These Terms apply to your access to, and use of, all or part of any Canadian website or mobile application of The Wilds Skincare or its subsidiaries and affiliated companies (collectively, “The Wilds ”), including (www.shopthewilds.com), and any other Canadian site, Instagram, other mobile application or online service where these Terms are posted (collectively, the “Sites”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with The Wilds for products, services or otherwise.
The English text segment of this website will be considered authoritative for any discrepancies that may occur between the English and other language segments.
While we make reasonable efforts to provide accurate and timely information about The Wilds on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about The Wilds .
You agree that we may provide notices, disclosures, and amendments to these Terms by electronic means, including by changing these Terms by posting revisions on the Sites.
The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. A USER MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITES. If the User is between the ages of 13 and the age of majority in his or her province/territory of residence, he or she may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
In order to participate in certain areas of our Sites, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify The Wilds if you discover or otherwise suspect any security breaches relating to the Sites; and (f) to take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
At The Wilds , we are committed to providing our clients, customers, members with exceptional service. As providing this service involves the collection, use and disclosure of some personal information about our clients and customers, protecting their personal information is one of our highest priorities.
While we have always respected our clients and customers’ privacy and safeguarded their personal information, we have strengthened our commitment to protecting personal information as a result of British Columbia’s Personal Information Protection Act (“PIPA” or the “Act”). PIPA, which came into effect on January 1, 2004, sets out the ground rules for how B.C. businesses and not-for-profit organizations may collect, use and disclose personal information.
Although accessible by others, the Sites are intended to be accessed by Canadian adults residing in Canada. Further, the English text segment of the Sites will be considered authoritative for any discrepancies that may occur between the English and other language segments.
We want you to feel confident about sharing your personal information with us. In return, we hope you find our services and communication to be useful, timely, and relevant.
There are areas within the Sites where select information, such as your IP address (especially for national or international address locations), is necessary for the continued operation of the Sites. It may also include other types of more technical information such as browser history (pages accessed, date of access, location when accessed), but only when this information can identify you as an individual. There may be areas within the Sites where you voluntarily provide information, such as by completing an on-line survey or by requesting contact from us by way of providing your phone, fax, or email. Information you provide may include, for example, your name, birth date, address, e-mail address, purchase history, payment information, and other information. Further, your consent for participation may be expressed or implied, and may take the form of marking a response such as clicking on an “I Agree” icon.
By using the Sites, you consent to our necessary collection, use or disclosure of your personal information. It is our policy to collect personal information about individuals in accordance with the provisions of the Act. The Act deems that an individual has consented to our collection, use or disclosure of personal information about that individual if, at the time the consent is deemed to be given, the purpose would be considered obvious to a reasonable person. In such circumstances, we will collect, use or disclose personal information without obtaining a written or verbal consent to do so.
The Act also permits us to collect, use or disclose personal information about an individual in some circumstances without the individual’s consent. Those include (but are not limited to) circumstances in which:
- When the collection, use or disclosure of personal information is permitted or required by law;
- When the personal information is available from a public source (e.g., a telephone directory);
- When we require legal advice from a lawyer;
- For the purposes of collecting a debt;
- To protect ourselves from fraud; and
- To investigate an anticipated breach of an agreement or a contravention of law.
When we collect, use or disclose personal information, we will make reasonable efforts to ensure that it is accurate and complete.
Cookies and Automatic Systems
Cookies are electronic files that store information on your computer and are exclusively used for record-keeping purposes – we do not collect personally identifiable information in this process. Although not a specific requirement, we would recommend that you ensure that your web browser is set to accept cookies.
Other automatic systems may be used on the Sites (including web beacons, single pixel gifts or analytics engines) to keep a log of the pages our visitors spend time on. This allows us to understand your online behaviour, monitor our email delivery, and provide you with interest-based advertising. By doing so, we are able to collect aggregate data over a large number of visitors but not data that identifies an individual’s personal information. Visitor’s patterns can be statistically analyzed and this in term acts to supplement our market research efforts for providing better products and services.
We may use personal information to provide you with our products, programs and services, to manage our business operations and make hiring decisions, to communicate offers and information we think might interest you, to generally enhance your customer experience with us, and as otherwise permitted or required by law.
Information collected is not meant to be excessive and shall be used responsibly in accordance with the agreed intent. All information collected about you while at the Sites, will be held in confidence and shall be retained only as long as necessary for the fulfillment of the stated purpose of the original collection.
Who Has Access
Requests for Access to Personal Information
The Act permits you to submit written requests to us to provide you with:
- your personal information under our custody or control;
- information about how your personal information under our control has been and is being used by us;
- the names of the individuals and organizations to whom your personal information under our control has been disclosed by us.
We will respond to requests in the time allowed by the Act and will make a reasonable effort to assist you and to respond as accurately and completely as reasonably possible. All requests may be subject to any fees and disbursements the law permits us to charge.
