Terms

 

Delivery & Refund Policy

 Ordering 

A) WildKnowledge Applications
Registered users may use the ‘Limited Version’ of WildKnowledge applications for FREE.  This version enables registered users to create limited forms, maps and images (3 fields or points of interest) but does not allow access to the main community or allow more than one user within the account. Registration can be undertaken via the home page of the WildKnowledge portal or via mobile devices.

To use the 'Full Version' of WildKnowledge applications, registered users must subscribe by logging in to the portal and clicking on the desired application followed by the relevant ‘subscribe’ link.  The subscription process varies according to the type of user:

a) Individual users can select their desired  applications; click on "Submit" and then  provide the necessary credit card details.  Alternatively subscription will soon be possible via the app stores.

b) Educational users  wanting to receive an educational discount and/or allow more than one user within the account, can select an Educational site licence for the required applications by clicking on “Submit” . However, credit card payments cannot be accepted.  In order to verify that the applicant is a bone fide educational establishment WildKnowledge requires all educational users to provide an official PO before access to the educational community can be allowed.  Once received, WK will grant access both to the application and the educational community

c) Commercial users are advised to contact WK on 01865 261432 to discuss their specific needs. WildKnowledge will advise whether a standard or bespoke solution is appropriate  

 

Tax Charges
For orders made from the UK or the European Union, 17.5% VAT is added.

 

Returns Policy

 If you purchase the Full Version directly from WK, you can return the product for up to 14-days after purchasing by notifying us in writing about why the product is not suitable for your needs.  If you have purchased an Android product from an App store you can only return the product up to 24 hours after purchasing by simply selecting the "uninstall & refund" button. If you wish to try all the premium features, simply purchase the "Full Version Key" and you will have 24 hours to evaluate the software.

 

 

B) Products developed and/or manufactured by third party suppliers e.g. software, hardware, connectivity and services 

WK also resells devices, connectivity and accessories that can help you develop your own solution.  Just visit here to see some of the equipment our current customers are using.  Please call us on 01865 250251 if you wish to discuss further,

 

Shipping and handling

Deliveries within the UK
All other software and equipment is sent by special delivery or courier the cost of which is chargeable to the customer.  

Deliveries outside the UK
We welcome orders from outside the UK - delivery time and cost will be confirmed once your order has been received

Delivery Schedule
We try to ensure that orders to mainland UK are delivered within 7-10 days from receipt of payment. In exceptional circumstances, delivery may take longer than this but we will in that case notify you of the expected delivery date.

Tax Charges 

For orders made from the UK or the European Union, 17.5% VAT is added.

 

 

General Provisions for supply of WildKnowledge Applications   


1.1 WildKey Ltd trading as WildKnowledge (“WildKnowledge”) agrees to provide you (“You”) with software (the "Product") which can be used in conjunction with a web community service (the "Service"), provided by WildKnowledge, which amongst other matters will grant you access to additional software including data files, written text, music, audio files or other sounds, photographs, videos or other images,  forms, keys, and maps known as the content (the “Content”) of the Service. You may copy the Product solely for the purpose of evaluating or utilising the Service. Any other use is strictly prohibited

1.2 By accepting or using the Product or by using the Service, You acknowledge that you do not own them. Only under the terms of this Contract, in consideration of the fees You pay to WildKnowledge.

1.3 You specifically agree not to make any attempt to modify, decompile or reverse engineer the Product or the Service or otherwise discover the source code or underlying processes or algorithms of the Product or the Service. You also agree that you are responsible for ensuring that any of your employees, students, customers, associates etc to whom you grant access to the Product or Service will comply will the Terms and Conditions of this Agreement

1.4 Acceptance of this agreement constitutes Your express written consent to the transfer of any personal data outside the countries of the European Economic Area. As required by Schedule 1, Part II of the Data Protection Act 1998 WildKnowledge shall comply with the obligations set out in the seventh principle of Schedule 1 in respect of all processing carried out on your behalf.

1.5 You agree not to use the Service to store photographs, pseudo-photographs, films, articles, sound records, messages, or any other material that may be stored in a computer that may be described as indecent or obscene or is otherwise illegal.

1.6 You acknowledge and agree that while WildKnowledge may not currently have set a fixed amount of storage space used for the provision of the Service, such fixed upper limits may be set by WildKnowledge at any time, at WildKnowledge’s discretion.

 

Use of the Service by you

 

2.1 In order to access certain elements of the Service, You may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of Your continued use of the Service. You agree that any registration information you give to WildKnowledge will always be accurate, correct and up to date.

