WILDDECK LTD has not released any software. These terms are published in advance so that they can be read before anything is installed, rather than appearing for the first time at the moment when refusing them is inconvenient. Your statutory rights as a consumer come first throughout, and where a term below would conflict with them it simply does not apply.
1. Who these terms are between
They cover this website at wilddeck.co.uk and any mobile application published by the company. Where an application ships with its own supplementary terms, those prevail for that application to the extent of any conflict.
These terms are published in advance so they can be read before anything is installed, rather than presented for the first time at a moment when refusing is inconvenient.
2. Your statutory rights come first
Nothing in these terms affects your statutory rights as a consumer. Where these terms conflict with the Consumer Rights Act 2015 or any other consumer protection law, that law prevails and the conflicting term does not bind you.
What the Consumer Rights Act 2015 gives you for digital content
Digital content supplied to a consumer must be of satisfactory quality, fit for a particular purpose made known to the trader, and as described. Where it is not, Chapter 3 of Part 1 of that Act gives you a right to repair or replacement, and where that is impossible or not done within a reasonable time and without significant inconvenience, a right to a price reduction of up to the full amount paid.
If defective digital content damages your device or other digital content, and the damage would not have occurred had we exercised reasonable care and skill, section 46 of that Act entitles you to repair or compensation. That right cannot be excluded and this document does not attempt to.
Unfair terms
Part 2 of the same Act makes an unfair term in a consumer contract unenforceable. We have tried to write terms that would not need that protection, and where a term below turned out to be unfair it simply would not apply to you.
3. Cancellation rights, and the waiver we will ask for
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give you 14 days to cancel a distance contract for digital content and receive a refund.
The waiver
That right is lost for digital content supplied immediately, but only if you expressly consented to immediate supply and acknowledged that you would lose the right. Both are required, and both must happen before supply.
So where we sell downloadable content that is delivered at once, the purchase screen will state in plain words that supply begins immediately and that the 14 day cancellation right is lost as a result, and will ask you to confirm. If that screen ever fails to say so, the waiver has not been obtained and your 14 days remain.
Where the waiver does not arise
If content is not supplied immediately, the 14 day right applies in the ordinary way and no waiver is sought.
4. Licence to use an application
Subject to these terms we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use our applications on a device you own or control, for your own non-commercial use.
Not permitted
- Copying, selling, renting, sublicensing or distributing an application, or making it available on a network for simultaneous use by several people.
- Reverse engineering, decompiling or disassembling, except to the extent that restriction is void under section 50B or section 296A of the Copyright, Designs and Patents Act 1988, which permit decompilation for interoperability and prohibit contracting out of it.
- Removing or obscuring a notice of ownership.
- Using an application to develop a competing product, or to train a machine learning model on its assets.
The exception in the second bullet is spelled out rather than omitted, because a blanket prohibition on reverse engineering in a UK consumer contract is partly void and a term you cannot rely on is worse than an accurate one.
App store terms
Where you obtain an application from the App Store or Google Play, that store's terms also apply to the download and to any payment, and prevail over these for that subject matter. Apple and Google are not parties to these terms and have no obligation to support our applications. Where Apple's rules require it, Apple is a third party beneficiary in respect of an application distributed through the App Store.
5. Payment, refunds and subscriptions
Who takes your money
Any in-app payment is processed by the app store, not by us. We never see your card details and cannot refund directly, because we never received the funds.
How to get a refund
- App Store: request through Apple at reportaproblem.apple.com.
- Google Play: request through Google Play.
- From us: if the store refuses and you believe you have a remedy under the Consumer Rights Act 2015, write to [email protected]. We will deal with it on the merits, and a store refusal is not the end of your statutory rights.
Auto-renewing subscriptions
If we ever offer one, it will be billed by the store, cancellable in your store account settings at least 24 hours before the renewal date, and the price, renewal period and the fact that it renews automatically will be stated on the purchase screen before you buy rather than in a settings menu afterwards.
Prices
Prices are shown by the store in your local currency and include VAT where applicable. A price change never affects a purchase already completed.
6. Availability, changes and withdrawal
No uptime commitment
We do not promise that an application or this website will be available uninterrupted. Both depend on services we do not control.
Changing an application
We may add, change or remove features. Where a change removes something you paid for, that engages the Consumer Rights Act and we will deal with it as a quality issue rather than a product decision.
