Terms and conditions

Terms and Conditions

PORTABLE MULTIMEDIA LIMITED: ON-LINE TERMS AND CONDITIONS OF SALE


1. These terms

  • What these terms cover. These are the terms and conditions on which we will supply to you goods that you order via our website www.nextbase.co.uk. If you do not accept these terms and conditions, please do not order any goods from our website.
  • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or if you have any questions about them, please contact us to discuss before you submit your order.
  • Please keep a copy for your records. You should print a copy of these terms and conditions or save them to your computer for future reference.
  • We update our terms and conditions from time to time. The terms and conditions applicable to your order will be the terms and conditions displayed on our website when you submit your order. Please check the terms and conditions displayed on our website every time you wish to order goods to ensure you understand the terms and conditions which will apply to that order.
  • Are you a business customer or a consumer? In some areas of these terms you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
  • You are an individual.
  • You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
  • If you are a business customer this is our entire agreement with you. If you are a business customer these terms, together with our returns policy in force from time to time and the terms of any applicable voluntary manufacturer’s warranty offered by us at the date we accepted your order constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
  • In these terms and conditions ‘you’ means:
  • In the case of a consumer or a sole trader: the individual placing the relevant order;
  • In the case of any other person: The organisation or entity on behalf of which you place the relevant order.
  • By submitting an order on behalf of any person other than yourself (for example a business or company), by submitting the relevant order you confirm that you have authority to act on behalf of and to bind that other person to these terms and conditions.
  • Interpretation:
  • a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
  • any phrase introduced by the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
  • A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2. Information about us and how to contact us
  • Who we are.
  • We are Portable Multimedia Limited a company registered in England and Wales. We trade under the names “Nextbase”, “Portable Multimedia”, and “Voyager Systems”.
  • Our company registration number is 4038169 and our registered office is at Dorna House Two Guildford Road West End Woking England GU24 9PW Our registered VAT number is 742504649.
  • How to contact us.
  • You can contact us by telephoning our customer service team at +44 (0)1276 855641 or by writing to us at [email protected] and Portable Multimedia Limited, Dorna House Two, 52 Guildford Road, West End, Surrey, GU24 9PW, England.
  • If you would like technical support or assistance, please contract our Product Support Centre:
  • The Product Support Centre helpline number is +44 (0) 2920 866429.
  • The Helpline is available to retailers, distributors and customers alike.
  • Hours of operation are 9am to 9pm GMT / BST (as appropriate), seven days a week.
  • The Product Support Centre’s address is Product Support Centre, Unit B, Caerphilly Business Park, Van Road, Caerphilly, CF83 3ED.
  • Call charges will apply for calling us. The charges will depend on your location and on your network provider. Please contact your network provider for further details.
  • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or which you provide to us from time to time.
  • Voluntary Manufacturers Warranty.
  • We provide a voluntary manufacturers warranty on many products in our range.
  • Our voluntary manufacturers warranties provide additional and alternative rights and remedies to those contained in these terms and conditions and any legal rights that you may have.
  • For details of the voluntary manufacturers warranties offered by us, please see our website nextbase.com/warranty-policy/
  • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
  • Age restriction. If you are purchasing as an individual, you may only purchase goods from our website if you are 18 years of age or older.
  • How we will accept your order. Your order constitutes an offer by you to purchase the relevant goods in accordance with these terms and conditions. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
  • If we cannot accept or do not wish to accept your order. If we are unable to accept your order or do not wish to accept your order, we will inform you of this in writing and will not charge you for the product. For example, this might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
  • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
  • We only sell to the UK. Our website is solely for the promotion of our goods in the UK. Unfortunately, we do not accept orders from addresses outside of the UK.
4. Our goods
  • Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your product may vary slightly from those images.
  • Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Your rights to make changes
