a user of the Website (or consumer of the Camp Service) or Camp Organizer and Pemp inc., a Delaware company, having a registered office at 16192 Coastal Hwy, Lewes, Delaware , the United States of America (hereinafter the “Company”, “us”, “we”, “our”).
By using and/or registering on the Website, you agree to be legally bound by the Terms. In case you do not agree with one or more provisions of the Terms, please do not use the Website. You are authorized to use the Website only if you agree to the Terms.
Please read the Terms carefully as they contain important information about your legal rights, remedies, and obligations.
We offer intermediary services for users and Camp Organizers via the Website which provides options for online booking services of Brazilian Jiu-Jitsu Camps and vacation packages (the “Services”). More details of all features of the functionality and Services are available on the Website.
We may change the Terms at any time. We will inform you in advance of the changes to the Terms using the available means of communication such as email, notification, or the like.
You shall be at least 18 (eighteen) years old to use the Services and access the Website.
1. Code of Good Practices
1.1. 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 Website is the product of what you prefer and find most convenient when using our Services;
– We hear you: we show uncensored reviews;
– We promise you an informative, user-friendly Website that guarantees the best available prices.
2.1. “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.
2.2. “Camp Organizer” means the professional provider of event (e.g. vacation, seminars, lessons) and any other travel or related product or service as from time to time available for reservation on the Website.
2.3. ”Camp Service” means the online purchase, order, (facilitated) payment or reservation service as offered or enabled on the Website by us in respect of various products and services as from time to time made available by Camp Organizers on the Website.
2.4. “Camp Reservation” means the order, purchase, payment, booking or reservation of a Camp.
3. Scope and nature of our Service
3.1. Through the Website, we provide an online platform through which Camp Organizers – in their professional conduct of business – can advertise, market, sell, promote and/or offer their products and service for order, purchase, reservation, hire, and through which relevant users of the Website can discover, search, compare, and make an order, reservation, purchase or payment for the Camp Service. By using, utilizing the Camp Service, or 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 according to the rules of the Camp Organizer. 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 and sending you a confirmation email for and on behalf of the Camp Organizer. We do not sell, resell, rent out, offer any products or services of the Camp Organizers.
3.2. 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 Website are given access to our systems and extranet through which they are fully responsible for updating all rates, fees, prices, availability, policies, terms, conditions, and other relevant information which is displayed on the Website. Although we will use reasonable skill and care in providing the Services, we will not verify it and cannot guarantee that all the 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 Website or otherwise, inaccurate, misleading or untrue information, or non-delivery or non-provision of the information. Each Camp Organizer shall be responsible at all times for the accuracy, completeness, and correctness of the information, including rates, fees, prices, availability, policies, terms, conditions, and other relevant information, displayed on our Website. Our Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, or 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.
3.3. The Website 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 Website for any commercial or competitive activity or purpose.
4. Use of the Services and Website
4.1. To use or access to the Website and Services we may request you to provide some personal data necessary to register you on the Website. You shall provide only accurate, morally acceptable, and true information.
4.2. When using the Services or Website you shall not:
– use the Website or Services for any illegal, immoral, socially unacceptable or inappropriate purposes;
– abuse the Services or use the Services in violation of their instructions or recommendations;
– provide inaccurate, false, or misleading information or personal data;
– engage in any activity that harms, exploits, or threatens to harm us, any user, or the Website;
– send unwanted or unsolicited messages or other spam;
– engage in activity that is fraudulent, misleading, or defamatory;
– perform or assist in any activity that is harmful to you, the Website, Services, or others;
– reverse engineer the Website, perform data (web) scraping of the Website, or hack the Website;
– use the Website in a way that may disable, damage, or interfere in the Website;
– infringe anyone’s rights, including privacy, copyright, and other intellectual property ones;
– perform or assist in any activity that violates data protection or privacy rights of anyone; and
– assist anyone in breaking any of the rules of the Terms.