Withdrawal
If we withdraw an application we will give at least 60 days notice on this website and in the application. New purchases stop immediately on announcement, any unused paid content is refunded, and where an application holds data you created, an export is made available before the shutdown date.
7. Acceptable use
- Do not attempt unauthorised access to an application, to another person's data, or to our systems.
- Do not use an application unlawfully, or to store or distribute unlawful material.
- Do not interfere with anyone else's use of an application.
We may suspend or end access for a serious or repeated breach. Where we do, and you have paid for something that becomes unusable, your rights under the Consumer Rights Act still apply and we will deal with them.
8. Intellectual property
We own or licence everything in our applications and on this website: code, design, artwork, audio, the Wilddeck name and marks, and the arrangement of this site. Nothing here transfers any of it to you.
Anything you create
Content you create with one of our applications is yours. We claim no ownership of it and no licence to it beyond what is technically required to provide the feature you are using. We will not use it to promote the product without asking you first.
Streaming and review
You may record, stream and publish footage of our applications, including monetised video, and use screenshots and clips in reviews, news reporting, criticism and commentary. You keep the revenue and the copyright in your own recording. The only conditions are that you do not imply we produced or endorsed it, and you do not use our marks as the primary identifier of your channel.
Fair dealing
Nothing here limits fair dealing under the Copyright, Designs and Patents Act 1988 for criticism, review, quotation, parody, caricature, pastiche or news reporting.
Copyright complaints
Write to [email protected] identifying the work, what you say infringes it, the basis of your rights and your contact details.
9. Privacy
How personal data is handled is set out in the privacy notice, which forms part of these terms and is written to the UK GDPR and the Data Protection Act 2018. What this website stores on your device is in the cookie statement.
Nothing in these terms reduces a right you have under either document or under data protection law.
10. Liability
What is never excluded
Nothing here limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for breach of your statutory rights as a consumer, or for anything else that cannot lawfully be limited.
What we are responsible for
We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this agreement or failing to use reasonable care and skill. Loss is foreseeable if it is obvious that it will happen, or if at the time the contract was made both parties knew it might happen.
What we are not responsible for
We are not liable for loss that was not foreseeable, for loss arising from your own failure to keep a copy of data you can export, or for business losses. Our applications are supplied for domestic and private use; if you use one for a commercial purpose we have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity.
Device damage
Section 46 of the Consumer Rights Act 2015 applies to damage caused to your device by our digital content, and we do not attempt to cap or exclude it.
11. Governing law, jurisdiction and time limits
These terms are governed by Scots law. Both parties submit to the non-exclusive jurisdiction of the Scottish courts.
Non-exclusive matters for a consumer. If you live in England, Wales or Northern Ireland you may bring proceedings in the courts of the part of the United Kingdom where you live, and nothing here deprives you of the protection of the mandatory consumer law of your own jurisdiction.
Time limits
In Scotland an obligation under a contract of this kind generally prescribes after five years under the Prescription and Limitation (Scotland) Act 1973, which is shorter than the six year limitation period in England and Wales. We mention it because the difference is real and is not obvious from the fact that both are in the United Kingdom. We do not attempt to shorten it further by contract.
Where to take a complaint
The Scottish courts include the Sheriff Court simple procedure, which is designed for low value claims and does not require a solicitor. Free advice is available from Advice Direct Scotland at consumeradvice.scot, and from Citizens Advice elsewhere in the United Kingdom.
12. General, and how to reach us
Changes to these terms
The version in force is the one published here with the effective date shown at the top. Where a change materially reduces your rights we will give at least 30 days notice, by a notice in the application on next launch and a note at the top of this page, and the change will not apply retrospectively to a purchase you have already made.
Severance and waiver
If a provision is unenforceable, it is severed and the rest continues. A failure to enforce a provision is not a waiver of it.
Assignment
You may not transfer your rights under these terms. We may transfer ours if the business is sold, and if we do, your rights under these terms and the privacy notice transfer with them and are not reduced.
Trading disclosure
WILDDECK LTD, registered in Scotland, company number SC880737. The company's registered office is recorded against company number SC880737 on the public register at Companies House, which is the address with legal effect for service of a document. Email [email protected]. These details are published as the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015 require.
Officer details are not reproduced on this site. They are held on the public register at Companies House and can be searched there.