  • If you wish to make a change to an order you have submitted please contact us.
  • We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
  • If any changes of the type described in clause 5.2 are required, we will not implement the changes unless you confirm to us that you wish to proceed on the basis of the relevant changes.
6. Our rights to make changes
  • Minor changes to the goods. We may change the product or your order:
  • to reflect changes in relevant laws and regulatory requirements; and
  • to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
7. Providing the goods
  • Delivery charges. The prices of goods displayed on our website do not include delivery charges. Our delivery options and associated charges will be displayed to you during the check out process before you submit your order.
  • When we will provide the goods. We will contact you with an estimated delivery date after we accept your order, which will be within 30 days after the day on which we accept your order. All dates for delivery are approximate and shall not be of the essence.
  • We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received. Refunds will be processed subject to and in accordance with our returns policy nextbase.com/returns-refund-cancellation-policy/
  • If you are not at the delivery address when the goods are delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
  • If you do not re-arrange delivery. If you do not collect the goods as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from the delivery depot and despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
  • When you become responsible for the goods. Goods will be your responsibility from the time we deliver the product to the address you gave us for delivery.
  • When you own goods. You own goods supplied by us once we have received cleared funds payment of the price for the goods and any costs associated with the supply of those goods (for example, delivery costs).
  • Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:
  • deal with technical problems or make minor technical changes;
  • update the product to reflect changes in relevant laws and regulatory requirements;
  • make changes to the product as requested by you or notified by us to you (see clauses 5 and 6).
  • If we believe the delivery address is not secure.
  • Your rights if we suspend the supply of goods.
  • We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If the suspension is urgent or is due to an emergency, we will tell you as soon as reasonably possible after suspension that we have suspended supply of the relevant goods.
  • You may contact us to end the contract for a product if we suspend the supply of it for a period of more than 14 (fourteen) days and we will refund any sums you have paid in advance for the product. Refunds will be processed subject to and in accordance with our returns policy nextbase.com/returns-refund-cancellation-policy/
8. Your rights to end the contract
  • You can always end your contract with us. Your rights when you end the contract will depend on what you have purchased, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
  • If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced), see clause 12 if you are a consumer and clause 13 if you are a business. In addition, you may have rights under a voluntary manufacturer’s warranty that we provide – please see our voluntary manufacturers warranty terms and conditions nextbase.com/warranty-policy/ for more details.
  • If you want to end the contract because of something we have done or have told you we are going to do, please see clause 2;
  • If you are a consumer and have just changed your mind about the product, please see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you may not be refunded for all of the delivery charges that you paid us – refunds will be processed subject to and in accordance with our returns policy www.nextbase.com/returns-refund-cancellation-policy/
  • In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), please see clause 8.6.
  • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (8.2.1) to (8.2.5) below the contract will end immediately and we will refund you in full in accordance with our returns policy nextbase.com/returns-refund-cancellation-policy/ for any products that have not been provided and you may be entitled to compensation. The reasons are:
  • we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);
  • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
  • there is a risk that supply of the goods may be significantly delayed because of events outside our control;
  • we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 (fourteen) days;
  • we have not delivered the goods within 30 days after the day on which we accepted your order; or
  • you have a legal right to end the contract because of something we have done wrong.
  • Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most goods bought online you have a legal right to change your mind within 14 days and receive a refund. Refunds will be processed subject to and in accordance with our Returns Policy nextbase.com/returns-refund-cancellation-policy/ These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
  • Guarantee under the Consumer Contracts Regulations 2013:
Right under the Consumer Contracts 

