Member Terms and Conditions of Use

By accessing and using www.wildthings.club (the Website) you agree to be bound by our General Terms and Conditions.

Last Updated: 12th April 2022.

By becoming a Member you confirm that you have read, and that you agree with, our:

General Terms and Conditions;
Member Terms and Conditions of Use (outlined below); and
Privacy Policy,

(together, Member Terms and Conditions).

If you have not read, or if you do not accept our Member Terms and Conditions, you are not authorised to be a Member or to use the facilities on the Website that we offer to Members.

The Member Terms and Conditions may be amended from time to time and it is your responsibility to regularly check this section on the Website to ensure you are aware of our current Member Terms and Conditions.

The Member Terms and Conditions and the General Terms and Conditions must be read together. If there is any inconsistency between our Member Terms and Conditions and General Terms and Conditions, the interpretation in our Member Terms and Conditions will prevail.

Operation of the Website
1. The Website is a venue where:
  1. Users can view the information provided on the Website and view our trial and peak directories (in a limited capacity); and
  2. Members can access additional features of our trail and peak directories and purchase goods advertised on the Website; and
  3. VIP Members can access the full features of our trail and peak directories, contribute to our trail and peak directories, receive discounts on purchases made through the website and receive other VIP discounts, along with other benefits that can be found at https://www.wildthings.club/register/.
2. We facilitate the uploading of various trails and peaks trails to our trail and peak directories, and allow Users to publish certain information on our Website. However, any representations made by any User are not made by or on behalf of us. We are not responsible for any reliance you place on those representations.
3. You must be 18 years of age or older to register as a Member. You warrant that you meet these age restrictions or that you have permission from your guardian.
Registration as a Member and VIP Member
1. To get the benefits for Members you must complete our registration process on the Website, including agreeing to be bound by our Member Terms and Conditions.
2. If you have not completed our registration process or do not agree to our Member Terms and Conditions, you are not permitted to access the password restricted sections of the Website.
3. To get the benefits for VIP Members you must complete our Member registration process described above in clause 2.1 and you must pay the Membership Fee, as detailed in clause 3 below.
4. An account may only be set up in the name of an individual person and you as the individual must be responsible for that account and only you may access our Website. Your account is non-transferable.
5. When registering as a Member on our Website, you must provide all the information we ask for.
6. You confirm and warrant that the information you provide to us (during the registration process and process of accessing our Website is current, complete and accurate at the time you provide it, and you agree to maintain and update the data as required to keep it so.
7. Please see our Privacy Policy for details about how we collect, use, and in what circumstances we disclose, your personal information.
8. When you register on our Website you will be assigned a password or you will need to choose a password that meets our password requirements. You agree to keep your password confidential. You are fully responsible for all use of your account and your access to our Website, including the access or use of your account by others and you will be liable for all use of your account if that use breaches the Member Terms and Conditions. Any instruction issued or data provided using your email, account or password will be deemed to be an instruction or posting by you and maybe acted upon accordingly. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. Upon your notification we will cease to rely on that password.
9. Registration with us as a Member is a privilege and we may cancel, suspend or restrict your registration at any time should you fail to follow our User Terms. We may cancel your registration at our discretion without cause. If we suspend, terminate or restrict your registration you will be prohibited from using the Website (or, where we restrict your use of the Website, you will be restricted to using the Website in the manner we dictate) and/or applying for a new registration.
10. When using the Website as a Member you agree you will not use the Website in any manner that is unlawful or prohibited by the Member Terms and Conditions or General Terms and Conditions.
VIP Membership
1. To be VIP Member you must pay the Membership Fee, which you provides you with 12 months of Membership.
2. When your VIP Membership is due for renewal, your credit card will automatically be charged the Membership Fee for renewal and your VIP Membership will be extended for another 12 months.
3. You can cancel your Membership at any time by visiting the “My Membership” page within your account.
VIP Membership - Free Trial
1. We may offer you a free trial of VIP Membership, which provides you with access to the majority of VIP features during the free trial. Some features, including access to and use of VIP Discounts, is excluded during the free trial.
