Wild Watch Terms and Conditions
The following terms and conditions shall apply to the loan of camera equipment.
“Wild Watch Project” or “Wild Watch” is a project working name or style of Broads Authority of Yare House, 62-64 Thorpe Road, Norwich, Norfolk, NR1 1RY, forming part of its group of Heritage Lottery-funded projects entitled “Water Mills and Marshes”. References to “Wild Watch Project” are accordingly references to Broads Authority, which is also the Data Controller under this Agreement.
“Participant” means the individual or educational body intending to take possession of the Equipment
“Equipment” means the camera package comprising Bushnell digital trail camera, detachable viewer and lenses, SD card, tree spike, ratchet strap, lock and key, USB cable, instruction guides and container.
It is agreed as follows:
1. In consideration of the loan of the Equipment to the Participant, the following terms and conditions shall apply.
2. The Equipment at all times remains the property of the Wild Watch project and no property in the Equipment will pass to the Participant and must be returned promptly at the end of the stipulated loan period (time being of the essence).
3. Wild Watch warrants that the Equipment shall be loaned to the Participant in full working order and good condition.
4. The Participant may not part with possession of the Equipment at any time and must take reasonable care of the Equipment and return it in full working order, fair wear and tear excepted. To the extent permitted by law, the Participant will be responsible for the risk of loss, theft, damage or destruction to the Equipment from any and every cause. The decision whether or not to insure the Equipment against loss or theft is a matter for the Participant; however the parties hereby jointly acknowledge that the new replacement value of the Equipment is approximately £300.00 plus VAT.
5. These Terms and Conditions are active from the time of collection until the return of the Equipment and completion of all post loan checks by the Wild Watch project to ensure that the Equipment has been returned in a good condition and working order.
6. If the Equipment is not returned in accordance with the provisions in paragraph 4. the Wild Watch project may make such repairs as are reasonably necessary. The Wild Watch project will make the said repairs within a reasonable time of taking possession of the Equipment and will give the Participant written notice of and invoices for the said repairs. Upon receipt of such invoices, the Participant will immediately reimburse the Wild Watch project for the actual expense of those repairs, which will not exceed the new replacement cost of the Equipment. The Participant shall not attempt any self-repair of the Equipment which involves opening the exterior camera case (other than the battery compartment), wholly or partly dismantling the camera body or actions which risk invalidating any manufacturer’s warranty.
7. The Participant will use the Equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations respecting the Equipment and with any laws respecting the use of the Equipment, including, but not limited to privacy, environmental and copyright law. The Participant shall use the Equipment for the purpose of nature photography and not site the camera in a position so that records or captures the movements of living individuals.
8. The Participant will indemnify and hold harmless the Wild Watch project against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney’s fees and costs, arising out of any unlawful use of the Equipment.
9. Any and all images, video, and audio captured by the Equipment and any associated Copyright are deemed created under Creative Commons licence Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0). Images should be attributed to the ‘Wild Watch’ project and ‘Water, Mills & Marshes LPS’.
10. Persons registering to loan the equipment from the Wild Watch Project must be 18 years or older.
11. In the event that the Equipment is not returned within 72 hours of the expiry of any loan period, Wild Watch reserves the right to charge the Participant £2 per day for each complete day until the date of return of the Equipment.
Privacy notice and details of data processing and data subject rights
12. This privacy notice tells you what you can expect when we collect or process personal information from you.
12.2 Your personal information shall be used for the purpose of administering this agreement for the loan of the Equipment.
12.3 We use a third-party booking company Planyo which administers all our reservations and loans of Equipment and you will book directly through Planyo who will process and retain your information in accordance with their own terms and conditions as relate to that information. The web address of Planyo is www.planyo.com and its postal address is Xtreeme Sagl, Via Cantonale, CH-6633 Lavertezzo, Switzerland.
12.4 We may access data held by Planyo and where we do so your personal information will be processed in accordance with Data Protection principles.
12.5 The following paragraphs apply to any data we hold other than that provided by you to Planyo.
12.6 We will not share your data with any other party other than notified in this notice and we do not sell your data.
12.7 Our Data Protection Officer can be contacted at Yare House, 62-64 Thorpe Road, Norwich, Norfolk, NR1 1RY or on 01603 756018.
12.8 You have the right to see any data which we hold in relation to you in which case we recommend a subject access request made to our Data Protection Officer at firstname.lastname@example.org, or by post at the address in 12.6. We may ask you for proof of identity before replying. We will correct any inaccurate data promptly. You may ask us to delete any data which we hold on you once we no longer have a need to process it for the purpose of this Agreement.
13. The agreement and these Terms and Conditions shall be construed in accordance with English Law and the parties herein submit to the jurisdiction of the Courts of England and Wales.