2.2 You agree to use the Service only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the UK or other relevant countries).

2.3 You agree not to access (or attempt to access) the Service by any means other than through the interface that is provided by WildKnowledge, unless You have been specifically allowed to do so in a separate agreement with WildKnowledge.

2.4 You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).

2.5 Unless You have been specifically permitted to do so in a separate agreement with WildKnowledge, You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Product or the Service or the Content for any purpose.

2.6 You agree that you are solely responsible for (and that WildKnowledge has no responsibility to You or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which WildKnowledge may suffer) of any such breach.

2.7 You understand that Content which You may have access to as part of, or through Your use of, the Service are the sole responsibility of the person or organisation from which such Content originated.

2.8 WildKnowledge reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

2.9 You understand that by using the Service you may be exposed to Content that You may find offensive.

2.10 You agree that you are solely responsible for (and that WildKnowledge has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which WildKnowledge may suffer) by doing so.

 

Warranty Provisions

 

3.1 WildKnowledge warrants that the Product and Service will perform substantially in accordance with the description of the Product on the WildKnowledge website for the duration of Your use of the Service. WildKnowledge reserves the right to charge for any technical support, which the user may need, over and above what is available on the website.

3.2 If the Product or Service fails to perform as promised in this Contract, Your sole and exclusive remedy shall be the return of fees paid for use of the Product or Service during the period for which the Product or Service failed to perform as promised.

3.3 Notwithstanding the foregoing, if any failure of the Product or Service has resulted from abuse, misapplication, or unauthorized use, the limited warranty provided by this Contract is and shall be void.

3.4 Under no circumstances will WildKnowledge be liable for data that was either sent or never sent by You, using the Product, to the Service. You are therefore advised to check your online account to ensure that the desired files have been transmitted and received.

3.5 To the maximum extent permitted by applicable law you acknowledge that  WildKnowledge's obligations and liabilities in respect of the Product are exhaustively defined in this Contract. You agree that the express obligations and warranties made by WildKnowledge in this Agreement are in lieu of and to the exclusion of any warranty, condition, term, undertaking or representation of any kind, express or implied, statutory or otherwise relating to anything supplied or services provided under or in connection with this Contract including (without limitation) as to the condition, quality, performance, or fitness for the purpose of the Product or any part of it.

3.6 You are responsible for the consequences of any use of the Product. WildKnowledge will not be liable for any indirect or consequential loss, damage, cost or expense of any kind whatsoever and however caused, whether arising under contract, tort (including negligence) or otherwise, including (without limitation) loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time and loss of goodwill or anticipated savings, even if WildKnowledge has been advised of their possibility.

3.7 WildKnowledge accepts liability to the extent it results from the negligence of WildKnowledge and its employees for:

3.7.1 Death or injury without limit

3.7.2 Physical damage to or loss of Your tangible property up to the amount of the fees paid,  in respect of each incident or series of connected incidents.

3.8 In all other cases not falling within clause 3. 7 WildKnowledge’s total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this Contract or based on any claim for indemnity or contribution will not exceed the fees paid.

3.9 You agree that, except as expressly provided in this clause 3 WildKnowledge will not be under any liability of any kind whatsoever and however caused arising directly or indirectly in connection with this Contract. You will indemnify WildKnowledge in respect of any third party claim for any injury, loss, damage or expenses occasioned by or arising directly or indirectly from your possession, operation, use or modification of the Product except and in so far as WildKnowledge is liable as expressly provided in this Agreement.

3.10 You acknowledge and agree that the allocation of risk contained in this clause 3 is reflected in the fees paid paid for the Product and Service and is also recognition of the fact that inter alia it is not within WildKnowledge’s control how and for what purpose the Product and the results of the Service are used by the Customer. 

 

Term

 

4.1 When You agree to the terms of this Contract, you acquire a license to use the Product on the number of hardware platforms for which you have agreed to pay. Your license to use the Product is valid only for the period for which you have chosen to pay.  At no time and under no circumstances do you acquire an ownership interest in the Product. WildKnowlege reserves the right to remove Your Content on the expiry of Your license.

4.2 The license provided by this contract will roll-over unless WildKnowledge receives actual written notice from you that you wish to cancel the license 14 days or earlier before the expiry of the current term. In the absence of such written notice, the renewal fee will become payable within 30 days from the start date of the new term.

4.3 Your license will also terminate without further action or notice by WildKnowledge if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in consequence of debt.