Regulations 2013

14 day period to change your mind.
Consumer to pay costs of return.
Please note that we offer a returns policy within 28 days of purchase – please see our full Returns Policy for more details www.nextbase.com/returns-refund-cancellation-policy/
  • How long do consumers have to change their minds? If you are a consumer who has bought goods you have 14 days after the day you (or someone you nominate) receives the goods to change your mind about the goods, unless your order is split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery in respect of the relevant order to change your mind about the goods.
  • Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.3), you can still end the contract before it is completed, but you may have to pay us compensation – we will let you know if this is the case and how much compensation we consider to be due. A contract for goods is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided. Refunds will be processed subject to and in accordance with our returns policy nextbase.com/returns-refund-cancellation-policy/
9.How to end the contract with us (including if you are a consumer who has changed their mind)
  • Tell us you want to end the contract
  • To end the contract with us, please contacting us by using one of the methods set out in clause 2.2 above.
  • If you are a consumer, you can also notify us that you wish to end the contract by printing, completing and sending to us the model cancellation form (which can be found at the end of these terms and conditions), but you do not have to use it.
  • Returning goods after ending the contract
  • If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us.
  • For details of our returns process, please see our returns policy available at nextbase.com/returns-refund-cancellation-policy/
10. Our rights to end the contract
  • We may end the contract if you break it. We may end the contract at any time by writing to you if:
  • you do not make any payment to us when it is due and you still do not make payment within 5 (five) days of us reminding you that payment is due;
  • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, the delivery address.
  • you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us;
  • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. We will let you know if this is the case, and the amount that we consider is due. Refunds will be processed subject to and in accordance with our returns policy www.nextbase.com/returns-refund-cancellation-policy/
  • We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as reasonably possible in advance of our stopping the supply of the product and will refund any sums you have paid in advance for goods which will not be provided. Refunds will be processed subject to and in accordance with our returns policy nextbase.com/returns-refund-cancellation-policy/
11.If there is a problem with the product
  • How to tell us about problems. If you have any questions or complaints about the product, please contact us by using one of the methods set out in clause 2.2 above.
12.Your rights in respect of defective goods if you are a consumer
  • If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.
  • If the product that you have purchased has the benefit of a voluntary manufacturer’s warranty provided by us, our voluntary manufacturer’s warranty nextbase.com/warranty-policy/ provides separate additional rights to the legal rights referred to in clause 12.1. You are free to choose whether you would like to enforce your legal rights, your rights under this contract and / or your rights under our manufacturer’s warranty.
  • Your obligation to return rejected goods.
  • If you wish to exercise your legal rights to reject goods you must return them to us in accordance with our Returns Policy nextbase.com/returns-refund-cancellation-policy/
  • We provide a pre-paid returns label for goods being returned within the first 28 days of purchase.
  • Please contact the Product Support Centre for a “Returns Merchandise Authorisation” (RMA) reference number. This can be requested by phoning 02920866429, fax 02920864280, or email [email protected].
  • Please note that goods remain your responsibility until they are received by us at our returns address. Please contact us by using one of the methods set out in clause 2 above to tell us you wish to reject the goods.
  • Please see our Returns Policy for further details nextbase.com/returns-refund-cancellation-policy/
13.Your rights in respect of defective goods if you are a business
  • We warrant that on delivery the goods supplied by us shall:
  • conform in all material respects with their description and any applicable specification;
  • be free from material defects in design, material and workmanship; and
  • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
  • Subject to clause 3, if:
  • you give us notice in writing that some or all of the goods do not comply with the warranty set out in clause :1
  • in the case of a defect that is apparent on normal visual inspection, within seven days of delivery of the relevant product to you; or
  • in any other case, within thirty days of delivery of the relevant product to you
  • we are given a reasonable opportunity of examining such goods; and
  • you (if asked to do so by us) return such goods to our place of business (our Returns Policy nextbase.com/returns-refund-cancellation-policy/ explains who will bear the costs of return shipping),
we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full. Refunds will be processed subject to and in accordance with our returns policy www.nextbase.com/returns-refund-cancellation-policy/
  • We shall not be liable for the goods’ failure to comply with the warranty set out in clause 1 in any of the following events:
  • You make any further use of such goods after giving notice in accordance with clause 2.1;
  • the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the goods or (if there are none) good trade practice regarding the same;
  • the defect arises because of the use of non-approved accessories or components;
