TERMS AND CONDITIONS
LAST UPDATED:7 Dec 2021
These Terms and Conditions (“Terms”) govern the use of www.wildcountry.in (“Website”) and the mobile application “Wild Country” (“App”) (the Website and App are collectively referred to as “Platform”, which term includes all content, software, services, and products available on the Platform). These Terms include Wild Country’s privacy policy, available at https://www.wildcountry.in/privacy-policy (“Privacy Policy”) and any guidelines, additional terms, policies, or disclaimers made available by or issued by Wild Country from time to time.
These Terms constitute a binding and enforceable legal contract between Wild Country Private Limited and its affiliates (collectively referred to as “Wild Country”, “we”, “us”, or “our”) and you, an end user of the Platform (“you” or “User”) in relation to the use of the Platform.
By using the Services, you agree that you have read, understood, and to be bound by these Terms as amended from time to time, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Platform or any features or content made available on or through the Platform.
1. SERVICES
(a) Wild Country provides you a Platform which gives you access to the following services that are provided through the Platform, products, applications, and plug-ins (collectively referred to as “Services”)
(i) Record: trip navigation, route tracking and analytics; and
(ii) Explore: digital content creation and publication, and social media engagement with other Users.
(b) The Services are intended solely for persons who are at least 18 years old. If you are under this legal age to form a binding contract, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We may collect, use, store and transfer different kinds of personal data about you to provide you with or in connection with the Platform.
2. LICENSE
(a) Wild Country grants you a revocable, non-exclusive, non-transferable, non-sublicensable and limited license to use the Platform for your personal, non-commercial, and informational purposes only. This license does not include any right of resale, assignment or sub-license or any other rights not expressly granted by these Terms. No license or right is hereby granted by implication.
(b) We license the use of the App to you on the basis of these Terms and subject to any additional rules or policies applied by the Google Android application store or the Apple Store (“Appstore Rules”) from whose sites, located at https://play.google.com/store/apps or https://www.apple.com/legal/internet-services/itunes/ww/ respectively (“Appstore”), the App is downloaded.
(c) Except for the license set forth in this Clause 2, the Terms do not transfer any Wild Country or third party intellectual property to you, and all rights, title and interest in and to such property, including, without limitation, the Platform, will remain solely with Wild Country. The Wild Country trademarks and logos, and all other trademarks, service marks, graphics and logos used in connection with Wild Country or the Platform are trademarks or registered trademarks of Wild Country’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Platform or any content available on the Platform may be the trademarks of third parties. Use of the Platform does not grant you any right or license to reproduce or otherwise use any Wild Country or third-party trademarks.
(d) You agree and warrant that you shall not reproduce any content available on the Platform in any manner without the prior express written consent of Wild Country.
3. USER ACCOUNTS
(a) You will have to create and operate an account on the Platform (“User Account”). You are required to provide complete and accurate information to Wild Country while creating your User Account(s).
(b) You are solely responsible for maintaining the confidentiality of your User Account and password and for restricting access to your device. You are responsible for all activities that occur under your account or password. We are not liable for any loss or damages that may arise from your failure to ensure the confidentiality of your account.
(d) We endeavour to use reasonable security measures to protect against unauthorized access to your User Account. We cannot, however, guarantee absolute security of your User Account, your User Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Platform and/or Services. You agree to immediately notify Wild Country of any unauthorized use of your User Account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to any information or content you provide to Wild Country.
(e) Our Platform may contain interactive features or services that allow Users who have created a User Account with us to post, upload, publish, display, transmit, or submit comments, reviews, audio clips, photographs, graphics, videos, messages, posts, tags, or other content or submit feedback on or through the Platform (“User Content”).
(f) User Content will be treated as non-proprietary and non-confidential. By posting any User Content, you grant us a royalty-free, perpetual, irrevocable, world-wide, and sub-licensable license to access, copy, modify, adapt, reproduce, redistribute, publish, create derivative works from, compile, arrange, display, disclose, or otherwise make use of the User Content in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, for any purpose and in any way without due compensation to you.
(g) You understand and acknowledge that you are solely responsible for any User Content you post, and you have full responsibility for such submission, including its legality, reliability, accuracy, and appropriateness. We are not liable for the content or accuracy of any User Content posted by you or any other user.
(h) You may register for or log-in to your User Account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize Wild Country to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
(i) Since certain features of the Platform rely on the Mapbox API, you hereby agree to be bound by the Mapbox Terms of Service (including the Mapbox Privacy Policy) in connection with your use of such Services.