4.4 Following termination of your license for whatever reason:

4.4.1 You will destroy Your copy of the software together will all copies in any form, including copies on your hard and backup disks.

4.4.2 Any use of any copies of the software will be unlawful; and WildKnowledge shall have the right to delete your stored Content without liability for loss or damage.

4.5 Wildkey reserves the right to upgrade the Product and or Service during the lifetime of Your license without notice.


 

General Provisions for supply of third party hardware, software, connectivity and services such as mobile phones, handheld computing devices, storage media, connectivity and Aquapacs

 

 

1.1. WildKey Ltd trading as WildKnowledge (“WildKnowledge”) agrees to provide you (“You”) with hardware sourced from a third party  (the "Third Party Hardware") and or services sourced from a third party (“ the Third Party Service”) either or both known as the goods (“the Goods”)

1.2 If you are not totally satisfied with your purchase, You can return it within 7 days from the date of Goods being received for a refund (excluding delivery charges) provided it is in pristine condition, in its original box and packaging, and providing you follow the procedure set out below. You have no right to return Goods which have been delivered in accordance with the contract. 

a)     You must contact our support team to obtain a Returns Authorisation (RA) number and to arrange return delivery of the item(s). The RA number must be quoted on the returned items. Any items returned without an RA number will be rejected. Please be aware that we will not refund the carriage paid on the original order, or the cost of returning the items to us. Goods must be returned in the manufacturer`s original packaging and in a clean re-saleable condition, together with any additional enclosures, such as manuals, free software etc. You must ensure that adequate packaging is used to return the goods. We reserve the right to reject any item(s) returned that do meet the criteria laid out above.

b)    You will be wholly responsible for the cost of delivery and safe return of the goods. Goods received back incomplete or in a damaged or used condition will be returned to you and the cost of re-delivery charged to your account. We reserve the right to charge a handling fee up to 15% of the value of the product if it is not returned in a perfect condition and full working order.

c)     We cannot accept the return of opened software packages or Third Party Hardware such as mobile phones, handheld computing devices, storage media, Aquapacs. You will need to contact the manufacturer directly if you are not totally satisfied with an item of Third Party Hardware not originally manufactured or supplied by Wildkey Ltd. Similarly You will need to contact the supplier directly if you are not totally satisfied with an item of Third Party Service not originally supplied by Wildkey Ltd. 

d)    If for any reason you are issued with a refund, please note the following:
All refunds will be issued to the same payment method as on the original order.
When a refund is processed, you will receive an email notification.
A refund will usually reach your account within 4 working days, please allow up to 10 working days for it to be credited.

1.3 If you think that the Goods You have purchased are faulty, You will need to contact the manufacturer directly. If the manufacturer agrees that the product is faulty, in most cases they will be able to authorise a replacement/repair of the product.  In that event you should follow the procedure set out immediately above in section 1.2. Goods received back which prove to be non-defective will be returned to you and the cost of re-delivery charged to your account.

Opened software shall not be accepted for credit or exchange

 

Retention of Title

2. WildKnowledge and  You expressly agree that until WildKnowledge has been paid in full for the Goods comprised in this or any other sales contract between them and all outstanding amounts due to WildKnowledge from  You or any associated or subsidiary or holding company of You or from any director or shareholder of  You or any other such company:
(a) The Goods shall remain the property of WildKnowledge, and You, as bailee of them for WildKnowledge, will store the same for WildKnowledge in a proper manner without charge and in such a way that the goods are clearly identified as being the property of WildKnowledge, notwithstanding that the risk therein shall pass to You as provided herein;
(b) At any time WildKnowledge may recover from You the Goods remaining in Your possession, and may repossess and resell the Goods if Your right to possession of the Goods has terminated under paragraph (f) below or if any sum due to WildKnowledge as referred to at the beginning of this clause is not paid when due, and for the purposes thereof may enter upon any premises of or occupied by  You or any third party (with the consent of that third party);
(c) WildKnowledge shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from WildKnowledge;
(d) You have the right to dispose of the Goods in the course of its business for the account of WildKnowledge and to pass good title to the Goods to their customers being bona fide purchasers for value without notice of WildKnowledge's rights;
(e) In the event of such disposition  You or its Director(s) (if a Limited Company) has the fiduciary duty to account to WildKnowledge for proceeds thereof but may retain therefrom an excess of such proceeds over the amount outstanding to WildKnowledge under this or any other sales contract between them and for all outstanding amounts due to WildKnowledge from  You or any associated or subsidiary or holding company of  You or from any director or shareholder of  You or any other such company.
(f) Your right to possession of the Goods shall terminate immediately if:
(i)  You have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of  You or notice of intention to appoint an administrator is given by  You or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding up of  You or for the grant­ing of an administration order in respect of  You, or any proceedings are commenced relating to the insolvency or possible insolvency of  You; or
(ii)  You suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe or perform any of your obligations under the Contract or any other contract between WildKnowledge and  You, or are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or  You cease to trade; or
(iii)  You encumber or in any way charge any of the Goods.
3. Notwithstanding the preceding condition, all risk in respect of the Goods shall be assumed by  You upon delivery of the same to you.

