Terms and Conditions

 1. INTRODUCTION

 

1.1.  This agreement outlines the terms and conditions (the “Terms”) that apply between us Wilderness Now Limited (the “Company”, “we”, or “us”) and you (a “User” or “you”) in respect of your use of the Platform. It is important that you read these Terms carefully.

 

1.2.  Use of the Platform means use of the functionality offered via the Platform. To use the functionality offered via the Platform means, without limitation, to access or browse the Platform, to submit Enquiries, to make Payments, to communicate with any representative of the Company in respect of Services and/or to enter into Contracts for Services.

 

1.3.   Using the Platform signifies acceptance of these Terms and the Privacy Policy. Our website uses cookies and our cookie policy is set out at clause 16 below. If you do not agree to these terms of use, you must not use our Platform.

 

1.4.  These Terms shall commence on the date you agree to them in accordance with this clause 1 and shall remain valid and binding for the duration of the period of your use of the Platform or, if relevant, for the duration of any Contract for Services you may enter into with a Service Provider.

 

1.5.  These Terms may be superseded by any amended Terms or terminated at any time and at the Company’s sole discretion (e.g. by amending this document). Please check the Terms from time to time to take notice of any changes we made, as they are binding on you.

 

1.6.  You should read these Terms carefully before agreeing to them and you should retain a copy of the Terms for your future reference.

 

1.7.  It is your responsibility to assess whether the Platform is suitable or appropriate for your needs and any decision made to use our Platform is made entirely at your own risk.

 

1.8.  By using the Platform, you confirm that you have the necessary experience and knowledge to understand and competently assess and manage the risks involved in using Services offered by Service Providers via the Platform.

 

1.9.    By using the Platform you further confirm that you have or will have Insurance at the time of using any of the Services.  

 

1.10.    Please note that these Terms apply between you and the Company in relation to your use of the Platform. This agreement is distinct from and entirely independent of any Contract for Services that you may enter into with a Service Provider as a consequence of your use of the Platform.

 

1.11.  The Platform enables you to search for Services offered by Service Providers and to enter into Contracts for Services with Services Providers. All Service Providers are independent of the Company and are not, without limitation, its employees or agents. These Terms are not applicable to any Contract for Services that you may enter into with a Service Provider, to which the Company is a third party. When you enter into a Contract for Services, you do so subject to the terms and conditions of the Service Provider, including in relation to Cancellations. By entering into a Contract for Services you are agreeing to abide and be bound by the terms and conditions of the Service Provider offering the Service, including in relation to Cancellations.

 

1.12.  By entering into a Contract for Services you are confirming that you accept that such Services are exclusively subject to the terms and conditions of the Service Provider, who is independent of the Company. These terms and conditions may limit and/or exclude the Service Provider’s liability to you.

 

1.13.  Please ensure that you request, read, understand and accept the terms and conditions applicable to any Contract for Services you may enter into with a Service Provider. It is your sole responsibility to do so. It is not the responsibility of the Company to provide you with the terms and conditions of a Service Provider in respect of a Service, although we may choose to do so at our sole discretion.

 

1.14.  Without prejudice to the above, in the event of any conflict between these Terms and the terms and conditions of the Service Provider in respect of a Contract for Services, the terms and conditions of the Service Provider shall prevail.  

 

1.15.  Please note that The Package Travel, Package Holidays and Package Tours Regulations 1992 (the “Regulations”) do not apply to the Services offered via the Platform, which are not “packages”, as defined in the Regulations. The Company is not a “retailer”, as defined in the Regulations. By using the Platform you are confirming that you accept that the Regulations do not apply to the Services and that your rights as a consumer may be correspondingly affected.

 

2. DEFINITIONS AND INTERPRETATION

 

2.1.  The following definitions should be read carefully as they provide important explanation and guidance on interpretation of the language used in these Terms:

 

‘Adverse Event’ means an event that occurs during or as a consequence of a Contract for Services and that has an adverse effect on you, including, without limitation, an adverse effect on your physical person and/or on your actual and/or potential economic circumstances.  