4. YOUR RESPONSIBILITIES
(a) You represent and warrant that:
(i) you own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licences under these Terms;
(ii) you are solely responsible for all activities that occur on or through your account on the Platform and all User Content;
(iii) the User Content does not and shall not violate any of your obligations or responsibilities under other agreements;
(iv) the User Content does not and shall not violate, infringe, or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity;
(v) the User Content does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
(vi) the User Content shall not violate any third party rights;
(vii) you shall not publish or make available User Content that is objectionable or restricts or inhibits any other person from using or enjoying the Services, or that may expose Wild Country or others to any harm or liability of any type;
(viii) you shall not engage in any activity that interferes with or disrupts access to the Platform; and
(ix) you shall not attempt to gain unauthorised access to any portion or feature of the platform, any other systems or networks connected to the Platform, to any of our servers, or through the Platform, by hacking, password mining, or any other illegitimate means.
(b) You shall not use the Platform and Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
(i) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
(ii) except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works, rent, or license the Platform or any portion thereof, or any other Services offered under these Terms;
(iii) use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
(iv) use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof other than copying or exporting as permitted by the Terms;
(v) make any back-up or archival copies of the Platform or any part thereof;
(vi) use the Platform to host, display, upload, modify, publish, transmit, store, update, or share any information that (A) belongs to another person and to which you have no rights over, (B) is defamatory, obscene, pornographic, paedophilic, invasive of another person’s privacy, insulting or harassing, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force, (C) is harmful to children, (D) infringes any patent, trademark, copyright, or other proprietary rights, (E) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact, (F) impersonates another person, (G) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
(vii) use the Platform in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or
(viii) violate applicable laws in any manner.
(c) You will extend all possible co-operation in relation to the Platform and/or Services as may be reasonably requested by Wild Country from time to time.
(d) You shall obtain and maintain at your own expense all the necessary computer hardware, software, modems, connections to the internet, and other items required for the access to the internet and use of the Platform and/or Services by you.
(e) You are aware of applicable laws and regulations governing your use of the Platform and/or Services. You shall be solely responsible for ensuring compliance with the various applicable laws, and you shall be solely liable for any liability that may arise due to a breach of your obligations in this regard.
(f) You shall extend all cooperation, at your cost, to Wild Country in its defence of any proceedings that may be initiated against it due to a breach of your obligations or covenants under these Terms.
5. INTELLECTUAL PROPERTY
(a) All rights, title, and interests in the Platform, and all intellectual property rights including trademarks, copyrights, patents, trade secrets, moral rights, and other related rights, associated with any ideas, concepts, techniques, inventions, processes, works of authorship, and confidential information, arising out of the Platform are owned by, or otherwise licensed to us.
(b) All product names, whether or not appearing with the trademark symbol, are trademarks that belong to us unless otherwise stated by us. The use or misuse of these trademarks or any other materials, except as permitted in these Terms, is expressly prohibited and may be in violation of copyright law, trademark law, and any other applicable law.
(c) The contents of this Platform are subject to copyright protection. The contents of the Platform may not be copied, recopied, reproduced, or otherwise redistributed. You should not copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Platform or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without our express written consent or as otherwise permitted in these Terms.
(d) Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any third party’s intellectual property rights.
6. THIRD PARTY SERVICES
(a) The Platform may include services, content, and information owned, made available, or otherwise licensed by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that the use of such Third Party Services is solely at your own risk.
(b) We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness.
(c) All intellectual property rights in and to Third Party Services are the property of the respective third parties.
7. DISCLAIMERS AND WARRANTIES
(a) Your use of the Platform is at your own risk. To the maximum extent permitted by applicable law, this Platform and the content available on it or through it are provided for your convenience on an “as is”, and “as available” basis.
(b) To the fullest extent permissible under applicable law, we expressly disclaim any warranties and conditions of any kind, whether, implied, or statutory, including, without limitation, merchantability, fitness for a particular purpose, accuracy, title, non-infringement of third-party rights, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranties arising out of the use of our Platform.
(c) We do not guarantee that access to the Platform will be uninterrupted, or free from error, defect, loss, delay in operation, cyber-attacks, viruses, interference, hacking, malware, or other security intrusions, and we disclaim any liability relating thereto.
(d) We do not own, control, or endorse any User Content that is transmitted, stored, or processed via the Platform and/or Services. You are solely responsible for your User Content. Wild Country does not recommend, endorse, or make any representation about the efficacy, appropriateness or suitability of any User Content that is made available through the Platform and/or Services and disclaims all liabilities or warranties arising out of or in connection with any User Content.
(e) Wild Country does not exercise any editorial rights over any User Content or any other content that is made available through the Platform and/or Services.
(f) Subject to the other terms contained hereunder, Wild Country reserves the right to remove or make unavailable User Content that is made available on or through the Platform and/or Services in accordance with the terms of a valid court order.