 

Shortages or damages in transit

4. (a) You shall examine the Goods immediately they are delivered to you. WildKnowledge shall have no liability in respect of claims in respect of shortages or picking errors or damage in transit unless  You notify WildKnowledge's Customer Services department, followed by written notice within 5 working days after delivery. In any event, You shall have no liability in respect of claims in respect of shortages or damages in transit if You or your representative has signed for the Goods as being received in good condition.
(b) Any liability of WildKnowledge for shortages or picking errors or damage in transit shall be limited to replacing the missing or wrongly picked or damaged Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.  You shall return to WildKnowledge, promptly upon request, and in accordance with WildKnowledge's  returns policy set out in condition 18, any Goods that have been incorrectly delivered.

 

Non-delivery

5(a).WildKnowledge shall not be liable for any non-delivery of Goods (even if caused by WildKnowledge'ss negligence) unless  You notify WildKnowledge's Customer Services department , followed by written notice to WildKnowledge of the non-delivery within 5 working days of the date when the Goods would in the ordinary course of events have been received.
(b) Any liability of WildKnowledge for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

 

Late-delivery

6. Whilst WildKnowledge will use its best endeavours to deliver the Goods in accordance with  your requirements, WildKnowledge will not be liable for any consequences of late delivery howsoever caused.

 

Liability for defective products

 7. WildKnowledge's liability (in contract, tort (including negligence), misrepresentation or otherwise) in respect of defects in the Goods shall be limited to seeking redress from the original suppliers or other such compensatory measures as WildKnowledge at its discretion considers appropriate in the circumstances, and shall be conditional upon You complying with the conditions of the manufacturer's warranty (where applicable). Such measures shall relate only to the actual faulty items.

 

8. WildKnowledge shall not in any circumstances be under any liability to  You in respect of any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with any contract between WildKnowledge and  You for the sale and purchase of Goods, PROVIDED that these conditions do not exclude or restrict WildKnowledge's liability for fraudulent misrepresentation or for death or personal injury arising from its negligence.

 9 Notwithstanding the foregoing, if any failure of the Goods has resulted from abuse, misapplication, or unauthorized use, the limited warranty provided by this Contract is and shall be void.


10  To the maximum extent permitted by applicable law You acknowledge that  WildKnowledge's obligations and liabilities in respect of the Goods are exhaustively defined in this Contract. You agree that the express obligations and warranties made by WildKnowledge in this agreement are in lieu of and to the exclusion of any warranty, condition, term, undertaking or representation of any kind, express or implied, statutory or otherwise relating to anything supplied or services provided under or in connection with this Contract including (without limitation) as to the condition, quality, performance, or fitness for the purpose of the Goods or any part of it.


11 You are responsible for the consequences of any use of the Goods. WildKnowledge will not be liable for any indirect or consequential loss, damage, cost or expense of any kind whatsoever and however caused, whether arising under contract, tort (including negligence) or otherwise, including (without limitation) loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time and loss of goodwill or anticipated savings, even if WildKnowledge has been advised of their possibility.

 

12 You agree that, except as expressly provided in the above clause 8, WildKnowledge will not be under any liability of any kind whatsoever and however caused arising directly or indirectly in connection with this Contract. You will indemnify WildKnowledge in respect of any third party claim for any injury, loss, damage or expenses occasioned by or arising directly or indirectly from your possession, operation, use or modification of the Product except and in so far as WildKnowledge is liable as expressly provided in this Agreement.

 

13 You acknowledge and agree that the allocation of risk contained in the above 11 is reflected in the price paid for the Goods and is also recognition of the fact that inter alia it is not within WildKnowledge’s control how and for what purpose the Goods are used by You. 