  • the relevant goods have been subject to any alteration or repair by you or by a third party who is not one of our authorised repairers without our prior written consent;
  • the defect arises as a result of fair wear and tear, wilful damage, misuse and abuse, accident, negligence by you or any third party, or abnormal storage or working conditions; or
  • the goods differ from any applicable specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
  • If you fail to give notice of rejection in accordance with clause 2.1, you shall be deemed to have accepted the relevant goods.
  • Except as provided in this clause 13 we shall have no liability to you in respect of the goods’ failure to comply with the warranty set out in clause 1.
  • The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from these terms and conditions.
  • These terms and conditions shall apply to any repaired or replacement goods supplied by us.
  • You must return any rejected goods in accordance with our Returns Policy nextbase.com/returns-refund-cancellation-policy/ .Please note that goods remain at your risk until they are received by us at our returns address unless they are returned using a pre-paid label supplied by us, in which case the goods will be at our risk from the point you provide them to our carrier.
  • If we agree to refund the price of the rejected goods, your refund will be processed subject to and in accordance with our returns policy nextbase.com/returns-refund-cancellation-policy/
  • Any applicable voluntary manufacturer’s warranty nextbase.com/warranty-policy/ provided by us gives you separate additional rights to the warranty provided in clause 13.1.
14.Price and payment
  • Where to find the price for the product. The price of the product (which includes VAT in respect of consumer sales and which excluded VAT for business sales) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
  • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
  • What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
  • When you must pay and how you must pay.
  • We accept payment via the PayPal platform on our website, the platform allows you to make payment using Visa, MasterCard, American Express or Maestro.
  • All payments must be made via the PayPal platform on our website. We do not accept payment over the phone.
  • Payment is deducted when your order is submitted.
  • Our right of set-off if you are a business customer.
  • If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  • If you are a business customer we may at any time, without notice to you set off any liability of you to us against any liability of us to you, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under this contract. Any exercise by us of our rights under this clause shall not limit or affect any other rights or remedies available to us under this contract or otherwise.
  • We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of National Westminster Bank PLC from time to time in force. 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.
  • What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15.Our responsibility for loss or damage suffered by you if you are a consumer
  • We are responsible to you for foreseeable loss and damage caused by us. 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, but we are not responsible for any loss or damage that is not foreseeable. 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.
  • 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; or for breach of your legal rights in relation to the goods where you are a consumer.
  • We are not liable for business losses. If you are a consumer we only supply the goods for to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16.Our responsibility for loss or damage suffered by you if you are a business
  • Nothing in these terms shall limit or exclude our liability for:
  • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979;
  • any matter in respect of which it would be unlawful for us to exclude or restrict liability
  • Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.
  • Subject to clause 1:
  • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  • our total liability to you for all other losses arising under or in connection with the relevant contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to an amount not to exceed the price paid by you for goods under the relevant contract.
17.Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
  • Pay in 3
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
18.How we may use your personal information
  • How we will use your personal information. We will use the personal information that you provide to us:
19.Other important terms
  • We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another person or organisation. We will always tell you in writing if this happens and if you are a consumer will be ensure that the transfer will not affect your rights under the contract.
  • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer any applicable voluntary manufacturers warranty provided by us without our written agreement and without restriction.
  • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms
  • If a court finds part of this contract illegal, the rest will continue in force. 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.
  • Even if we delay in enforcing this contract, we can still enforce it later. 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 goods, we can still require you to make the payment at a later date.
  • Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
  • Alternative dispute resolution if you are a consumer. Under EU Regulations we are required to provide consumers with an electronic link to the Online Dispute Resolution (ODR) platform. You can submit a complaint via the Online Dispute Resolution platform, which can be found at https://webgate.ec.europa.eu/odr/  main/index.cfm?event=main.home.chooseLanguage.
  • Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.                        

