(Amended March 2019)
For the purpose of these Terms, “Cammy.com Pty Ltd of Level 2, 120 Sussex Street, Sydney, NSW, 2000” (Serving our Australian Customers) and “Cammy.com (UK) Ltd of Level 1, Regal House, 70 London Road, Twickenham TW1 3QS” (Serving our UK Customers) may be referred to as.
The use of Cammy Services is conditional upon acceptance of these Terms of Service. We reserve the right to update these Terms at any point, in doing so, we will notify you to advise of any changes. If moving forward, you do not agree to these Terms you have the option to terminate your service with us, as set out in our cancellation Terms. You are able to access our most recent Terms of Service at any time through our website.
App Access and Versions
The Cammy App can be downloaded for free on any IOS or Android device from either the App Store or Google Play store. We supply both a free and paid Service (available on a subscription) which have varying features;
Cammy charges a standard monthly fee for use of the Premium Services. Cammy reserves the right to modify, suspend or discontinue the Service at any time for any reason with, or without notice.
In order to ensure you are receiving the most up to date features and have the latest support contact method available to you, it is your responsibility to ensure your device is always running the latest version of the app (we recommend having your device set to auto update).
Premium Subscription Plans
Please see our different subscription plans outlined below;
Month by Month - (Rolling Contract)
You have either supplied your own hardware, purchased your hardware outright directly from us, or, finished your initial contract period. Therefore, payments for the Service are on a month by month basis and can be cancelled at any point. The monthly payment will be taken as a debit from your nominated Visa or Mastercard, on a specific date each and every month.
Please see our cancellation Terms below
Free Hardware with Minimum 12 Month Paid Subscription for the Premium Service- (12 Month Contract)
Your hardware was supplied free of charge, on the condition of a minimum 12-month premium subscription contract. The monthly payment will be taken as a debit from your nominated Visa or Mastercard, on a specific date each and every month. Beyond the initial 12 month contract period, payments will continue on a month to month basis until we are advised the Service is no longer needed, by you.
Please see our cancellation Terms below
Cammy Pro - (Varying minimum contract periods)
You have agreed to a specific contract period, either with or without an upfront fee, in exchange for a fully installed and hardwired POE (Power over Ethernet) security system. Both the hardware and installation were supplied free of charge on the agreement of a minimum contract period for the Cammy Pro Premium Subscription. The service is paid monthly at an agreed price, specific to the number of cameras in your package. The monthly payment will be taken as a debit from your nominated Visa or Mastercard, on a specific date each and every month. Beyond the initial required contract period, payments will continue on a month to month basis, until we are advised the Service is no longer needed, by you.
Please see our cancellation Terms below
Hardware Purchase with the Inclusion of 12-month Premium Service
You have paid an initial upfront cost for your hardware, with the inclusion of a twelve (12) month subscription for our Premium Service. After the initial twelve (12) month period, you have the option to continue on with the premium subscription, on a month to month basis, charged at the current monthly rate, per camera. You must opt into the continuation of your Premium Service, in order for the Premium Service to continue. If you have not advised us to continue your subscription, your Premium Service will be downgraded to the free Service on the last day of your twelve (12) month period. If you do decide to opt into our Premium Service, the monthly payment will be taken as a debit from your nominated Visa or Mastercard, on a specific date each and every month. Payments will continue on a month to month basis, until we are advised the Service is no longer needed, by you.
Please see our cancellation Terms below
Orders and Shipping
Processing and Shipping
If you have purchased hardware from either our website or through one of our sales representatives, you will need to allow 3-7 working days for your order to be processed, shipped and delivered. Once you have completed your order, you will receive an email containing a confirmation of your purchase. Providing all the required shipping information has been given, you will then receive a tracking email with further information from the designated courier service of your delivery.
If you have supplied us with any incorrect contact or shipping details and we are unable to contact you to rectify this, your order will be cancelled and refunded. In addition to this, we reserve the right to refuse any order if we reasonably believe there to be a fraudulent intent, or suspicious circumstances surrounding the order. In this situation, we will notify you via the email supplied, and a full refund will be processed upon the refusal of the order. Please allow 10 working days for the refund to appear back into your bank, however, this time frame does also depend on your banking provider.
If you would like to amend an order, please Contact Us as soon as possible to discuss the desired changes with one of our support representatives. If your order has been shipped already, and upon receipt of your hardware you still wish to amend the order, we can arrange this once you have returned the initial order. The hardware needs to be returned in its original condition and packaging and must contain all accessories sent out with the camera. The cost of the return postage is to be covered by yourself and needs to be sent via tracked postage. This is to cover yourself if the parcel was to get lost. Once we have received the hardware in the expected condition, we can then send out your amended and desired order.