 

 

 

General Provisions for any product 

 

1.1 In these Conditions of Sale:
"WildKnowledge" means Wildkey Ltd Limited, " You" means the person, firm, organisation or company ordering or buying the Goods from WildKnowledge;
"The Goods" means the goods the subject matter of the relevant order or contract for sale.
1.2. (a) Each order or acceptance of a quotation for Goods by  You from WildKnowledge shall be deemed to be an offer by the You to purchase Goods subject to these conditions.
(b) No contract in respect of the Goods between WildKnowledge and You shall exist until  Your order has been accepted by WildKnowledge. WildKnowledge may accept Your order by formal order acknowledgement or by despatch of the Goods to You (whichever is earlier).
(c) You shall be solely responsible for the accuracy of  Your orders.
(d) You can only cancel an order (or any part of an order) which WildKnowledge has already accepted, with WildKnowledge's prior agreement in writing.
(e) The contract between WildKnowledge and You for the sale and purchase of Goods shall be on these conditions and the general provisions above that are relevant to your Goods, to the exclusion of all other terms and conditions (including any terms or conditions which  You purport to apply under any purchase order, confirmation of order, specification or other document).
(f)No conditions or terms stipulated in any other communication or document shall vary
any of those conditions except insofar as the same are expressly consented to in writing by WildKnowledge.

 

Liability for defective products

 4. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract between WildKnowledge and You for the sale and purchase of Goods.

 

Entire and Final Agreement and Governing Law

5. This agreement shall constitute the entire agreement and understanding between the parties with respect to all matters, which are referred to and shall supersede any previous agreement(s) between the parties in relation to the matters referred to in this agreement.

If any provision of the Contract is found by any court or body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable that part of the provision shall be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

6. This Agreement will be construed in accordance with and governed by the law of England and Wales and each party agrees to submit to the non-exclusive jurisdiction of the Courts of England and Wales. 

 

 

Force Majeure

 

7 Neither party shall be liable for any failure or delay in performance of this agreement, which is caused by circumstances beyond the reasonable control of that party. 


 

Supervening illegality and severance

 

8 Any provision of this Agreement which is held invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions of this Agreement, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction.

 

 

Dispute Resolution

 

9.1 WildKnowledge and You will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this agreement or any breach of it. If any such dispute cannot be settled amicably through ordinary negotiations, the dispute shall be referred to the representatives nominated by each party who will meet in good faith in order to try and resolve the dispute. If the dispute or difference is not resolved as a result of such meeting either party may (at such meeting or within 14 days of its conclusion) propose to the other in writing that structured negotiations be entered into with the assistance of a neutral adviser or mediator ('Neutral Adviser') before resorting to litigation.

9.2 If the parties are unable to agree on a Neutral Adviser or if the Neutral Adviser agreed upon is unable or unwilling to act, any party may, within 14 days from the date of the proposal to appoint a Neutral Adviser or within 14 days of notice to any party that he is unable or unwilling to act, apply to the Centre for Dispute Resolution ('CEDR') in London to appoint a Neutral Adviser.

9.3 The parties will within 14 days of the appointment of the Neutral Adviser meet with him in order to agree a programme for the exchange of any relevant information and the structure to be adopted for the negotiation to be held in London. If considered appropriate the parties may at any stage seek assistance from CEDR to provide guidance on a suitable procedure.

9.4 All negotiations connected with the dispute will be conducted in complete confidence, and the parties undertake not to divulge details of such negotiations except to their professional advisers who will also be subject to such confidentiality, and will be without prejudice to the rights of the parties in any future proceedings.

9.5 If the parties accept the Neutral Adviser's recommendations or otherwise reach agreement on the resolution of the dispute, such agreement shall be reduced to writing and once, it is signed by their duly authorised representatives, shall be final and binding on the parties.

9.6 Failing agreement, any of the parties may invite the Neutral Adviser to provide a non-binding but informative opinion in writing as to the merits of the dispute and the rights and obligations of the parties. Such opinion will be provided on a without prejudice basis and will be private and confidential to the parties and may not be used in evidence in any proceedings commenced pursuant to the terms of this Agreement without the prior written consent of all the parties.

9.7 If the parties fail to reach agreement in the structured negotiations within 30 days of the Neutral Adviser being appointed, such a failure shall be without prejudice to the right of any party subsequently to refer any dispute or difference to litigation but the parties agree that before resorting to litigation structured negotiations in accordance with this clause (no) shall have taken place.

9.8 Nothing contained in this clause 9 shall restrict either party's freedom to commence legal proceedings to preserve any legal right or remedy or protect any proprietary or trade secret right. 


 

Assignment

 

You accept that WildKnowledge reserves the right to assign or transfer this agreement and its provisions to an associate or subsidiary company without notice.