General Terms and Conditions of Use

Thank you for visiting www.wildthings.club (the Website).

Last Updated: 12th April 2022.

We hope that you will sign up so that you can get the full benefits available to VIP Members, including to download and use information from our trail and peak directories, contribute to our trail and peak directories, and to receive discounts when purchasing from our Website as well as other VIP discounts. See https://www.wildthings.club/register/ for the full list of benefits.

These General Terms and Conditions of Use and Privacy Policy (together, General Terms and Conditions) apply to you whether you are just visiting our Website and using the non-restricted sections of the Website or whether you have signed up as a Member and are using the restricted sections of the Website.

By accessing and using the Website, you agree to be bound by these General Terms and Conditions. If you are a Member, you also agree to be bound by the Member Terms and Conditions of Use.

You confirm that you have read, and that you agree with, our General Terms and Conditions. If you have not read, or if you do not accept, our General Terms and Conditions, you are not authorised to use our Website.

These General 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 General Terms and Conditions. By continuing to use the Website, you agree to be bound by the amended General Terms and Conditions.

Operation of the Website
1. The Website is a venue where:
  1. Users can view the information provided on the Website and view our trail 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.
3. You must be 18 years of age or older to use our Website and to register as a Member. You warrant that you meet these age restrictions or that you have express 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 relevant fee.
Purchases through Website
1. Any purchase of products through the Website is subject to our delivery terms and returns policy.
2. The prices for products and services are listed on the Website or otherwise as we may communicate to you from time-to-time. We reserve the right to amend our prices from time to time (including to fix any typos or errors).
3. At the time of selecting a particular product or service, you agree to make payments in advance by credit card or debit card (if available), as detailed on the Website.
4. All prices are exclusive of bank fees, credit card fees, currency fees and taxes, unless otherwise indicated by us. You agree to pay, and indemnify us for, any such fee that may be payable on our prices that we charge you.
Change in Products
1. We may change or tweak our products from time-to-time as we see fit, including product descriptions and pricing.
2. We may stop providing our products, or certain products, from time-to-time as we see fit.
Representations and Availability
1. There may be typographical errors, inaccuracies or omissions on the Website, including relating to our product and service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, which we are not liable for.
2. Colours and images of our products may appear different on your computer or other device you are using, which we are not responsible for.
3. All products are subject to availability, at our discretion.
4. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction.
5. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
Shipping, Exchange and Refund Policy for Products
1. Please inspect your product upon receipt and contact us immediately (at support@wildthings.club) if the product is defective, damaged or if you receive the wrong product, so that we can evaluate the issue and make it right. You will need to provide all the information we ask for so that we can assess your claim. We will otherwise not be able to process your claim.
2. If we accept your claim or if we need to inspect the product to better assess your claim, we will send you a return shipping label, as well as instructions on how and where to send your package.
  We will notify you once we have received and inspected your returned product. If we agree with your claim, we will:
  1. exchange the product for a new, equivalent product; or
  2. provide you with a refund.
3. The election of whether to exchange the product or provide you with a refund will be at our discretion. This is unless the New Zealand Consumer Guarantees Act 1993 applies and the product has a major fault (in which case it is your choice whether you opt for a replacement or a refund) or if there are other applicable laws that provide you with this choice and that are not excluded under these General Terms and Conditions. If we approve a refund, you will be refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
Use of the Website and Content
1. You agree you will not use the Website in any manner that is unlawful or prohibited by the General Terms and Conditions.
2. Without limiting clause 7.1, you agree you will not (directly or indirectly):
  1. defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy) of others;
  2. hack into any part of the Website or Content through password mining or other means;
  3. commit or encourage a criminal offence;
  4. disrupt an exchange of information between Users or otherwise act in a manner that negatively affects other Users;
  5. impersonate any other person, or forge any material in order to disguise the origin of any Content or communications sent through the Website;
  6. transmit any advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us, or harvest information about other Users in order to transmit or facilitate the transmitting of such materials;
  7. attempt to modify, reverse engineer or reverse-assemble any part of the Website or Content;
  8. breach any applicable laws or regulations; or
  9. engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches the General Terms and Conditions or Member Terms and Conditions or is otherwise inappropriate for the Website.
  10. use a discount code if you are not currently a paid VIP member.
3. We reserve the right to prevent you from accessing the Website if we reasonably believe you have breached the requirements set out in clauses 7.1 or 7.2, and you agree not to access the Website if we ask you not to on this basis.
4. Without limiting clauses 7.1 and 7.2, you agree you will not provide to us or post or transmit any Content on the Website or any website or social media site linked to or associated with the Website that:
  1. is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable;
  2. is or is reasonably likely to be unsuitable for persons under the age of 18 years;
  3. infringes the IP Rights of any person;
  4. infringes any confidentiality or privacy obligations or other contractual or legal obligations owed to any Third Party;
  5. is incorrect or inaccurate;
  6. is false or misleading or deceptive;
  7. contains any virus (including malware or spyware) or other destructive component;
  8. is prohibited by or violates any applicable laws or regulations; or
  9. otherwise breaches the General Terms and Conditions or Member Terms and Conditions.
5. We reserve the right to remove any Content which we reasonably believe breaches the requirements set out in clause 7.4.
