1. THESE TERMS
These are the terms and conditions on which we supply the subscription services via www.mobile.perdixpro.com. The PerdixPro ‘Services’ consist of the PerdixPro website which is a platform with a mobile friendly interface. Our Services enable you to view, manage and store camera images and other digital content, uploaded manually or through the use of a connected device (the “Product(s)”), through the provision of sims and data, using our cloud storage facility (the “Services”). All data uploaded through the use of PerdixPro is hosted in the cloud and supported by Amazon Web Services (for more information on the use of Amazon Web Services, please click here. Please read these terms carefully before you complete your subscription with us. These terms tell you who we are, how we will provide Services to you, and include other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
We are Perdix Wildlife Solutions Limited, a company registered in England and Wales. Our company registration number is 07700582 and our registered office is at 15 Warwick Road, Stratford Upon Avon, CV37 6YW. You can contact us by telephoning our customer service team at +44 (0) 1789 336123 or by writing to us at PerdixPro, Unit 1 Hatton Rock Business Park, Hatton Rock, Stratford-upon-Avon, Warwickshire, CV37 0BX, UK. If we have to contact you we will do so by telephone or in writing to you at the email address (when we use the words “writing” or “written” in these terms, this includes emails).
3. USING OUR SERVICES
3.1 Products available at www.perdixwildlifesupplies.com enable a variety of data to be collected, stored and managed using our Services. You will need to sign up to a subscription before you can access our Services. You can sign up to multiple subscriptions at any one time. A full list of available subscriptions can be viewed here. Once you have chosen your subscription you will need to contact us to complete an order form which will then be sent to you and we may contact you to discuss your subscription preference in more detail. Our acceptance of your order will take place when we email you to confirm your subscription, at which point a contract will come into existence between us, and following which you will be able to purchase your chosen products, subject to our separate terms for the sale of products, via www.perdixwildlifesupplies.com. At the start of your subscription, a PerdixPro account will be created for you for which you will be required to create a password to access the Services and which you agree to keep confidential. Your PerdixPro account will remain valid for 12 months, following which it shall be extended in accordance with any subscription purchased by you.
3.2 Please contact us if you wish to make a change to your subscription. We will let you know if the change is possible and, if so, we will let you know about any changes to the price of the subscription, the timing of supply or anything else which would be necessary as a result of your requested change. You can then decide if you wish to proceed with the change.
3.3 In continuing to use the Services, you undertake that you are of legal age to form a binding contract, and agree to provide accurate, current, and complete information about yourself as requested, and to promptly update the information provided by you to ensure that it remains accurate, current, and complete. If you provide any information that we believe to be inaccurate, not current, or incomplete, or if you select a user identification that we, in our sole discretion, find offensive or inappropriate, we have the right to suspend or terminate your subscription and refuse your use of the Services.
3.4 Our Services may be updated from time to time. These terms and conditions may be updated to reflect updates to the Services. Any such additional terms will become part of your agreement with us if you use the Services.
4.1 Subject to a minimum subscription term of three months, we offer the facility to sign up to a number of subscription plans, including plans with differing terms, conditions, limitations, features, and cloud storage space. All available subscriptions can be found here.
4.2 We give you a personal, non-exclusive and non-transferable right, without the right to grant sub-licences, to use the Services for the duration of your subscription. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our Services or included software save for your own content or as otherwise permitted within these terms, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have our written permission. All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any data uploaded by you) shall be owned by us.
4.3 Where you are a business and in relation to individuals you authorise to use the Services, you undertake that:
4.3.1 the maximum number of individuals you authorise to access and use the Services shall not exceed the number of subscriptions purchased by you at that time;
4.3.2 you won’t allow any subscription to be used by more than one individual unless it has been reassigned in its entirety to another individual, in which case the prior individual shall no longer have any right to access or use the Services; and
4.3.3 each individual shall keep a secure password for his use of the Services and that individual shall keep his password confidential.
4.4 You shall not access, store, distribute or transmit any viruses, or any material during the course of your use of the Services that: is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; promotes unlawful violence; is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or is otherwise illegal or causes damage or injury to any person or property; and we reserve the right, without liability or prejudice to other rights to you, to disable your access to any material that breaches the provisions of this paragraph.
4.5 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify us.
4.6 The rights provided under this paragraph 4 are granted to you only, and shall not be considered granted to any subsidiary or holding company.
5. TRIAL PERIOD
5.1 You may be entitled to a trial period of the Services.
5.2 Where such a trial period of the Services is agreed and where it necessitates the use of a Product, we may, at our sole discretion, require a deposit to be paid in respect of the Product, which sum shall be either:
5.2.1 subject to paragraph 5.3, refunded to you upon return of the Product to us at the end of the trial period; or
5.2.2 should you wish to purchase the Product, shall be set against the price payable for the Product, in accordance with the price displayed on our website.
