BAITCAMP is licensed to You (End-User) by PHH Digital Ltd, located and registered at 1 Dovedale Road, Stockport, Cheshire SK2 5DZ, United Kingdom (‘Licensor‘), for use only under the terms of this Licence Agreement.
By downloading the Licensed Application from Apple’s software distribution platform (‘App Store’) and Google’s software distribution platform (‘Play Store’), and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement. App Store and Play Store are referred to in this Licence Agreement as ‘Services‘.
The parties of this Licence Agreement acknowledge that the Services are not a Party to this Licence Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. PHH Digital Ltd, not the Services, is solely responsible for the Licensed Application and the content thereof.This Licence Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest
Apple Media Services Terms and Conditions and
Google Play Terms of Service (‘Usage Rules‘).PHH Digital Ltd acknowledges that it had the opportunity to review the Usage Rules and this Licence Agreement is not conflicting with them.BAITCAMPwhen purchased or downloaded through the Services, is licensed to You for use only under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You. BAITCAMP is to be used on devices that operate with Apple’s operating systems (‘iOS’ and ‘Mac OS’) or Google’s operating system (‘Android’).
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENCE
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
5. USE OF DATA
6. USER-GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENCE
8. LIABILITY
9. WARRANTY
10. PRODUCT CLAIMS
11. LEGAL COMPLIANCE
12. CONTACT INFORMATION
13. TERMINATION
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
15. INTELLECTUAL PROPERTY RIGHTS
16. APPLICABLE LAW
17. PURCHASES
18. INDIVIDUAL SUBSCRIPTIONS AUTOMATICALLY RENEW UNTIL YOU CANCEL & HOW TO CANCEL YOUR INDIVIDUAL SUBSCRIPTION
19. MISCELLANEOUS
BAITCAMP (‘Licensed Application‘) is a piece of software created to Allow user to plan, record fishing trips and license information — and customised for iOS and Android mobile devices (‘Devices‘). It is used to Our app aims to help you plan your fishing trips before heading out. As well as offering a range of features helping you to keep a comprehensive record of your fishing successes.
This version of our app provides you with the following tools to improve your fishing experience.
Sunrise and sunset notification each evening for the next day.
Local weather forecasts. Allowing you to plan what technique(s) to use ahead of time.
A fishing log/diary allowing you record your fishing trips. Create your own personal catch reports.
A membership section to keep track of your licenses and memberships. Add pictures to a license in case you forget to take it on your next fishing trip.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2.1 You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This licence will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate licence is provided for such update, in which case the terms of that new licence will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with PHH Digital Ltd’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with PHH Digital Ltd’s prior written consent).
2.5 You may not copy (excluding when expressly authorised by this licence and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this licence should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
4.2 PHH Digital Ltd and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: https://baitcamp.net/privacy-policy-app/.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this Licence Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this Licence Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorise any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Licence Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of PHH Digital Ltd’s sphere of influence that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify PHH Digital Ltd about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of thirty (30) days after discovery.
9.4 If we confirm that the Licensed Application is defective, PHH Digital Ltd reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
PHH Digital Ltd and the End-User acknowledge that PHH Digital Ltd, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
BAITCAMP Support
1 Dovedale Road
Stockport, Cheshire SK2 5DZ
United Kingdom
13. TERMINATION
The licence is valid until terminated by PHH Digital Ltd or by You. Your rights under this licence will terminate automatically and without notice from PHH Digital Ltd if You fail to adhere to any term(s) of this licence. Upon Licence termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
PHH Digital Ltd represents and warrants that PHH Digital Ltd will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the ‘Instructions for Minimum Terms of Developer’s End-User Licence Agreement’, both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and — upon Your acceptance of the terms and conditions of this Licence Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User Licence Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
PHH Digital Ltd and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, PHH Digital Ltd, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.
This Licence Agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.
17. Purchases
Fees for Subscriptions and Products
BAITCAMP offers certain enhanced features of the Services which you can access (a) by purchasing a monthly subscription (“Individual Subscription”). When you purchase an Individual Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing (collectively, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction through the Services, you authorize us to provide your Payment Information to third-party service providers so we can complete your Transaction and agree (x) to pay the applicable fees and any taxes specified at the time of purchase; (y) that BAITCAMP may charge your credit card or third-party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider”), may be charged; and (z) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on BAITCAMP until accepted and confirmed by BAITCAMP. All payments made are non-refundable and non-transferable except as expressly provided in these Terms. If you have any concerns or objections regarding charges, you will raise them with us first and you will not cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with BAITCAMP. BAITCAM Preserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances BAITCAMP deems appropriate in its reasonable discretion. BAITCAMP also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order in accordance with requirements under applicable data protection law. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). BAITCAMP will either not charge you or refund the charges for orders that we do not process or cancel.
18. Individual Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Individual Subscription
The timing of your payment and the automatic renewal of your Individual Subscription will depend on the duration of your Individual Subscription period and are subject to cancellation rights specified in these Terms. For lifetime Individual Subscriptions, all amounts are payable and charged at the time you place your order. For monthly or yearly Individual Subscriptions, which renew automatically for an additional subscription period equal in length to the expiring subscription period until you cancel, all amounts are payable: (a) at the beginning of the subscription period and (b) at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Individual Subscription before it renews to avoid the billing of the fees for the next Individual Subscription period. You will receive a prior notice that your renewal is approaching. If you purchase your Individual Subscription via the Site, you can cancel the renewal of your Individual Subscription at any time by contacting us by email at [email protected]. If you purchase your Individual Subscription via an App Provider, you can cancel the renewal of your Individual Subscription at any time with the App Provider. When you purchase through an App Provider, the App Provider’s terms of sale will apply to such purchases and these Terms will apply to your use of Services. If you used a promo code, coupon code, or other discount to sign up for a subscription, your subscription will automatically renew at the then-current price at the end of the discounted-price period, except where another promotional offer applies to you.Except as expressly provided in these Terms, you will not receive a refund for the fees you already paid for your current Individual Subscription period and you will continue to receive the Services until the end of your then-current Individual Subscription period. Apple handles all billing for in-app purchases made on iOS devices. Customers who subscribed to BAITCAMP through iTunes will need to reach out to Apple directly with any refund requests. They are typically able to honor all refund requests within 30 days of the purchase date (but it’s at their discretion). You should contact Apple directly for details.
19. MISCELLANEOUS
19.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
19.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