 

‘Adverse Financial Event’ means an event that results in a Service Provider being unable to refund a Payment due and owing to you, including, without limitation, in the event of the insolvency or bankruptcy of the Service Provider.

 

‘Cancellation’ means any cancellation of a Contract for Services at any time prior to the conclusion of such Contract for Services, whether by you or by the Service Provider.

 

‘Contract for Services’ means an agreement reached between you and any Service Provider in respect of the Service Provider’s provision of a Service following an Enquiry.

 

‘Enquiry’ means any message submitted in respect of a Service via the Platform’s internal messaging system (e.g. clicking on the ‘book now’ button that appears in each Profile).  

 

‘Invoices’ means any invoices generated via the Platform’s internal messaging system in respect of Contracts for Services.

 

‘Insurance’ means insurance in respect of all risks related to any Service that is the subject of a Contract for Services, including without limitation all risks in relation to damage to person, to property and to Adverse Financial Events, that remains valid and in effect for the entire duration of such Contract for Services

 

‘Payment’ means any payment made to a Service Provider for his/her Services pursuant to a Contract for Services.

 

‘Payment Agent’ means the independent service provider used by the Company in respect of Payments (currently Stripe).

 

‘Profile’ means the individual page describing a Service offered by a Service Provider via the Platform.

 

‘Services’ means any services offered by Service Providers in respect of which a User may enter into a Contract for Services.

 

‘Service Providers’ means the persons offering the Services.

 

2.2.   In these Terms, the following rules of interpretation shall apply:

 

2.2.1. clause and paragraph headings shall not affect the interpretation of these Terms;

 

2.2.2. a reference to a person shall include a reference to an individual, firm, company, corporation, partnership, unincorporated body of persons, government, state or agency of a state or any association, trust, joint venture or consortium (whether or not having separate legal personality) and that person’s personal representatives, successors, permitted assigns and permitted transferees;

 

2.2.3. unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular; and

 

2.2.4. unless the context otherwise requires, a reference to one gender shall include a reference to the other.

 

3. BASIS OF AGREEMENT

 

3.1.  These Terms constitute the terms on which you agree to use the Platform.

 

3.2.  The Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Company which is not set out in these Terms.

 

3.3.  These Terms apply to any services we provide to you, to the exclusion of any other terms that may be imposed or incorporated, or which are implied by trade, custom, practice or course of dealing, save where any such terms are agreed by us in writing.

 

4. OUR SERVICE

 

4.1.  The aim of our service is to enable you to access, make Enquiries about, and enter into Contracts for Services in respect of, the Services offered by Service Providers via our Platform.

 

4.2.  We will alert you via electronic message whenever a Service Provider responds to an Enquiry, an Invoice is generated and/or a booking is confirmed by the Service Provider. We may, at our discretion, alert you other than via electronic message (e.g. by telephoning you).

 

4.3.  We do not sell or resell any of the Services displayed. You deal directly with the Service Provider who is offering the Service on his/her own account and as a third party to the Company. As such, we do not act as an agent, or a go-between in relation to any issues relating to your experience of the Services offered by Service Providers via the Platform, although we may in our sole discretion offer assistance to our Users. Service Providers offer Services as independent third parties to the Company, pursuant to the Service Provider’s own terms and conditions in respect of the provision of Services. The Company is a third party to all Contracts for Services. We expressly disclaim all responsibility and liability in relation to Contracts for Services.

 

4.4.  We do not warrant the nature and/or the quality of the provision of any of the Services. Such Services are offered by the Service Providers as third parties to the Company. The Service Provider is neither the agent nor the employee of the Company and we are not able to and do not warrant the professional competency of the Service Provider.

 

4.5.  By accepting these Terms, you accept that we are not liable for damage to person or property attributable or potentially attributable to the provision of any of the Services, including but not limited to liability for negligent provision of Services by the Service Provider.