20. Nextbase Video Footage Purchase Agreement



IMPORTANT:


1) This agreement creates certain legal obligations, along with important information about us and your video footage – for example who we are, how we can use your video footage, the fact that you will not have any legal “cooling off” rights and information about which aspects of this agreement you can and cannot terminate.


2) If you do not want to transfer ownership rights in the Video Footage and related Incident Information to us, please do not enter in to this agreement. if you do, you will be selling ownership of the Video Footage and Incident Information to us on the basis set out below.


3) By entering in to this agreement you will be entering in to a legally binding contract on the terms set out below.


4) We intend to rely on these terms. If you have any questions about these terms, please consult with independent legal counsel before entering into this agreement.


5) If you have specific questions about this agreement, you can also contact us using the contact details provided below.






BACKGROUND





A) By entering into this Agreement, You agree to transfer and assign to us legal and beneficial ownership of your video footage (as set out below) (the “Video Footage”) along with any description about the Video Footage you submit to us using our online form (“Incident Information”). In return, you will retain the limited right to continue using the Video Footage and Incident Information for your personal use.





B) IMPORTANT: This means that ownership of the Video Footage and Incident Information will belong to us, and that we will allow you to continue to use your video on a limited basis in accordance with clause 4 of this agreement.





1. Important information





1.1 Why you should read this agreement in full. Please read these terms carefully before you enter into this agreement. This agreement tells you who we are, what happens to ownership of your Video Footage and Incident Information, how we may use your Video Footage and Incident Information, how you may use your Video Footage and Incident Information after you have transferred ownership to us and other important information. If you think that there is a mistake in this agreement, please contact us to discuss before you enter in to it.





1.2 Who we are.





1.2.1 We are ___________ (“we” / “us” / “our”).



1.2.2 Our registered office is ___________



1.2.3 You can contact us as follows:



1.2.3.1 Phone: _____________



1.2.3.2 Email: [email protected]



1.2.3.3 Web: www.nextbase.com





1.3 In this agreement, if we use the words including, include, in particular, for example or similar phrases, we are giving examples and those words shall not limit the terms, description, definition or phrases that follows those words.





1.4 How the contract is formed. If you agree to transfer ownership in your Video Footage and Incident Information to us under this agreement, please submit the required information using our online form. This agreement, once entered into by you, forms a legally binding agreement between you and us.









2. Consideration





2.1 What you will receive in return for transferring ownership in the Video Footage and Incident Information to us. In consideration for your transfer of ownership of the Video Footage and Incident Information, we agree to provide you with the consideration (for example a Nextbase discount code) identified on our website when you enter into these terms, or alternately, any other exchange we agree to in writing before you submit the relevant Video Footage and Incident Information (the “Consideration”).







2.2 When we will provide the Consideration.







2.2.1 We shall provide you with the Consideration approximately 5 to 10 days after validating that the Video Footage and Incident Information (i) complies with the guidelines published on our website, or (ii) where relevant, at a time that is mutually agreed in writing between the parties prior to your submitting the Video Footage and Incident Information. The validation process will occur after you have you entered into these terms and delivered the Video Footage and Incident Information to us via the on-line form accessible on our website.



2.2.2 It may take us up to 10 days from receipt to validate the Video Footage and Incident Information, so it may take up to 20 days for you to receive your Consideration.



2.2.3 If there is a problem with the Video Footage or Incident Information you submitted (for example because it does not comply with the guidelines set forth in clause 2.2.1), we will contact you promptly after our validation efforts. In such circumstances, we shall have the right to cancel this agreement. You shall be contacted in the event we exercise our right to cancel this agreement.



2.2.4 We will not be obliged to provide you with the Consideration unless and until the Video Footage and Incident Information is validated pursuant to the requirements set forth in clause 2.2.1 above.







3. Transfer of Ownership





3.1 You agree to transfer ownership in the Video Footage and Incident Information to us. When you enter in to this contract you hereby assign, transfer, set over and convey to us:





3.1.1 One-hundred percent (100%) of your interest in and to the Video Footage and Incident Information which you own, or may become entitled to own, anywhere in the world and universe, including without limitation, the copyrights and proprietary rights therein and any renewals and extensions thereof (whether presently available or subsequently available as a result of intervening legislation) in the United States of America and elsewhere throughout the world;





3.1.2 all other legal and beneficial ownership, rights and interests whatsoever in the Video Footage and Incident Information; and





3.1.3 the right to bring, make, oppose, defend, appeal, and obtain relief (and to retain any damages recovered) in connection with any and all causes action for infringement, or any other cause of action, arising from ownership of the Video Footage and Incident Information, whether occurring in the past, present and/or future.





3.2 Our rights regarding the Video Footage and Incident Information.





You understand and agree that as a result of transferring ownership in the Video Footage and Incident Information to us, we will have the unlimited right to use, edit, copy, alter, add to, take from and adapt the Video Footage and Incident Information for any purpose as we see fit.