2. At the end of the free trial period, you will be charged the VIP Membership Fee, and become a VIP member, as per #3.
3. If you cancel during your trial period you will not be charged at the end of the trial, and will be downgraded to a free account.
4. Free trials are strictly limited to one per person in their lifetime.
5. We reserve the right to cancel any free trials.
Change in Offering and Cancellation
1. We may change or tweak the services on our Website from time-to-time as we see fit. We may stop providing services, or certain features, from time-to-time as we see fit.
2. We may cancel, suspend or restrict your Membership or access to our Website at any time should you fail to follow our Member Terms and Conditions, or otherwise at our sole discretion.
3. You may cancel your Membership at any time.
4. No refunds will be available for changes to our services (including where you have paid to have access to services for a period of time and we change or cease to provide something that was part of the services when you signed up) or if your Membership is cancelled (by you or us).
Member Content
1. You warrant that all Member Content uploaded by you or provided to us is true, complete and accurate and is not in breach of any Third Party rights or otherwise objectionable, defamatory, obscene, harassing, threatening, incorrect, misleading, unlawful in any way or otherwise in breach of the Member Terms and Conditions or General Terms and Conditions.
2. You agree to promptly update any changes to your Member Content, including your contact details so that we can contact you as needed.
3. You acknowledge that we cannot provide you with our services if we do not have the correct information about you, including your contact details.
4. We acknowledge that you are the owner, or an authorised licensee, of all IP Rights vesting in your Member Content. You grant to us a perpetual, royalty-free, non-exclusive, worldwide licence to use the Member Content to provide services to you and ongoing services and information to our other Users.
5. You must not share a discount code with any other person in any way, and you must not use a discount code if you are not currently a paid VIP member.
Run Riot Studio Content
1. You may view or otherwise use Run Riot Studio Content, provided:
  1. you do not share it with anyone else unless we approve this;
  2. you only use it for the purpose for which it was provided to you; and
  3. you otherwise only use it in compliance with these Member Terms and Conditions.
2. You acknowledge that we are the owner, or an authorised licensee, of all IP Rights vesting in the Run Riot Studio Content. You may not reproduce or replicate any part of the Run Riot Studio Content (including improvements made to the Run Riot Studio Content during the process of us providing services to you).
3. Your use of the Website does not provide you with any IP Rights in the Website or the Run Riot Studio Content (including improvements made to the Run Riot Studio Content during the process of us providing services to you).
Liability
1. You are entirely responsible for what you do with our services and the Content. To the fullest extent permitted by law, we exclude all liability and responsibility related to your use of our services and Content, what you do with them, and any issues you (or any other person, directly or indirectly) suffer while using our services or related to such use.
2. Although Run Riot Studio Content is presented in good faith, we make no warranty or representation about the accuracy or completeness of Run Riot Studio Content or the content of any website or social media site linked to or from the Website. To the extent permitted by law, you agree we will not be liable for any damage, loss, claim or expense suffered as a result of reliance on the Run Riot Studio Content we provide or any linked site provides.
3. To the fullest extent permitted by law, we exclude all liability and responsibility we may have to you or to any other person under or in connection with these Member Terms and Conditions or Content. This exclusion applies regardless of whether such liability arises in contract (including breach of implied warranty), tort (including negligence), equity, breach of statutory duty or otherwise, and includes liability for any incidental, consequential, exemplary, special, or indirect damages (including loss of profits, revenues, data and/or use).
4. Nothing in Member Terms and Conditions limits rights you may have under the New Zealand Fair Trading Act 1986 relating to the goods and we provide. However, if you are a business or if you are located outside of New Zealand, you agree that New Zealand Fair Trading Act 1986 does not apply to you.
5. Nothing in these User Terms limits rights you may have under other applicable laws outside of New Zealand relating to the goods and services we provide. However, if you such laws can be contracted out of, you agree that such laws do not apply to you with respect to our goods and services.
6. Our inclusion of links to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, operations, products or operators of those sites. We take no responsibility for any damage or harm arising out of the inclusion of such links.