(g) There are no implied warranties, including any warranty of merchantability, non-infringement or fitness for a particular purpose, or otherwise, which extend beyond the description of the Platform and Services.
(h) You hereby accept full responsibility for any consequences that may arise from your use of the Platform and/or Services, and expressly agree and acknowledge that Wild Country shall have absolutely no liability with respect to the same, including in connection with any physical injury that may be suffered from your use of the Platform, Services and/or any User Content.
(i) Notwithstanding anything to the contrary, the maximum aggregate liability of Wild Country and its affiliates for any loss shall not exceed INR 5,000 (Five Thousand).
8. INDEMNITY
You agree to indemnify and hold us harmless, and our affiliates, licensors, and their respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of the negligent or unlawful use of the Platform or against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees), a breach of any provision of these Terms by you, or any third-party claim to the extent arising from or connected with an allegation that your use of the Platform in accordance with these Terms infringes the rights of a third party.
9. CONSENT TO USE DATA
(a) You agree that Wild Country may in accordance with its Privacy Policy collect and use your information and technical data and related information, including but not limited to technical information about your device, system and application software and peripherals, that is gathered periodically to facilitate the provision of Platform updates, product support, and other services to you (if any) related to the license granted under these Terms.
(b) Wild Country reserves the right to utilise metadata (for example: usage statistics, access activity, etc.) in accordance with the Privacy Policy for internal purposes such as marketing, research, pricing, and technical or product development.
(c) You acknowledge that Wild Country shall report cyber security incidents and share related information with the Indian Computer Emergency Response Team in accordance with the policies and procedures as mentioned in the Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013.
10. CONFIDENTIALITY
You acknowledge that the Services contain Wild Country’s and its licensors’ trade secrets and confidential information. You agree to hold and maintain the Services in confidence, and not to furnish any other person with a copy of the Services or Platform. You agree to use a reasonable degree of care to protect the confidentiality of the Services. You will not remove or alter any of Wild Country’s or its licensors’ proprietary notices. Your obligations under this Clause continue even after these Terms have expired or been terminated.
11. FORCE MAJEURE
(a) We shall be excused from our obligations hereunder in whole or in part to the extent its performance is delayed or prevented by strikes, work stoppages or disputes, fires, floods, war, riots, epidemics, pandemics, quarantines, curfews, non-availability or delays of transportation, accidents, compliance with and change in any laws, government orders, advisories, guidelines, rules, regulations, directions, and any other decisions of governments and relevant regulators restrictions, or any other cause beyond our control.
(b) In such circumstances our obligations hereunder shall be suspended for so long as any such contingency continues.
12. INDIA OPERATION
The Platform is controlled by Wild Country from its offices within the Republic of India. Wild Country makes no representation that the Platform or the content available on the Platform is appropriate or available for use in other locations. Access to or use of the Platform or the content available on the Platform from territories where such access or use is illegal is prohibited. Those who choose to access the Platform from locations outside of the Republic of India do so on their own initiative and are responsible for compliance with applicable local laws.
13. TERM AND TERMINATION
(a) These Terms will remain in full force and effect as long as you continue to access or use our Platform and/or Services. We may, with or without prior notice, terminate any of the rights granted by these Terms without cause. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Platform.
(b) You agree that we may, in our sole discretion, suspend or terminate your use of your account on the Platform for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.
14. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
(a) These Terms shall be governed by and be construed and enforced in accordance with the laws of the Republic of India. Subject to other provisions in this Clause, courts in Bangalore shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Platform and/or Services.
(b) Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Bangalore in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by Wild Country. The language of the arbitration shall be English.
(c) The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
(d) Each party to the arbitration shall bear its own costs with respect to any dispute.
15. MISCELLANEOUS
(a) Modifications: We reserve the right to modify these Terms at any time and to add new or additional terms or conditions on your use of the Platform. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which case these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.
(b) Relationship: Nothing contained in these Terms creates any agency, partnership, or other form of joint enterprise between Wild Country and you.
(c) Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
(d) Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to A-2, Floor Ground, Plot 281-A, Adinath Apartment, JavajiDadaji Marg, Mumbai – 400 007, Maharashtra, India.
(e) Third-Party Rights: No third party shall have any rights to enforce any terms contained herein.
16. GRIEVANCE OFFICER
You may contact us at A-2, Floor Ground, Plot 281-A, Adinath Apartment, JavajiDadaji Marg, Mumbai – 400 007, Maharashtra, India , with any enquiry relating to these Terms or an enquiry relating to our Platform and/or Services. You can also do so by writing to our Grievance Officer at the address provided below:
Name: Joanne Fernandes
Email Address: grievances@wildcountry.in