5.3 Products may be returned with fair wear and tear only. We reserve the right to make further deductions should we deem the Product to be damaged or returned with wear and tear that we deem unreasonable.
5.4 For the avoidance of doubt, Products will remain in our ownership until paid for in full by you.
5.5 The use of the Services during a trial period is subject to these terms (save for those terms relating to fees and payments).
6. MODIFYING AND TERMINATING THE SERVICES
6.1 We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop the Services altogether.
6.2 We may have to suspend the supply of the Services to deal with technical problems or make minor technical changes, to undertake updates to the Services to reflect changes in relevant laws and regulatory requirements. Where possible, we will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency.
6.3 We believe that you own your data and preserving your access to such data is important. Therefore, if we need to discontinue the Services for any reason, we shall, where reasonably possible, give you reasonable advance notice to give you the opportunity to remove information from the Services.
6.4 If you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, we may cancel your subscription to the Services.
6.5 You can stop using the Services at any time. Please get in touch with us either by email to email@example.com or telephone +44 (0) 1789 336123 to confirm that you no longer require your subscription and you will then have a period of 14 days to remove information from the Services.
6.6 For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, give you 14 days after the day we email you to confirm we accept your subscription request. You provide your explicit consent to the immediate commencement of your subscription when you have confirmed your preferred subscription and provided a method of payment. You acknowledge that you will lose your right to withdrawal once you have accessed the Services, however you may still cancel your subscription at any time.
7. OUR OBLIGATIONS
7.1 We undertake that the Services will be provided with reasonable skill and care.
7.2 We do not warrant that:
7.2.1 your use of the Services will be uninterrupted or error-free; or
7.2.2 that the Services will meet your requirements.
7.3 We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
8. YOUR OBLIGATIONS
8.1 You shall:
8.1.1 ensure that you and any individuals you authorise to use the Services shall use the Services in accordance with these terms and you shall be responsible for any breach of these terms by you or by any individuals you authorise to use the Services;
8.1.2 not use the Services to view, store or manage personal information or any information which identifies or enables the identification of a person;
8.1.3 obtain and shall maintain all necessary licences, consents, and permissions necessary for us to perform our obligations under these terms; and
8.1.4 be, to the extent permitted by law and except as otherwise set out in these terms, solely responsible for obtaining, maintaining and securing your network connections and telecommunications links from your systems to access the Services, and all problems, conditions, delays, failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
8.2 If you are using our Service on behalf of a business, that business accepts these terms. It will hold harmless and indemnify us and our affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability, cost or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.
9. PRICE AND PAYMENT
9.1 Our subscriptions require an up-front payment followed by recurring fees as agreed to by you. By signing up to a subscription, you acknowledge this payment arrangement and you accept responsibility for all recurring fees prior to its termination.
9.2 By subscribing to our Services, you agree to pay recurring payments for an indefinite time until terminated by you or us, on these terms. You can re-subscribe at any time following termination, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
9.3 Prior to the start of your subscription, you shall provide us with valid, up-to-date and complete credit card details or other current, valid, accepted method of payment (“Payment Method”).
9.4 You will be billed the subscription fee applicable to your chosen subscription, and any applicable taxes such as value added tax, to your Payment Method.
9.5 All subscription fees paid under these terms are non-refundable.
9.6 Where you wish to alter your subscription during your subscription term, we may invoice you any difference between the subscription fee for your previous and new subscription for the remainder of that term. The amount billed each term for the subscription will only be varied in the event that you change your subscription, or we adjust the prices for the Services. Where a subscription fee is varied, you authorise us to charge your Payment Method for such varied amounts, which may be invoiced monthly in one or more charges.
9.7 If you do not pay us for your subscription when you are supposed to and you still do not make payment:
9.7.1 we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount;
9.7.2 within 30 days of us reminding you that payment is due, we may, without liability to you, suspend access to the Services until you have paid us the outstanding amounts; and
9.7.3 within 60 days of us reminding you that payment is due, we may, without liability to you, terminate your subscription and delete your data.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation including the right to receive Services which are as described and match information we provided to you and supplied with reasonable skill and care.
10.3 We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.4 Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Services shall be limited to the total charges paid in respect of your subscription during the 12 months immediately preceding the date on which the claim arose.
11. DATA PROTECTION
11.1 We will only use your personal information as set out in our PerdixPro Privacy Notice.
11.2 The Services are not intended for the processing of personal data.
12. OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under these terms to another organisation.
12.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.