3.2.1 This means that we can use the Video Footage and Incident Information for any purpose we decide - for example we could use the Video Footage and Incident Information:





3.2.1.1 for business purposes, including commercial exploitation, training and technical support;



3.2.1.2 for our own marketing purposes, including editing, copying and distributing the Video Footage and/or Incident Information to third parties, and to publish the Video Footage and/or Incident Information in the media including print publications, promotional materials and advertising, on the internet and on social media platforms, including, Facebook, YouTube, Twitter and Instagram; and



3.2.1.3 by granting licences to use the Video Footage and/or Incident Information to third parties.





3.3 No rights of termination nor any cooling off periods apply to clause 3.1 and the transfer of ownership of the Video Footage and Incident Information. This means that you cannot cancel or terminate the transfer of ownership once you have entered in to these terms. Please therefore think carefully before agreeing to this contract.





3.4 You agree to waive your moral rights (“Droite Moral”) to the Video Footage and Incident Information. You waive all rights that you have now or in the future to be identified as the creator of the Video Footage and Incident Information, and to be associated with it and have it attributed to you. You also agree that you can’t object to any editing of the Video Footage and Incident Information or how it is used.





3.5 You agree that we shall have the right to use your name, voice, likeness and/or appearance for use in connection with the Video Footage and any video, film, clip, program or other audio, audio-visual or digital materials in which the Video Footage may be incorporated, including promotional and advertising materials. We may also edit your appearance as we see fit.





3.6 You confirm that you have the necessary waivers to enter this agreement. If any person other than you is featured or appears in the Video Footage or Incident Information, you confirm that you have obtained written consent from them to use their name, voice, likeness and/or appearance. Important: if you have not obtained their written consents, please do not enter in to this contract with us.





3.7 We may transfer our rights and obligations under this contract to another organisation or person. We will tell you by email if this happens, and will ensure that any transfer will not affect your rights under this agreement.







4. Video Footage and Incident Information Licence





4.1 We will grant you a limited licence to use the Video Footage and Incident Information for your personal, non-commercial purposes.





4.1.1 Immediately after ownership of the Video Footage and Incident Information is transferred to us, we will grant you the limited right to use the Video Footage and Incident Information for personal, non-commercial related purposes.



4.1.2 The above right is for personal purposes only, so you must not use the Video Footage or Incident Information for any commercial or business purposes – for example licensing or making it available it to others for any form of gain or payment.



4.1.3 You agree not to post or otherwise publish the Video Footage or Incident Information in any manner that may harm our reputation, including the use of derogatory or damaging comments or captions.





4.2 Some important terms in relation to the licence we grant to you to continue to use the Video Footage and Incident Information:





4.2.1 The licence will not be exclusive to you. This means that we can continue to use the Video Footage and Incident Information ourselves and licence it to any other organisation or person.





4.2.2 The licence will be “worldwide” meaning that you can use the Video Footage and Incident Information anywhere in the world.





4.2.3 The licence will be “royalty free”, which means you don’t have to pay us any sums to use the Video Footage and Incident Information.





4.2.4 You may not sub-licence any of your rights under this licence to another organisation or person. This means that you cannot grant third parties the right to use the Video Footage and Incident Information.





4.2.5 The licence will be “perpetual” which means the licence will last forever unless we terminate the licence because you breach these terms, or you terminate the licence in accordance with clause 4.2.8.1.





4.2.6 We may end the licence if you break these terms.





4.2.6.1 We may end the licence granted to you in clause 4.1 if you break the terms of the licence (for instance, by using the Video Footage and Incidental Information for any business or commercial purpose per clause 4.1.2) in any serious way.





4.2.6.2 If your licence to use the Video Footage and Incident Information ends, you will not be able to use the Video Footage and Incident Information and we will still own it.





4.2.7 No legal right to change your mind.





4.2.7.1 By entering in to this agreement you consent to immediate performance of the clause 4.1 licence and acknowledge that you cannot withdraw from that licence once it has begun.



4.2.7.2 This means you will not have a legal right to change your mind about the clause 4.1 licence - sometimes referred to as a “cooling off” right.



4.2.7.3 Important: You do not have a legal right to withdraw from or cancel the clause 3.1 transfer of ownership in respect of the Video Footage and Incident Information.





