Personal Membership Agreement

Contents:
Camplify Personal Membership benefits
MyWay Mutual Personal Membership
MyWay Mutual Membership - On-Hire Damage Protection
On-Hire Excess and damage claims under Excess 
Undetected Damage
Personal Membership - Term, Commission, Contribution, and Cancellation

This Personal  Membership Agreement applies to Owners who choose the Personal  Membership option when signing up to the Camplify Platform or who later upgrade to Personal  Membership. 

This Personal Membership Agreement (Agreement) applies in addition to, and does not replace, the Camplify Terms of Service. It is a condition of your membership that you comply with the Terms of Service, Owner Rules, and Community Rules. Any suspension or termination of your account under the Terms of Service will automatically suspend or terminate (as applicable) your membership under this Agreement. 

This Agreement and the Terms of Service contain the entire agreement between the parties in respect of the subject matter of this Agreement.  In the event there is a conflict between the terms of the Terms of Service and this Agreement, the Terms of Service will prevail.  

Agreement shall be construed in accordance with and shall be governed by the laws in force in the State of New South Wales.

Camplify Personal Membership benefits

As a Personal Member, your membership automatically includes:

1. discounts on all products from the Camplify store;

2. benefits and special offers from Camplify partners; 

3. national roadside assistance whilst On-Hire (subject to the towing distance and annual benefit caps set out in the Terms of Service); 

4. eligibility for membership of MyWay Mutual Holdings Limited (“MyWay Mutual”). MyWay Mutual provides MyWay Protect damage protection for your Personal Use of your RV plus up to 40 days whilst On-Hire and for Personal Use (see MyWay Mutual Protect Product Disclosure Statement and Protection Wording (PDS) for inclusions and exclusions).

5. As a Personal Member, damage protection for off-road use is limited to your Personal Use. You must not allow any off-road hire of your RV.

For the purposes of this Agreement:

• “On-Hire” means the period, recorded on the Camplify Platform, during which an RV is in the custody or control of a hirer under a booking made on the Camplify Platform.

• “Personal Use” means any period during which the RV is not On-Hire, including when an RV is being delivered to or picked up from a Hirer by or on behalf of the Owner, but excluding during any off-platform hire.  

MyWay Mutual Personal Membership 

1. As a Personal Member of Camplify, you are entitled to a membership of MyWay Mutual. You can obtain your MyWay Mutual Membership via the Camplify Platform.  

2. You must advise Camplify of any pre-existing damage to your RV at the start of your Personal Membership.  

3. You may be asked questions to confirm you have good driving and insurance records. You must answer these questions correctly and honestly. 

4. You must also tell Camplify if your licence is cancelled or suspended at any time after your Personal Membership has commenced and throughout the period of your membership. 

5. On becoming a member of MyWay Mutual and choosing Personal  Membership for your RV, you will receive a certificate of protection including:

   i. the dates of the protection: and

   ii. the amount payable to MyWay Mutual for the protection for your Personal Use.

6. You can also download a Certificate of Currency that will detail your RV’s particulars. 

MyWay Mutual Membership - On-Hire Damage Protection

1. As a Personal Member of Camplify, you are entitled to list your RV on the Camplify Platform. Your membership of MyWay Mutual includes MyWay Protect On-Hire damage protection for a maximum of 40 days per membership year (which commences on the date you become a Personal Member). The 40 days are measured against the On-Hire days recorded on the Camplify Platform.

2. You must not accept a hire that will exceed the 40 days of protection. If you reach 40 days and wish to continue to hire during your membership year, you must take out a Premium Membership. 

3. Each Booking is a separate period of On-Hire protection under MyWay Protect. Once a Booking is made, you will receive a Certificate of Protection for the Booking, including:
   i. the dates of the protection (which will be the hire dates); and 

   ii. the amount paid as the Contribution to MyWay Mutual for the protection. 

    

On-Hire Excess and damage claims under Excess 

If your RV is Damaged On-Hire, and   

1. a claim is approved by MyWay Mutual, Camplify is responsible for the $10,000 excess; or 

2. the Damage is under the $10,000 excess, Camplify will pay the reasonable costs of repairs. 