Cooling off period
In accordance with the UK and Australian consumer laws, you have a cooling off period of fourteen (14) / ten (10) working days, starting from the day after you purchased your hardware/premium subscription plan. This means if you change your mind within this period, you can return the hardware or stop the Service in exchange for a full refund, providing the hardware/Service has not been used and is still in its original condition. If the item is at all damaged then we reserve the right to reduce the refund amount returned to you, in relation to the damage caused.
To comply with cooling off period regulations, you must notify us via email or phone, within the fourteen (14) day period to advise that you wish to return the hardware or stop the Service. If you are required to return the hardware, you then have an additional fourteen (14) days to send the item back. Unless stated otherwise, the cost of the return postage is to be covered by you. We recommend sending returned hardware via tracked post to cover yourself in the event of the package being lost. Your refund will then be processed within a further fourteen (14) days, from the date we receive your hardware.
If you have not received hardware and only activated our Premium Subscription Service, the Service will be stopped and the refund processed within fourteen (14) days of you contacting us.
Cammy Subscription Cancellation
In order to cancel the Premium Subscription Service for your camera, we have certain guidelines which must be followed.
Providing you have completed the contract period you initially signed up for, you are able to cancel at any time without a termination fee, or penalty. Similarly, for any camera of which has been purchased outright, and therefore, is on a month to month subscription basis, you will also be able to cancel at any time. Again, with no cancellation fee or penalty.
Alternatively, if your camera is still within the initial contract period, and past the fourteen (14) day cooling off period, you must pay an early termination fee, equivalent to the contract balance, before you are able to end the subscription.
For example, if you are five (5) months into a twelve (12) month contract, you are obliged to pay the remaining seven (7) months of payments in order to fulfil the twelve (12) month contract, of which you had originally signed up to. You may do this in a one-off payment, or, continue on with the monthly payments.
Cammy Pro Cancellation
For Cammy Pro customers wishing to cancel before the end of their contract period, customers are required to pay the remaining balance of their agreed contract period, plus the cost of all hardware and the total installation cost. This figure will have been presented to you at the point of sale. Beyond the initial required contract period, payments will continue on a month to month basis, until we are advised the Service is no longer needed by you.
How to Cancel
A premium subscription must be cancelled at least five (5) days before your next billing date is due. Failure to do so will result in your next monthly bill being debited as normal. Therefore, to cancel your Premium Subscription please email us at email@example.com or contact us. A member of our support team will be in touch with you confirming the cancellation has been successful, or, was unsuccessful and advising on the next steps. You will receive a confirmation email and therefore confirming you will no longer be charged. Please do ensure you have received correspondence confirming cancellation and if not, please contact us again after twenty-four (24) hours of sending your original email, on firstname.lastname@example.org or contact us. Please ensure you check any junk/spam filters before contacting us.
Reactivating Your Account
If you have previously cancelled your Premium Subscription Service, yet wish to rejoin Cammy and reinstate the Premium Service, you will be able to do so on a month to month basis. Upon reinstating your premium service, you will rejoin on the current pricing structure and with the current premium features offered, which may differ from your previous subscription.
If Cammy is unable to collect your monthly Service fee within ten (10) days of the due date, the Service will be temporarily suspended. Service will be resumed as soon as your service fee has been paid. You will receive email correspondence from Cammy indicating your account is past due.
Our billing system runs an “Automated Account Updater”. This is a service run by both Visa and Mastercard, that automatically updates your card details when you receive a new card, preventing any recurring payments being missed. If your account is in arrears when your information is updated, either by yourself or the “Account Updater”, the total overdue payment will be taken immediately.
If you do not wish for your information to be updated automatically, you will need to opt out of the service through your bank.
Please note; Failing to update your card details or opting out of the “Account Updater” service, may cause your account to fall into arrears and in turn, could result in your account being suspended. Further to this, allowing your account to fall into arrears in an attempt to stop the service, is not a valid method to cancel your subscription with us.
Please see our cancellation terms above.
If you have a Cammy camera which has been purchased through Cammy directly, this will be automatically covered by a twelve (12) month Warranty. Any hardware, (Alien, Penguin, Nighthawk or Spider), or accessory (power cable, antenna, ethernet cable) will be supported with a full twelve (12) months of warranty.