4.2.8 Your rights to end the clause 4.1 licence.





4.2.8.1 You can terminate the licence granted to you in clause 4.1 at any time. If you would like to end that licence, please let us know using the contact details in clause 1.2.





4.2.8.2 IMPORTANT:





(a) If you end the licence, you will no longer have any rights to use the Video Footage and Incident Information and you must promptly delete all copies of them.





(b) Ending the license granted to you in clause 4.1 will not affect the transfer of ownership of the Video Footage and Incident Information to us (as described in clause 3.1), which will remain valid. Please therefore think carefully before ending the clause 4.1 licence.





5. Your Contractual Promises





5.1 You promise that the below statements are correct. If any of them are not correct, DO NOT enter in to this agreement as you may be in breach of contract by doing so. By entering in to this agreement, you confirm to us that:





5.1.1 You are the sole and legal and beneficial owner of, and own all rights and interest in the Video Footage and Incident Information – in other words, you own all of the Video Footage and Incident Information;





5.1.2 You have not licenced or transferred any legal rights relating to the Video Footage or Incident Information to any other person; and





5.1.3 The Video Footage and Incident Information belongs to you and has not been copied from any other source.





5.1.4 The Video Footage does not contain content that(I) is libellous, defamatory, obscene, pornographic, abusive, or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or foreign law or regulation; (iii) denigrates a class of people because of their race, religion, country of origin, sexual orientation or gender; (iv) depicts violent or criminal acts, perpetrators or victims of violence or crime, or seeks to incite violence or crime; (v) relates or pertains to any "hate group," i.e. , groups that are organized to promote the oppression of any class of people; or (vi) creates a false identity for the purpose of misleading others.





5.1.5 You agree to indemnify and hold us and our officers, directors, employees, agents, parents, subsidiaries, partners and affiliates harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, due to or arising out of your breach of this agreement or your representations and warranties herein, or due to any content included in the Video Footage and Incident Information or any infringement of a third party’s intellectual property, privacy or other rights.





6. Data Protection





6.1 We both agree to comply with data protection laws. Both parties (i.e., you and us), shall, at their own expense, comply with, and assist each other to comply with, the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data. This includes any data protection legislation from time to time in force in the United States, the European Union (EU) and/or the United Kingdom, including the Data Protection Act 2018, and the General Data Protection Regulation ((EU) 2016/679) (“GDPR”). This clause is in addition to, and does not reduce, remove or replace, either our or your obligations arising from such requirements.





6.2 How we will use your personal information. For the purposes of this agreement, the data controller is ______________ [Portable Multimedia Limited?]. We will use the personal information you provide to us (including personal information in the Video Footage and the Incident Information) in accordance with our privacy policy available at: www.nextbase.com/en-gb/privacy-policy/.





7. Other Important Terms





7.1 You agree to assist us to give full effect to this agreement. If we need your help to ensure this agreement is effective and works in accordance with its terms, you agree to promptly give us that help at no cost. For example, we might ask you to sign a document to transfer this contract to someone else as described above. We agree that we won’t ask you to do anything unreasonable.





7.2 Nobody else has any rights under this agreement. This agreement is between you and us. No other person has any rights to enforce its terms, unless we transfer our rights and obligations under this agreement to a third party as described in clause 3.6.





7.3 If a court finds part of this contract illegal, the rest will continue in force. In other words, each of the clauses in this agreement operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.





Even if we delay in enforcing this contract, we can still enforce it later. If we don’t insist immediately that you do something required under this contract, or if we delay in taking any steps against you if you break this contract, that does not mean that you do not have to do those things or that you can prevent us taking steps against you at a later date.





7.4 Independent Contractor Status. You are entering into this contract as an independent contractor, and no agency, partnership, joint venture, employer-employee or other relationship is intended or created by this Agreement.





7.5 Aggregate Liability. In the event of any alleged breach of this agreement by us, you agree that our total aggregate liability for any claim or cause of action will not exceed the total Consideration you received from us for the Video Footage and Incident Information.