 

4.6.  We do not warrant the accuracy of any of the information contained in the Profiles. Information contained in the Profiles is provided by Service Providers to you, in accordance with the terms and conditions that apply to their offer of Services (such terms and conditions are accessible via the Platform).

 

4.7.  By accepting these Terms, you accept that we are not liable for damage to person or property attributable or potentially attributable to the information contained in the Profiles.  You further accept that we are not liable for any pure economic loss attributable or potentially attributable to your reliance on the information contained in the Profiles.

 

4.8.  We do not warrant the accuracy of any information provided by the Service Provider to you in relation to the Services (e.g. by way of a response to an Enquiry, or otherwise). By accepting these Terms, you accept that we are not liable for loss or damage to person or property attributable or potentially attributable to such information.  You further accept that we are not liable for any pure economic loss attributable or potentially attributable to your reliance on the information provided by the Service Provider to you in relation to the Services.

 

4.9.  We do not guarantee that you will be able to enter into a Contract for Services as a consequence of your use of the Platform.

 

4.10.    We may update the Platform from time to time, and may change the content/information on it at any time. However, please note that any of the content/information on the Platform may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that any information on our Platform will be free from errors or omissions.

 

5. YOUR USE OF THE PLATFORM

 

5.1.  By using the Platform you agree:

 

5.1.1.    not to add any email address, phone number or website links into the Enquiries you send to any Service Providers via the Platform;

 

5.1.2.    to promptly declare on request the outcome of all Enquiries where you do leave an email address, phone number or website link;

 

5.1.3.    not to use the Platform other than in strict accordance with these Terms; and

 

5.1.4.    on entry into a Contract for Services, to abide strictly by the Service Provider’s terms and conditions applicable to such Contract for Services, including in relation to Cancellations.

 

6. REPRESENTATIONS AND WARRANTIES

 

6.1.  Representations and warranties are statements and promises made by you to the Company upon which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of entering into these Terms and every time you use the Platform:

 

6.1.1.     you are over the age of 18 years;

 

6.1.2.    you are of sound mind and have the capacity to agree to these Terms;

 

6.1.3.    all personal information that you provide about yourself is accurate and true;

 

6.1.4.    you have Insurance, or will have Insurance at the time of your use of any of the Services;

 

6.1.5.    you have carefully considered the risks involved with your use of Services and you have the necessary experience and knowledge to understand and competently assess and manage these risks;

 

6.1.6.    you will competently assess and manage the risks involved with your use of the Services on every occasion you enter into a Contract for Services;

 

6.1.7.    in the event of entering into a Contract for Services, that you have a level of experience, physical fitness and level of technical expertise appropriate to the relevant activity that is the subject of the Contract for Services and that you will accurately advise the Service Provider of such level of experience, physical fitness and level technical expertise, and of potentially relevant medical condition that might affect your ability to carry out the activity that is the subject of the Contract for Services, prior to carrying it out;

 

6.1.8.    you will only make Payments due pursuant to a Contract for Services via the Platform and not via any other means (e.g. to the Service Provider directly).

 

7. RISK ACKNOWLEDGEMENT  

 

7.1.  You acknowledge and confirm that you have carefully considered the risks involved in entering into Contracts for Services and that your participation in any Services pursuant to a Contract for Services is entirely at your own risk.

 

7.2.  You acknowledge and confirm that the Company’s liability to you as a direct or indirect consequence of your use of Services pursuant to a Contract for Services is further limited as set out at clause 12 below.

 

8. CANCELLATIONS

 

8.1.  Contracts for Services are exclusively subject to the terms and conditions of the Service Provider, including in respect of Cancellations. You acknowledge and confirm that all Contracts for Services include a risk that there may be a Cancellation by the Service Provider after entry into the Contract for Services. You further acknowledge and confirm that any such Cancellation is the exclusive responsibility of the Service Provider, is not the responsibility of the Company and that the Company is in not liable to you for any such Cancellation on the part of the Service Provider, including in relation to any consequential losses that you may suffer as a result of such Cancellation (although, without prejudice to this clause 8.1, the Company may, in its sole discretion, address User complaints in whatever manner it may from time to time deem appropriate).