In both cases, you must assign any rights you have against the hirer, and/or a third party who caused the damage, whether under contract, tort, or otherwise, to Camplify.   

Undetected Damage

Undetected Damage is Damage which the Personal Member alleges occurred On-Hire, but the Personal Member did not:

1. identify the damage when the RV was returned; or 

2. complete the Pre-Hire Checklist; and/or

3. did not complete the Post-Hire Checklist within 48 hours of the return of the RV.

For Undetected Damage to be treated as On-Hire Damage, you must establish to our reasonable satisfaction that the damage occurred On-Hire. A Personal Member contribution of $3,000 applies to Undetected Damage.

Damage means any loss or damage to your RV, including its parts, components, and accessories that require repair or replacement, subject to Fair Wear and Tear and excludes pre-existing damage.

Fair Wear and Tear is as set out in the Fair Wear and Tear Guide – Camplify Owners and Hirers available https://www.camplify.com.au/fair-wear-and-tear-guide, as it may be amended from time to time.

Personal Membership - Term, Commission, Contribution, and Cancellation

1. Personal Membership is in respect of your RV and is a 12-month contract (Initial Term). 

2. Your Personal Membership subscription has a 21-day cooling-off period.

3. Your annual Personal Membership subscription (Subscription Fee) is payable for each separate RV, based on your chosen subscription level. You may choose to pay the Subscription Fee annually or monthly.  

4. It’s your responsibility to keep your payment details current. MyWay Protect does not cover any incident that happens when any Subscription Fee has remained unpaid for 30 days or more. 

5. If one or more of your Subscription Fee payment(s) is overdue, Camplify may take action in accordance with the Terms of Service (including withholding hire fees subject to Camplify’s lien, suspension of your account, or termination of your Membership).   

6. Camplify will pay a portion of the Subscription Fee to MyWay Mutual as the contribution for the provision of MyWay Mutual Protect for Personal Use protection (the Contribution). At which point the Contribution will be deemed to be paid. The portion may vary from time to time. Changes to the portion will not increase the Subscription Fees (which may only be varied in accordance with paragraph n) below.) 

7. If you choose to hire your RV through the Camplify Platform  the hirer will pay its hire and service fees to Camplify. Camplify will then pay an amount equal to your Contribution to MyWay Mutual (your Contribution will be calculated as 9% of the hire fees). At which point your Contribution for On-Hire Protection will be deemed to be paid. Camplify will deduct an amount equal to 7% of the hire fees, which is Camplify’s commission (the Commission), in respect of the services provided by Camplify. After which, Camplify will pay you the remainder of the hire fees and the service fees.

8. Camplify may vary the commission on 30 days’ notice in accordance with our Terms of Service.

9. You may terminate the balance of your annual Personal Membership by paying out the Term. If you have chosen to hire your RV, to minimise disruption to hirers who have an upcoming booking for your RV, you are requested to provide at least 4 weeks’ notice and follow the Camplify guidelines for deactivating your Camplify Membership. 

10. You will not be required to pay out the Initial Term where you have sold your RV and have provided proof of sale. Remember that any forward bookings are a contract between you and the hirer, which you have an obligation to fulfill; you should plan a sale so that any booking commitments can be met.

11. At the end of the Initial Term, your Personal Membership will roll over to a month-to-month basis, unless you choose to pay annually in advance on renewal. After the end of the Initial Term, you may cancel your Personal Membership at any time by providing 4 weeks’ prior written notice. If you paid your renewal annually in advance, the unused portion of your Subscription Fee will be refunded. 

12. On cancellation of your Personal Membership, your ability to claim under the MyWay Protect for loss or damage ceases on the day your membership ends. This will not affect any claims made prior to cancellation. 

13. Camplify may vary the Subscription Fees from time to time, on 30 days’ prior written notice. If you are in the Initial Term of your membership or have paid your renewal annually in advance, any increase will not apply until the end of your membership year. If your membership is on a month-to-month basis, a fee increase will apply at the end of the 30 days’ notice.

14. Nothing in this Personal Membership Agreement is intended to limit your rights as a consumer under the Australian Consumer Law, including your entitlement to a refund or other applicable remedies.