ABOUT THE WILD APP
The Wild App is available to use for free and it will always remain that way. There are some add-on features that require subscription, but this has been kept at a low level for you to support the development of this App if you so wish.
There are three levels you can choose from when using Wild as follows:
We intend to generate revenue through member donations, upgraded subscriptions, advertising, events and merchandise.
This section of the site contains terms of use for:
- General Terms & Conditions
See also:
GENERAL TERMS & CONDITIONS
These Terms and Conditions govern your use of the Wild App and the wildswim.app website (the “App”) and your relationship with the Wild App and TSD Proekt EOOD (the “Company”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the App.
1. USE OF THE App
1.1 The App is provided to you for your personal use subject to these Terms and Conditions. By using the App you agree to be bound by these Terms and Conditions.
1.2 By using the App you expressly confirm that you have read and understood the terms of the Wild Safety and Code of Conduct statement and agree to its terms. A link to the Wild Safety and Code of Conduct statement is located above. Please note that the terms of the Wild Safety and Code of Conduct statement include exclusions / limitations of liability and therefore need to be read carefully.
1.3 By using (or registering with) the App you expressly confirm that you take full responsibility for your own decisions to participate in Wild swimming at any location, and that we do not assume any legal responsibility for you in relation to the information provided to you by us or by anyone acting (or purporting to act) on our behalf. You must conduct your own risk assessment prior to participating in any Wild swim.
2. AMENDMENTS
2.1 We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the App. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the App. The changes will apply to the use of the Company App after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the App. If you continue to use the App after the date on which the change comes into effect, your use of the App indicates your agreement to be bound by the new Terms and Conditions.
3 REGISTRATION, PASSWORD AND SECURITY
3.1 In order to use the App you must register a profile. When you register to use the App you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should change it immediately, by logging into your account. If you forget your password or username, prompts are available.
3.2 If we have reason to believe that there is likely to be a breach of security or misuse of the App, we may require you to change your password or we may suspend your account.
3.3 To register on the App you must be over eighteen years of age. If you are under the age of eighteen you must have the consent and supervision of your legal guardian.
3.4 You must ensure that the details provided by you on registration or at any time are correct and complete. You can update your details at anytime in your account.
3.5 You must update your personal details when they change in order that we can communicate with you effectively.
4 INTELLECTUAL PROPERTY
4.1 The content of the App is protected by copyright, trademarks, database rights and other intellectual property rights. You may retrieve and display the content of the App on a computer screen or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the App without written permission from us or the relevant copyright owner.
5 YOUR USE OF THE APP
5.1 You may not use the App for any of the following purposes:
- disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
- interfering with any other person’s use or enjoyment of the App; or
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
5.2 You will be responsible for our losses and costs resulting from your breach of this clause 5.
6 AVAILABILITY OF THE APP
6.1 Although we aim to allow you the best possible access to the App, we make no promise that the services at the App will meet your requirements. We cannot guarantee that the service will be fault-free. If a fault occurs in the service you should report it via one of our communication channels and we will attempt to correct the fault as soon as we reasonably can.
6.2 Your access to the App may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
7 THE COMPANY’S RIGHT TO SUSPEND OR CANCEL YOUR REGISTRATION
7.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
7.2 You can cancel your subscription at any time by contacting us at the email address provided. It will be cancelled before the next renewal date and you will continue to have full access until this time.
7.3 You can cancel your newsletter registration at any time by clicking the unsubscribe link included at the foot of every newsletter.
7.4 The suspension or cancellation of your registration and your right to use the App shall not affect either party’s statutory rights or liabilities.
8 THE COMPANY’S LIABILITY
8.1 If the App provides content from other Internet sites or resources and we try to ensure that material included on the App is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the App we will attempt to correct the inaccuracies as soon as we reasonably can.
8.2 If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
8.3 This clause 8 shall not limit or affect our liability resulting from any products sold through the App being found to be unsafe or unsatisfactory or if something we do in relation to those products negligently causes death or personal injury.
9 THIRD PARTY WEBSITES
9.1 As a convenience to users, the App may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the App.
10 ADVERTISING AND SPONSORSHIP
Part of the App may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the App complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
11 APPLICABLE LAW
These terms and conditions will be subject to the laws of the European Union. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the EU (in English).
12 INTERNATIONAL USE
We taken every step to ensure that the material on the App are appropriate or available for use in locations around the globe, but please comply with local laws where applicable and only swim where it is not prohibited. Accessing the App from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from your location, you do so on your own initiative and are responsible for compliance with local laws.
13 MISCELLANEOUS
You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
If you breach these Terms and Conditions and the Company chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.