 

8.2.   In the event of a Cancellation by the Service Provider, the Service Provider should make a payment to you by way of refund pursuant to the terms and conditions of the Service Provider in respect of the Contract for Services. You acknowledge and confirm that any such failure on the part of the Service Provider to do so is the exclusive failure of the Service Provider, is not the responsibility of the Company and that the Company is in not liable to you for any such failure on the part of the Service Provider (although, without prejudice to this clause 8.2, the Company may, in its sole discretion, address User complaints in whatever manner it may from time to time deem appropriate).

 

8.3.  In the event of a Cancellation by you, you acknowledge and confirm that your entitlement to a refund (if any) will be exclusively subject to the terms and conditions of the Service Provider in respect of the Contract for Services. You further acknowledge and confirm that the Company is in not obliged to make any payment to you by way of refund, irrespective of whether such payment is due and owing to you pursuant to the terms and conditions of the Service Provider in respect of the Contract for Services (although, without prejudice to this clause 8.3, the Company may, in its sole discretion, address User complaints in whatever manner it may from time to time deem appropriate).

 

9. PLATFORM ACCESS AND USE

 

9.1.  The Platform is, at all times, subject to our terms of use, as set out in these Terms.

 

9.2.  You confirm that you will only use our Platform for the purposes set out in these Terms.

 

9.3.  You understand that we may store your IP address information and may monitor your use of the Platform.

 

9.4.  Access to the Platform may be restricted at the discretion of the Company, particularly during periods of maintenance and updating.

 

9.5.  You are responsible for any telecommunication costs, broadband fees or data charges that you incur through your access to the Platform.

 

10. PAYMENTS

 

10.1.    We do not charge you a fee for entering into Contracts for Services.   

 

10.2.    Prices for the Services are exclusively determined by the Service Providers. Please note that prices for Services cited in (without limitation) the Profiles are provided for guidance only.

 

10.3.    Payment for Services is made in full at the time of entering into a Contract for Services.

 

10.4.    Payments are processed by our Payment Agent. This process is subject to the terms and conditions of the Payment Agent.

 

10.5.    It is the responsibility of the User to determine whether the Service Provider has appropriate systems and/or Insurance in place to protect Payments made to Service Providers in respect of an Adverse Financial Event. The Company expressly disclaims all liability in respect of Payments in the event of an Adverse Financial Event.

 

11. PRIVACY AND IDENTIFICATION

 

11.1.    You confirm that you have read and understood the privacy policy (the “Privacy Policy”) which provides information on how we use and store the personal information that you provide to us. By using our Platform, you consent to such processing and you warrant that all data provided by you is accurate. The Privacy Policy may be accessed via the Platform.

 

11.2.    You also further acknowledge that the Company may amend and update the Privacy Policy from time to time and without notice to you.

 

11.3.    You agree that we may pass your personal information to any recognised third party company or authority solely for the purposes of verifying your identity, performing due diligence checks, fraud prevention and legal and/or regulatory compliance.

 

12. INTELLECTUAL PROPERTY RIGHTS

 

12.1.    The Platform and all intellectual property rights arising out of or in connection with it are the exclusive property of the Company. All our intellectual property rights in the Platform are fully reserved.

 

12.2.    You must not use any part of the content on the Platform for commercial purposes without obtaining a licence to do so from us or, where relevant, from the relevant Service Provider.

