The WYLD Service
We agree to provide you with the WYLD Service. The Service includes all of the WYLD products, features, applications, services, technologies, and software that we provide to advance WYLD's mission: To increase accessibility to the world's best adventure travel destinations. The Service is made up of the following aspects:
Offering personalized opportunities to create, connect, communicate, discover, and share. We aim to help you strengthen your relationships through shared experiences you care about. So, we build systems that try to understand who and what you and others care about, and use that information to help you create, find, join, and share in experiences that matter to you and those you care about.
Fostering a positive, inclusive, and safe environment. We aim to develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive. We may use all the information we have - including your information - to try to keep our platform secure. We also may share information about misuse or harmful content with law enforcement. Learn more in the Data Policy.
Developing and using technologies that help us consistently serve our growing community. Organizing and analyzing information for our growing community is part of our Service. Another part of our Service is seeking to create and use technologies that help us personalize, protect, and improve our Service on a large scale for a broad global community. Automated technologies may also help us ensure the functionality and integrity of our Service.
Ensuring access to our Service. To operate our Service, we must store and transfer data across our systems around the world, including outside of your country of residence. The use of this global infrastructure is necessary and essential to provide our Service. This infrastructure may be owned, operated, or facilitated by Expera Pty Ltd.
Research and innovation. We may use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.
Data Policy
Providing our Service requires collecting and using your information. The Data Policy explains how we collect, use, and share information across the WYLD Product. It also explains the many ways you can control your information. You must agree to the Data Policy to use WYLD. By using, or continuing to use, WYLD you agree to our using your information in accordance with the Data Policy.
Your Commitments
In return for our commitment to use our best endeavors to provide the Service, we require you to make the below commitments to us.
Who Can Use WYLD. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the WYLD community.
You must be at least 13 years old or the minimum legal age in your country to use WYLD.
You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing or otherwise contrary to law.
We must not have previously disabled your account for violation of law or any of our policies.
You must not be a convicted sex offender.
How You Can't Use WYLD. Providing a safe and open Service for a broad community requires that we all do our part.
You can't impersonate others or provide inaccurate information. You don't have to disclose your identity on WYLD, but you must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you aren't, and you can't create an account for someone else unless you have their express permission.
You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
You can't violate (or help or encourage others to violate) these Terms or our policies.
You can't do anything to interfere with or impair the intended operation of the Service.
You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
You can't sell, license, or purchase any account or data obtained from us or our Service. This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect WYLD usernames, passwords, or misappropriate access tokens.
You can't post someone else's private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods). You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the content you post or share.
You can't modify, translate, create derivative works of, or reverse engineer our product or its components.
You can't use a domain name or URL in your username without our prior written consent.
Permissions You Give to Us.
As part of our agreement, you also give us permissions that we need to provide the Service.
We do not claim ownership of your content, but you grant us a license to use it. We do not claim ownership of your content that you post on or through the Service and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a 'license') to provide the Service. When you share, post, or upload content that is covered by intellectual property rights (like photos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. To learn more about how we use information, and how to control or delete your content, review the Data Policy.
Permission to use your username, profile picture, and information about your relationships and actions with accounts. You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts that you follow or engage with that are displayed on our Product, without any compensation to you. For example, we may show that you liked a post created by another WYLD account.
You agree that we can download and install updates to the Service on your device.
Additional Rights We Retain.
If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
You can only use our intellectual property and trademarks or similar marks with our prior written permission.
You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Content Removal and Disabling or Terminating Your Account.
We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Service, remove or block content or information shared on our Service, or to stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If we take action to disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, contact us at support@wyld.travel.
Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called 'Our Agreement and What Happens if We Disagree', will still apply even after your account is terminated or deleted.
Our Agreement and What Happens if We Disagree.
Our Agreement.
If you use certain other features or related services, additional terms will be made available and will also become a part of our agreement. If any of those terms conflict with this agreement, those other terms will govern.
If any aspect of this agreement is unenforceable, the rest will remain in effect.
Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
We reserve all rights not expressly granted to you.
Who Has Rights Under this Agreement.
This agreement does not give rights to any third parties.
You cannot transfer your rights or obligations under this agreement without our consent.
Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Who Is Responsible if Something Happens.
Our Service is provided 'as is,' and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
You acknowledge that the Service is in a developmental (or 'Beta') phase until you are notified otherwise or a substantial update to the Service interface is provided. Accordingly, you agree that Expera Pty Ltd accepts no liability or responsibility for any loss or harm (including personal injury) howsoever caused as a result of your use of the WYLD products and services.
We also don't control what people and others do or say, and we aren't responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren't responsible for services and features offered by other people or companies, even if you access them through our Service.
You acknowledge that every location or experience suggested by the Service is unique and may involve risk or injury or harm inherent in or related to the particular location or experience. We also don't control your actions or any situation in which you may discover yourself at any one or other locations suggested in the Service. You agree that you (AND NOT WYLD) accept sole responsibility for all and any risk of injury or loss as a result of your venturing in, going to, attending or partaking in any location or experience suggested or recommended by the Service. We also aren't responsible for services and features offered by other people or companies at any one or other locations suggested by the Service, even if you access them through our Service. YOU AGREE THAT UNDER NO CIRCUMSTANCES will Expera Pty Ltd (its officers, servants or agents) be liable for any loss or damage (including for personal injury and consequential loss and damage) howsoever caused, wheresoever and whensoever occurring to the fullest extent of the law.
You also agree to indemnify Expera Pty Ltd (its officers, servants or agents) for any and all loss and damage, including consequential loss and damage suffered or incurred (directly or indirectly) as a consequence of any act or omission on your part (including negligent acts or omissions) in relation to your use of the Service.
Our responsibility for anything that happens on the Service (also called 'liability') is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we will not under any circumstances be responsible ('liable') for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.
How We Will Handle Disputes.
If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms ('claim'), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the Australian domestic Courts or Tribunals, that you submit to the personal jurisdiction of either of these courts or tribunals for the purpose of litigating any such claim, and that the laws of the State of Queensland will govern these Terms and any claim, without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in its sole discretion, Expera Pty Ltd may also bring any claim we have against you related to efforts to abuse, interfere, or engage with our products in unauthorized ways in the country in which you reside that has jurisdiction over the claim.
Unsolicited Material.
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms.
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account, or otherwise cease using the WYLD products and services.
Date of Last Revision: October 4, 2023