The warranty period begins from the date of purchase and consequently ends on the same date, the following year. If you then continue to pay for the premium service beyond the initial twelve (12) month warranty period, your cameras will continue to be under warranty for as long as you keep the premium service active. If you experience any faults with your camera, please contact our Support team on email@example.com or contact us, and we will be in touch within (24) hours, Monday - Friday.
*Please note, any Cammy hardware purchased on third-party sites, or second-hand, is not Cammy’s responsibility and therefore not subject to the warranty period.*
Most often, our Support team will go through a number of troubleshooting steps first to determine whether the camera is faulty. After the troubleshooting process has been completed and the claim has been approved, you may then be required to send the camera(s) back to us, and provide proof of return postage. Once the hardware has been received we will ensure the Warranty requirements are met. If all requirements are met, we will replace the hardware/accessory and reimburse the postage costs. Furthermore, a new camera/accessory will be dispatched accordingly. This process may take up to fourteen (14) business days.
What the warranty does not cover
The warranty provided by Cammy does not cover the below circumstances:
Cammy Pro Warranty
The Cammy Pro Warranty period is parallel to your agreed contract period. If any of your cameras were to be deemed faulty by either ourselves, or our partner install team within the warranty period, we will replace and install the replacement hardware free of charge, providing the reason of fault is not due to any of the reasons that is not covered by our warranty (Please see “What the warranty does not cover” for specifics).
If you then continue to pay for the premium service beyond the initial contract period, your cameras will continue to be under warranty for as long as you keep the premium service active.
Data Load Restrictions
Cammy is designed to protect homes and offices by alerting users if people enter their home or office while they are not there. For this reason, Cammy is intended for internal use and outdoor use subject to data load restrictions. Cammy reserves the right to contact users with highly active outdoor cameras and remove Service of those outdoor cameras if the camera load is not reduced to an acceptable level. We will always give you at least twenty-four (24) hours notice to adjust your cameras accordingly.
Spider Web Policy
Due to the increased number of purposeless images Cammy will process when a spider web is obstructing your camera, Cammy reserves the right to reduce the number of frames your camera records to one (1) frame per five (5) minutes of motion, if a spider web is present on your camera. As well as this, whilst a spider web is obstructing your camera view, Cammy will no longer guarantee that you will not receive any false alerts from your cameras. Any false alerts caused by a spider web will not be subject to a one (1) month credit. If Cammy feels it is necessary to reduce your camera features because of Spider Web obstruction, we will notify you that we plan to do so at least twenty four (24) hours beforehand. However, Cammy is not required to notify you if there is a spider web obstructing your camera view, meaning it is solely your responsibility to ensure your camera is free of Spider Webs.
Notwithstanding any use of the words “purchase”, “download”, “sale” or similar terms, Cammy Services are being licensed to you, not sold. Notwithstanding anything to the contrary herein, Cammy retains all rights, title and interest (including all intellectual property rights) in and to the Cammy Services.
Limitation of liability
Your attention is particularly drawn to this clause
Nothing in these Terms limits or excludes our liability for
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
Subject to the paragraph above, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, arising under or in connection with these Terms for; (a) loss of profits;
(b) loss of sales or business;
(c) loss of use or corruption of software, data or information; and
(e) any indirect or consequential loss.
Our total liability to you, other than the exclusions set out above, arising under or in connection with the Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to £50.
Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Cammy Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Terms.
This clause paragraph will survive termination of the Contract
You agree to indemnify and hold Cammy harmless from and against any third-party claims, proceedings and demands and related losses, costs, damages, liabilities and expenses (including defence costs and reasonable legal fees) arising out of or related to;
(a) your use or misuse of Cammy’s Service(s);
(b) your breach of any provision of these Terms; or
(c) your violation or alleged violation of any law or third-party right (including without limitation any intellectual property, privacy, publicity or other rights).
You further agree to defend Cammy against any such claims at our request, but we have the right to take on the exclusive defense and control of such claims. You must notify us of any such claims immediately and cooperate with us in any defence. When you are defending a claim, Cammy may participate in the defence through counsel of our own choosing and you must not make any admissions, take positions adverse to Cammy or settle any claim without our prior written consent.
Assignment and transfer
We may assign or transfer our rights and obligations under the Terms to another entity. You may only assign or transfer your rights or your obligations under the Terms to another person if we agree in writing.
Any variation of the Terms only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
If we do not insist that you perform any of your obligations under these Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third party rights
These Terms are between you and us. No other person has any rights to enforce any of its terms.
Governing law and jurisdiction
These Terms are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Terms to the exclusive jurisdiction of the English courts.
The following words and expressions have the meaning as set out below;