7.6 Arbitration of Disputes. Each of us agrees to submit any dispute relating to this contract to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association with the arbitration to take place in Los Angeles unless we both agree on a separate location. Each of us further agrees they may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative or private attorney general action or proceeding. We each agree not to disclose the existence, content, or results of any arbitration without the written consent of both parties. Judgment on any arbitration award may be entered in any court having jurisdiction. If this agreement to arbitrate is found not to apply to a particular claim or dispute, we both agree to the personal jurisdiction and venue of the state and federal courts located in Los Angeles, California for that claim or dispute.





7.7 Which laws apply to this contract and where you and we may bring legal proceedings. The terms of this agreement are governed by United States law.





7.8 Entire Agreement. This agreement comprises the entire agreement between you and us and supersedes all other agreements, written or oral, between us regarding the subject matter contained herein. This agreement cannot be modified unless it is in writing and signed by you and one of our authorized representatives 

20. Terms of Use for Video



This document summarizes the terms of use of the Nextbase website. Before submitting any video footage or other materials, you are required to read, understand, and agree to the Netxbase Video Footage Purchase Agreement (the “Agreement”). The following summary provides a short explanation of that Agreement, and is not legally binding.







1. SUMMARY: Read the Agreement before you submit any Video Footage or descriptive materials to us. The Agreement describes the rights each of us will have, and will be legally binding and enforceable once we accept any Video Footage or other materials you submit using our online form .





2. SUMMARY: In exchange for purchasing all rights (including the copyright) to your Video Footage, we will compensate you in the amount set forth on our website, or upon any other terms we both agree to in writing. You will receive compensation once we confirm those materials meet our guidelines, usually within 10 days of submission but sometimes longer. If the materials do not comply with our guidelines, we have the right to cancel this Agreement.





3. SUMMARY: We will own all rights (including copyright) to the Video Footage and any descriptive materials you submit. We can edit, alter, modify, use and publish those materials for any purpose as we see fit -- including commercially – and also allow others to use those materials. You cannot cancel or terminate our ownership rights after entering into the Agreement. You will also give up all rights as creator of the work, including the right to be identified as the author of the Video Footage. We have the right to use your name, voice and likeness in connection with the Video Footage. If any other persons appear in the Video Footage, you confirm that you have obtained their written consent so we (and others) can use their name, voice and likeness, including for commercial purposes.





4. SUMMARY: You can use the Video Footage after entering the Agreement, but only for your personal and non-commercial use, and not in any manner that potentially damages our reputation. You may not allow others to use the Video Footage. If you violate these conditions, we can revoke permission and prevent you from using the Video Footage going forward.





5. SUMMARY: You promise that you created and own all rights in the Video Footage yourself, that it has not been copied from somewhere else, and that no one else has permission to use it, except for us. You also promise that the Video Footage (i) does not violate the rights of third parties, (ii) does not contain false or misleading statements, (iii) does not violate the law, and (iv) does not promote hatred against others. If any of these promises are untrue, or if you breach the Agreement, you agree to compensate us for any damages or legal fees we may incur.





6. SUMMARY: We each agree to comply with all relevant data protection laws.





7. SUMMARY: You agree to promptly sign, at no cost, any additional documents we may need to advance the terms of this Agreement, such as legal documents transferring rights in the Video Footage to us or a third party. This Agreement is between you and us only, and is enforceable even if we delay in enforcing it. If a court rules that one section of the Agreement is unlawful or invalid, the other sections will still remain valid. You agree that you are an independent contractor, and not one of our employees or partners. If we breach this Agreement, you agree that you are only entitled to receive the total amount we paid for the Video Footage as damages. You agree to arbitrate any dispute concerning this Agreement in Los Angeles, California. Any changes to the Agreement must be in writing and signed by each of us.


Model Cancellation Form


(Complete and return this form only if you wish to withdraw from the contract)


To [Portable Multimedia Limited, Dorna House Two, Guildford Road, West End, Woking, Surrey, GU24 9PW


I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods,


Ordered on [*]/received on [*],


Name of consumer(s),


Address of consumer(s),


Signature of consumer(s) (only if this form is notified on paper),


Date


[*] Delete as appropriate


© Crown copyright 2013.


Terms and conditions of sale : updated 22.10.19