The Website may include links to other sites, applications, and platforms (hereinafter the “Linked Platforms“).
4.3. We do not control the Linked Platforms, and shall not be responsible for the content and other materials of the Linked Platforms. We make these links available to you for providing the functionality or Services on the Website. You may also find the terms and conditions of the Linked Platforms on their websites.
5. Terms for Camp Organizers
5.1. In case if you act as a Camp Organizer, you shall follow the Terms.
5.2. The Camp Organizer shall provide only accurate, full, and true information necessary for consumers, especially information about the packages and the number of spots available. The Camp Organizer shall inform us 7 days in advance if there is any price or detail change, so we may update the relevant information on the Website accordingly. In case if the spots are fully reserved or purchased the Camp Organizer shall inform us immediately by contacting us via available forms of communication.
5.3. The Camp Organizer may not indicate a different price for the same Camp on different websites or platforms. In case if we find out that the Camp Organizer shows different prices, we may terminate the agreement with the Camp Organizer and unlist it immediately.
5.4. The Camp Organizer shall clearly show rates, fees, prices, availability, policies, terms, conditions, and other relevant information, especially their refund and cancelation policy.
5.5. For the use of the Services, the Camp Organizer shall pay a commission. The current commission is 15% of the payment sum per consumer unless otherwise agreed by the Company and Camp Organizer.
5.6. In case if the Camp Organizer violates any provisions of the Terms, we may remove Camp Organizer’s Camps and immediately terminate this agreement with the Camp Organizer.
5.7. A Camp Organizer’s Camp may be removed upon the request of the Camp Organizer with 14 days’ notice or if we consider that the Camp Organizer is not trustworthy or can potentially harm our business.
6. Privacy clause
7. Payment terms
7.1. Unless indicated otherwise, our Services are free of charge for consumers and we will not charge you for our Camp Service or add any additional fees to the rate. You will pay the Camp Organizers the relevant amount as indicated in the Camp Reservation and relevant applicable taxes, levies, and fees.
7.2. Camp Organizers shall pay a commission to us when the end-user has reserved the service or product of the Camp Organizers. Only authorized and approved Camp Organizers will be made available on the Website.
7.3. The payment for Camp Reservations provides the opportunity to pay 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. We facilitate through third-party payment processors the payment of the relevant product or service for the Camp Organizers. Payment is safely processed from your credit or debit card, bank account, Stripe, PayPal, or other payment processors.
8. Cancellation, no-show and fine print
8.1. By making a Camp Reservation with us we offer you 14 days money-back guarantee if the Camp Organizer’s event is 3 (three) months before, after this you accept and agree to the relevant cancellation and no-show policy of that Camp Organizer, and to any additional terms and conditions of the Camp Organizer that may apply to your Camp including the applicable fines of the Camp Organizer made available on our Website and the relevant rules of the Camp Organizer, including for services rendered and/or products offered by the Camp Organizer. The relevant terms and conditions of a Camp Organizer can be obtained from the relevant Camp Organizer. The general cancellation and no-show policy of each Camp Organizer is made available on our Website on the Camp information pages, during the reservation procedure and in the confirmation email or ticket. Please note that certain rates, fees, or special offers may be not eligible for cancellation, refund or change. Applicable payment processing fees will still be charged and not refunded. Please note that a Camp Reservation which requires a payment or wholly or partly prepayment may be canceled. Cancellation and prepayment policies may vary per segment, product, or service of each Camp. Please carefully read the terms and FAQ sections of each Camp Organizer page on our Website 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? And so on. Late payment, wrong bank, debit or credit card details, invalid credit or debit cards, or insufficient funds are for your own risk and account and you shall not be entitled to any refund.
8.2. 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.
8.3. If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to timely and 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.
9. Further correspondence and communication
9.2. In order to duly complete and secure your Camp Reservation, you need to use your correct email address and phone number. We shall not be responsible or liable for any wrong or misspelled email address or inaccurate or wrong mobile phone number or credit or debit card number.
