IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE OUR SERVICES.
When using the App as a group, a minimum adult to child ratio must be maintained as follows 4-8 years – 1:6 adults to children, 9-12 years – 1:8 adults to children, 13-18 years – 1:10 adults to children. For supervision of those under 4 years old, an additional adult must be present to supervise each child.
The Wilder Wander App, on both Android and iOS platforms, is free for you, as a user, to download. Wilder Wander will supply ongoing support for issues in relation to any problems with content, functionality or technical queries, but will not be responsible for technology issues outside our control that impinge in any way on the performance of the Wilder Wander App. By way of example, but not in any way to be interpreted as an extensive or exhaustive list of issues: e.g. problems with individual’s smartphones; older mobile software that has not been updated and ceases to be supported; legal restrictions in the future to access of phone functionality, Wi-Fi, broadband or internet connection issues outside of our control. For technical queries email firstname.lastname@example.org
As a user, you access Wonders (e.g. games or tours) via the Wilder Wander App on your phone. The Wonders on the Wilder Wander App are accessible via a QR code, geographical search or by other means. Once you complete a Wonder, you will have the option to publish your results and content generated (e.g. photographs) on the Wilder Wander portal (https://wilderwander.com). If you agree to publish them, then the content will be visible to the public if Wilder Wander deems it suitable.
You have the option to not publish your results/content, but instead to receive them via email so that you can review content at a later time (e.g. photographs). You need to input your email address in order to receive this content by email. You retain the IP on your content and can request the deletion of content at any time.
Wilder Wander is not liable for damages caused by content/data loss from users of the App. Wilder Wander will monitor against illegal or malicious content (including hyperlinks) uploaded by users but cannot be held responsible for damages caused by this content.
As a user, you agree that you are wholly responsible for your uploaded content, including not using a name that could offend people. Wilder Wander reserves the right to delete content without prior notice and at our sole discretion. As a user you agree that you will only upload content and pictures that you have made yourself or are explicitly allowed to upload. You represent and warrant that you have all necessary rights and permissions required for all content you upload. Please contact email@example.com if you are concerned about any user content.
You reserve the right to use the App and not upload or publish your content. By uploading content, you grant Wilder Wander a worldwide, non-exclusive and royalty-free licence to use the content generated (e.g. photographs collected as part of a Wonder) for research purposes (e.g. for species identification, climate change studies). If you also agree to publish your content on the Wilder Wander Portal, then the content can be used for research and other e.g. publicity/marketing purposes.
Disclaimer of Warranties
Your use of the Wilder Wander App is at your own risk, with content provided “as is,” without warranty of any kind. Wilder Wander makes no warranty that the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis, and we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any of the Wonders in the App.
As many of the Wonders are carried out outdoors, we cannot mitigate against all circumstances and risks. By using the App, you recognise that you are in an environment where the weather and other factors may pose a risk. Included in these risks are injury due to: rough terrain and obstacles; the effects of heat, cold and other adverse weather conditions; plant and animal life; vehicular traffic; and remoteness to medical services if you become injured.
We ask you to pay attention to traffic and other hazards, for example but not limited to, cyclists, horses, water, fallen trees, sharp objects, holes etc. By using the App, you agree that you are in good health and do not suffer from a heart condition or other ailment which could be exacerbated by the exertion involved in using the App. As a user who operates the device for a group, you also consent for the other users.
Wilder Wander is not liable to you or anyone else in respect of any death, bodily injury, loss or damage (including property damage) howsoever caused which may be sustained or incurred by you as a result of using the App.
You will indemnify and hold harmless Wilder Wander and their respective officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the App or content, (b) your user content, or (c) your violation of these Terms.
Limitation of Liability
Regardless of the form or cause of action of the alleged basis of the claim, to the fullest extent permitted by law, Wilder Wander will not be liable for any direct, indirect, incidental, consequential, exemplary, punitive or special damages, lost profits, revenues or data arising from this agreement or your use of our services even if they have been advised of the possibility of such damages and even if the remedies otherwise provided under this agreement, at law, or in equity, fail of their essential purpose. Should a court of competent jurisdiction determine that the limitation above is not legally valid, to the extent permitted by law, the total liability of Wilder Wander to you for any claim under this agreement or arising out of our services, including for implied warranties, is limited to the amount you paid us for our services or €50, whichever is less. You agree that this is your sole and exclusive remedy and you hereby release Wilder Wander from all obligations, liability, claims or demands in excess of the limitation. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Wilder Wander and you.
You can use the App without having to input any personal information. For instance, you can use a nickname at the start and you do not need to supply your email at the end if you do not wish to receive content. Your name/nickname lets us to assign a score to your content if e.g. playing a game. If you agree, at the end of completing a Wonder, we will publish your name/nickname on the Wilder Wander Portal on a scoreboard if relevant.
Your IP address is only processed and saved insofar as doing so is necessary in order to use the app and website. We do not undertake a comparison of the IP address with other data. It is possible to input an email address in order to receive a link to the results or to other content per email. It is also possible for you to input your real name instead of a nickname. You consent herewith to the processing by Wilder Wander of personally identifiable data that is either requested in this manner or voluntarily provided.
We will never request any information about race, ethnic heritage, political opinions, religious or ideological convictions, as well as about genetic data, biometric data, health data, or data regarding sexual practices or preferences, as well as data concerning criminal convictions or criminal acts.
We take care that your data are saved securely. You can ask what data we have retained about you at any time. You can inform us at any time if you would like us to delete, block, or amend your data. We save the data that we process on servers within Germany. We do not relay your data to any other countries. We do not give your data to any third parties. If you would like to delete, collect, or block your data or require information, simply get in touch with us by sending an email to firstname.lastname@example.org.
Since you only use the Wilder Wander App digitally and we do not wish to retain any personally identifiable information, such as your postal address, an electronic consent is satisfactory.
We reserve the right to update and amend our policies at any time.
Version dated: 01/06/2018