 

13. LIMITATION OF LIABILITY

 

13.1.    Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

 

13.2.    To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

 

13.3.    Without limitation and subject to the foregoing provisions, neither the Company, nor any member of the Company, nor any directors, officers, employees, advisors or agents of the Company accepts any liability whatsoever for any losses arising from the following circumstances:

 

13.3.1.      an Adverse Event;

 

13.3.2.      an Adverse Financial Event;

 

13.3.3.      a Cancellation;

 

13.3.4.      any liability of the Service Provider to you pursuant to any applicable law including, without limitation, the Regulations;

 

13.3.5.      any Platform downtime or system outage; and

 

13.3.6.      computer viruses, malware or errors received by you through the Platform; and

 

13.4.    You agree and acknowledge that the Company’s liability to you is further limited in accordance with these Terms.

 

14. RIGHT OF SET OFF

 

14.1.         We have the right to immediately and without notice set off any liability or debt that is owed by you to the Company or any member of the Company.

 

15. GENERAL

 

15.1.    These Terms and any dispute arising out of or in connection with their subject matter shall be governed by and construed in accordance with the laws of England and Wales and the parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising in connection with these Terms.

 

15.2.    The Company shall be permitted to make amendments to these Terms from time to time and without notice to you. You will be deemed to have accepted such amended Terms by continuing to use the Platform.

 

15.3.    You agree that the Company may assign its interest under these Terms to any third party without notice.

 

15.4.    The Company’s rights and obligations under these Terms are personal to you which means that you cannot assign them to another party without the explicit prior written consent of an officer of the Company.

 

15.5.    The Company may record all telephone calls and other communications for the purposes of security and training.

 

15.6.    You understand that the Company will endeavour to be open on all business days. However, its offices and telephone lines will be closed on weekends and over UK public holidays. You further acknowledge that the Company will make reasonable efforts to ensure that the Platform is available continuously; however that there may be instances where access to the Platform is restricted as a result of scheduled maintenance, technology failure or network failure.

 

15.7.    If any section or element of these Terms is found to be unenforceable, in contradiction of any law, or illegal, such findings shall not affect the validity of the remainder of these Terms.

 

15.8.    If the Company does not strictly apply its rights under these Terms at a specific time, it does not restrict the Company from applying them at any time in the future.

 

15.9.    www.wilderness-now.com is a site operated by Wilderness Now Limited, a limited company registered in England and Wales under company number 10192017 and with its registered office at Sycamore House, 4 Old Town, London, SW4 0JY.

 

15.10.Wilderness Now and its associated logo (viewable via the homepage at www.wilderness-now.com) are trademarks of Wilderness Now Limited.

 

15.11.  The provision of any information by you to us (e.g. by email to any @wilderness-now.com email address) shall be considered by us a query (a “Query”). We undertake no obligation to respond to Queries, although we may elect to do so. Should we elect to respond to any Query, please note that this does not amount to advice on which you should rely or the creation of a contract. We do not undertake any obligation to consider whether the information provided by us (including in answer to a Query) is either sufficient or appropriate for any particular actual circumstances. We do not accept any responsibility for any action taken as a result of information provided by us (including information provided in answering a Query).

 

15.12.  Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

 

15.13.  You may link to any page on our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Platform must not be framed on any other site. The website in which you are linking must comply in all respects with the law, be established for lawful purpose or effect, and not contain any material which is defamatory of any person, obscene, hateful, sexually explicit, violent, discriminatory, illegal, fraudulent, misrepresentative or otherwise offensive (as determined by us at our sole discretion).

 

16. COOKIE POLICY

 

16.1.    Our website uses cookies. A cookie is a small file of letters and numbers that we put on your computer if you agree. Please note that your agreement will be assumed unless you inform us to the contrary. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and also allows us to improve our site. The cookies we use are "analytical" cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our website works, for example by ensuring that users are finding what they are looking for easily.

 

16.2.    You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

 

17. COMPLAINTS

 

17.1.    In the event that you have a complaint, the Company will make every effort to rectify it as soon as practicably possible.

 

17.2.    Please write to us making clear the details surrounding your complaint. You can send your complaint by e-mail to mike@wilderness-now.com and/or charles@wilderness-now.com.

 

17.3.    We will endeavour to provide a response to your complaint within ten business days of receiving it.