9.3. Any claim or complaint against us 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. Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit the right to any damage or cost compensation unless applicable law does not allow such rejection.
10. Guest reviews
10.1. Only customers who have participated at the Camp will be invited by us to comment on their stay at the relevant Camp and to provide a score for certain aspects of their experience. The completed guest review may be (a) uploaded onto the relevant Camp Organizer information page on our Website 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 us at its sole discretion (e.g. for marketing, promotion, or improvement of our service) on our Website or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by us 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 (as a rule, 90 days) after the end of the Camp. You may object to the publication of your review at any time.
10.2. All reviews shall not violate the Terms and shall not:
– promote profanity, sexually explicit, hate speech, discriminatory, threats, violence;
– mention full names or personal threat towards anyone;
– promote illegal activities (e.g. drugs);
– provide any websites, emails, and addresses, phone numbers, or other sensitive details;
– include politically sensitive comments.
10.3. We and the Camp Organizer are each entitled to terminate their relationship for whatever reason, including in the event of a breach of contract or filing for bankruptcy with prior notification of the 30 days notice period.
11.1. Subject to the limitations set out in the Terms 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.
11.2. 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 Website 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 information including rates, availability and ratings, of the Camp Organizer as made available on the Website, (iii) the services rendered or the products offered by the Camp Organizer 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 Website, 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 Website, including any partial cancellation, overbooking, strike, force majeure or any other event beyond our control.
11.3. We shall not be responsible and disclaims any liability for the use, validity, quality, suitability, fitness and due disclosure of the Camp 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 Camp including any warranties and representations made by the Camp Organizer. Complaints or claims in respect of the Camp including related to the offered special or promotion price, policy or specific requests made by you are to be dealt with by the Camp Organizer. We shall not be responsible for and disclaims any liability in respect of such complaints, claims, and product liabilities.
11.4. 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. We shall not be liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the Camp price or fee to the relevant tax authorities. We do not act as the merchant of record for any product or service made available on the Website.
12. Intellectual property rights
12.1. Unless stated otherwise, all content present on the Website includes text, code, graphics, images, compilation, software used on the Website is our property or of our contractors, and protected by intellectual property laws. You agree to use all copyright and other proprietary notices or restrictions contained in the content and you are prohibited from modifying the Content.
12.2. By uploading photos or images onto our system you certify, warrant, and agree that you own the copyright and privacy rights to the photos and images and that you agree that we may use the uploaded photos/images on the Website, and in promotional materials and publications. You are granting us a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos and images. By uploading the photos and images you accept full legal responsibility of any and all legal claims that may be made by any third parties due to the publication and using the photos and images.
12.3. No compensation shall be paid with regard to the use of your content. We shall have no obligation to publish or enjoy any content/idea you may send to us and we may remove your content at any time.
13. Copyright policy
13.1. If you are a copyright holder or its agent, and you believe that any of the copyrighted material which is directly available via the Website or Services infringes your copyrighted work, please let us know. A notice of alleged copyright infringement may be sent to at the following address:
Address: 16192 Coastal Hwy, Lewes, Delaware, the United States of America
13.2. A notification of alleged copyright infringement shall include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:
– A physical or electronic signature of the owner (or person authorised to act on behalf of the owner) of the copyright that is allegedly infringed;
– Specific identification of each copyrighted work claimed to have been infringed;
– A description of where the material believed to be infringing is located on the Website or the Services (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
– Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
– A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
– A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.
14.1. You agree to indemnify, defend and hold harmless us, our managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Website, and Services, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. We have the right to assume the exclusive defense and you shall cooperate with us in asserting any available defenses.
15. Applicable law, jurisdiction, and dispute resolution
15.1. The Terms and the provision of our Services shall be governed by and construed in accordance with laws of the state of Delaware, USA. 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”).
15.2. Any dispute arising out of the Terms and the 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 the 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. 15.3. 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