7. As with any use of online services to provide, upload, store or transmit information, there is a risk of unauthorised access or use of that information by others. You agree you bear the risk that any Member Content, including personal information, could be improperly used or disclosed by any other person and you agree that we are not liable for this.
8. We take no responsibility for system unavailability or for any loss that is incurred as a result of the Website or Third Party software or services being unavailable. Further, you agree we assume no responsibility or liability for the corruption of any Content.
9. You must take your own steps to ensure that the process which you employ for accessing our Website does not expose you to the risk of viruses or other forms of interference which may damage your computer system or expose you to credit card fraud, which you are responsible and liable for.
10. You must take reasonable steps to mitigate any loss, damage, cost or expense you may suffer or incur arising out of anything done or not done in connection with the Website or these Member Terms and Conditions. We will not be liable for any liability caused by your failure to mitigate any loss, damage, cost or expense.
11. Where we are unable to limit liability under these Member Terms and Conditions due to an applicable law, you agree that our liability will be limited to the amount of Membership fees you have paid to us in the preceding 12 months.
Indemnity
1. You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs), expenses or losses arising (directly or indirectly) out of:
  your breach of any of the Member Terms and Conditions;
  1. any transactions with any Third Parties, including Users;
  2. any Member Content you post or upload or provide to us;
  3. any reliance by you on Run Riot Studio Content, including if you suffer any injury or harm directly or indirectly related to reliance on information on the Website;
  4. any reliance by you on any link to a Third Party website;
  5. any conduct of yours or any transaction entered into by you that does not comply with the relevant laws or regulations;
  6. any technical errors or corruption of data on the Website; or
  7. reliance by us or any Third Party upon any acts carried out, requests made, or information provided through the use of your password.
Dispute Resolution
1. Where any dispute arises between you and another User you agree to in good faith use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action. You acknowledge that we will not be a party to any such dispute.
No Waiver
1. No failure or delay by us to exercise any right or remedy provided for under our Member Terms and Conditions, or by law, will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that, or any other, right or remedy.
Assignment
1. We may, at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under these Member Terms and Conditions to any person. You may not assign or transfer any of your rights or obligations under these Member Terms and Conditions to any other person without obtaining our prior written consent.
Severability
1. If any portion of these Member Terms and Conditions is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.
Applicable Law
1. These Member Terms and Conditions are governed by and will be construed in accordance with the laws of New Zealand.
2. You submit to the non-exclusive jurisdiction of the courts of New Zealand.
Variation
1. No variation of these Member Terms and Conditions will be effective unless it is in writing and signed by us (or our authorised representative).
Further Information
1. If you require any further information, or if you have an issue or complaint, please contact us at info@wildthings.club.
Definitions
1. Run Riot Studio Limited, the owner of the Website, business and related IP Rights, may refer to itself as "we", "our", "us" or "it" throughout any page of the Website, including the Member Terms and Conditions.
2. You, as a User of the Website, may be referred to as you, person, User, Member or VIP Member, as is relevant in the context.
3. In the Member Terms and Conditions, the following words have the meanings set out below:
  1. Content means Run Riot Studio Content, Member Content and/or Third Party Content.
  2. IP Rights means any rights in relation to trade marks, copyright and other intellectual property.
  3. Member means a User that has registered on the Website and that has accepted our Member Terms and Conditions.
  4. Member Content means information, material or data uploaded or inputted on the Website by a Member that the Member has rights in, including text, graphics, photographs, trade marks, logos and artwork.
  5. Membership Fee means the membership fee advertised on the Website.
  6. Member Terms and Conditions means our Member terms and conditions.
  7. Run Riot Studio Content means any any text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, computer code and other information, material or data developed, used, provided or displayed by us on the Website or as is underlying the Website.
  8. Third Party means any party that is not you or us, and may include other Users.
  9. Third Party Content means information, material or data uploaded or inputted on the Website by a Third Party that the Third Party has rights in, including text, graphics, photographs, trade marks, logos and artwork.
  10. User means any visitor or of the Website, including Members.
  11. VIP Member means a Member that has registered as a Member and that has paid the relevant fee to be a VIP Member; the definition of “VIP Member” includes “Member”.