6. We reserve the right to remove, ban or moderate any user on any website or social media site linked to or associated with the Website which we reasonably believe breaches the requirements set out in clauses 7.1, 7.2, 7.3 and 7.4
Shop Credit
1. Any shop credit is not transferable to cash, and cannot be used against any membership payment.
2. Any shop credit awarded for a referred friend becoming a VIP Member is only applicable once full payment has been successfully processed for that member's VIP Membership.
3. If you do not have an active VIP Membership, shop credit will expire if you do not log in to your Wild Things account for one year.
4. For customers outside New Zealand, we may be able to convert shop credit to a VIP Membership extension. Please contact us for details.
5. We reserve the right to remove any shop credit from a member which we reasonably believe breaches the General Terms and Conditions or Member Terms and Conditions.
6. We reserve the right to change the ways in which shop credit can be used in the future.
Payment Currency
1. All shop prices and shipping fees are in New Zealand Dollars (NZD)
2. VIP Membership will be in currency specified when you first sign up to VIP Membership, and indicated on the My Account page of your dashboard.
Intellectual Property
1. You acknowledge that we are the owner, or an authorised licensee, of all IP Rights subsisting in, or related to, the Run Riot Studio Content and the Website itself.
2. Third Parties may have IP Rights in relation to other Content on the Website (that is not Run Riot Studio Content).
3. Except for any Member Content that you own, no Content may be copied, modified, reproduced, published, shared or transmitted without our prior written consent.
4. For any content you provide us (including information, data, images and video) you agree that we can use the content for the purpose provided or for any other reason we see fit (including for commercial purpose) and you warrant that you have the necessary rights to grant this permission to us.
Links to other Sites
1. The Website may include links to other websites not owned by us. If you visit a linked website, you will be subject to the terms and conditions of that website and any dealing will be solely between you and that other website. These links do not imply our endorsement of that other website or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the Website. We take no responsibility for any damage or harm arising out of the inclusion of such links.
2. The Website may be linked to various social networking sites. You acknowledge and agree that:
  1. any comments or content that you post on such social networking sites though a link provided on the Website are subject to the terms and conditions of the social network site that you post the comments or content on; and
  2. we are not responsible or liable for any comments or content you or others post on social networking sites.
Liability
1. You acknowledge that we are not liable and we take no responsibility for any reliance you place on Content on the Website, including Run Riot Studio Content, and you agree that you rely on the Content entirely at your own risk. We will not be held responsible for any reliance you place on the Content or the representations made by any User. We do not provide any warranty in relation to any Content.
2. 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 Content (including personal information) could be improperly accessed and used or disclosed and you agree that we are not liable for this.
3. We do not warrant or guarantee:
  1. the accuracy, correctness or appropriateness of the Content on the Website;
  2. that the Content will be free from viruses (including malware or spyware) or other destructive properties; or
  3. that the operation of the Website will be uninterrupted or error free,
  4. and to the fullest extent permitted by law we will not be liable for any loss or damage arising directly or indirectly from the above. You acknowledge that the risk as to the operation and performance of the Website and the accuracy and adequacy of the Content on the Website lies with you.
4. You acknowledge that your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new features or services.
5. 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 General Terms and Conditions. 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 and/or data).
6. 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 General Terms and Conditions. We will not be liable for any liability caused by your failure to mitigate any loss, damage, cost or expense.
7. Where we are unable to limit liability under these General Terms and Conditions due to an applicable law, you agree that our liability will be limited to the amount of your last transaction through the Website.
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:
  1. your breach of any of the General Terms and Conditions or Member Terms and Conditions;
  2. any transactions with any Third Parties;
  3. any failure or delay by you to meet your obligations in respect of any transaction through the Website;
  4. any reliance by you on Content on the Website or any link to another site;
  5. any conduct of yours or any transaction entered into by you that does not comply with the relevant laws or regulations; and
  6. any technical errors or corruption of data on the Website.
Changes to Website and Services
1. We may at any time without notice remove, amend and/or vary any of the Content on the Website or cease operating the Website in whole or in part.
No Waiver
1. No failure or delay by us to exercise any right or remedy provided for under the General 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.
Dispute Resolution
1. Where any dispute arises in relation to use or reliance on the Website or in relation to these General Terms and Conditions 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.
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 the General Terms and Conditions to any person or party. You may not assign or transfer any of your rights or obligations under the General Terms and Conditions to any other person without obtaining our prior written consent.
Severability
1. If any portion of the General Terms and Conditions is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.
Third Parties
1. The General Terms and Conditions do not confer a benefit on any person who is not a party to the agreement.
Applicable Law
1. The General 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.
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 General 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 General 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. Member Terms and Conditions means our Member terms and conditions.
  6. 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.
  7. Third Party means any party that is not you or us, and may include other Users.
  8. 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.
  9. User means any visitor or of the Website, including Members.
  10. 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”.