An individual’s ability to access his or her personal information under our control is not absolute. The Act provides that we must not disclose personal information when:
- the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;
- the disclosure can reasonably be expected to cause immediate or grave harm to the safety or to the physical or mental health of the individual who made the request;
- the disclosure would reveal personal information about another individual;
- the disclosure would reveal the identity of an individual who has provided personal information about another individual and the individual providing the personal information does not consent to disclosure of his or her identity.
The Act further provides that we are not required to disclose personal information when:
- the disclosure of the personal information would reveal confidential commercial information that, if disclosed, could, in the opinion of a reasonable person, harm the competitive position of an organization;
- the personal information was collected without consent for the purposes of an investigation, and the investigation and associated proceedings and appeals have not been completed;
- the personal information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act: under a collective agreement, under an enactment, or by a court.
Conditions for Disclosure
Our Sites are not directed toward, nor do we knowingly collect any personal information from, children under 13.
Security – What Measures are Active
The Wilds has safeguards in place to keep your personal information accurate, complete, and up to date. We recognize our obligations to protect your confidential information and we have therefore made arrangements to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information.
Redress – Corrections / Opting Out
If you feel that the information we have collected is incomplete or inaccurate, The Wilds is willing to correct the omission or error upon verification that you are the person to whom the information applies. Notwithstanding the foregoing, The Wilds may decide not to correct the personal information, but annotate the personal information that a correction was requested but not made. Similarly, if you do not wish us to send you marketing materials – for example, if you buy a product from us and choose not to have supporting marketing materials sent – you can send us a letter or email, addressed to our Privacy Officer, requesting to be removed from our marketing list. (2281 Burrard ST, Vancouver BC, V6J 3H9)
If any word, term, or provision of this Policy is deemed invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Policy shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
This Policy shall be governed by, construed, and enforced in accordance with the laws of the Province of British Columbia, Canada (without regard to the conflicts or choice of law principles thereof). The parties irrevocably consent to the jurisdiction of British Columbia, Canada and agree that any court of competent jurisdiction sitting in British Columbia, Canada shall be an appropriate and convenient place of venue, and shall be the sole and exclusive place of venue, to resolve any dispute with respect to this Policy.
If a User signs up for The Wilds on the Sites, the User may choose to opt in to receive promotional email communications from The Wilds (“Email Communications”). The User may, at any time, opt-out of receiving Email Communications from The Wilds by adjusting the User’s profile settings in the User’s The Wilds account via (www.shopthewilds.com).
Copyright, Trademarks, and User License
Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the The Wilds and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the property of The Wilds or its licensors or users and are protected by domestic and international copyright, trademark and other laws. The Wilds , service marks, graphics, and logos used in connection with the Sites are trade names, trademarks, or registered trademarks of The Wilds . Other trademarks, service marks, graphics and logos used in connection with the Sites are the trademarks or registered trademarks of their respective owners (collectively “Third Party Marks”). The The Wilds and Third-Party Marks may not be copied, imitated, reproduced or used in any way, whether in text, image or other communication format, in whole or in part, without the prior written permission of The Wilds or the applicable trademark holder. The Sites and the Content are protected by copyright, trademark, patent, trade secret, international treaties, provincial and federal laws, and other proprietary rights and also may have security components that protect digital information only as authorized by The Wilds or the owner of the Content. All rights not expressly granted are reserved.
Subject to these Terms, The Wilds grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Sites for personal use only in accordance with these Terms (“User License”). Any use of the Sites in any other manner, including, without limitation, resale, transfer, modification, transmission, reuse, republication, reposting, translation, encoding, or distribution of the Sites, or any Site Materials for public or commercial purposes, or text, pictures, music, barcodes, video, data, hyperlinks, displays, its “look and feel” and arrangement, and other content associated with the Sites (“Content”) is prohibited. The data and information present on this Site are exclusively for your personal, private, and non-commercial use. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith These Terms and User License also govern any updates to, or supplements or replacements for, the Sites, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.
User’s use of the Sites, any Content, and any information provided by the User including user names and passwords, addresses, e-mail addresses, phone number, financial information (such as credit card numbers), or employer name (“User Information”) transmitted in connection with the Sites is limited to the contemplated functionality of the Sites. In no event may the Sites be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by The Wilds , (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access The Wilds or Content that is not authorized by The Wilds ; (f) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access The Wilds or Content; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to The Wilds ’s computer network or user accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair The Wilds ’s servers or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively “Acceptable Use”). The Wilds reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in the Sites, remove Content, or assert legal action with respect to Content or use of the Sites, that The Wilds reasonably believes is or might be in violation of these Terms, or The Wilds . The Wilds ’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
The Wilds does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is The Wilds liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.
If you become aware of User Content that you believe violates these Terms, you may report it by clicking on the "Report Abuse" or "Flag" links located just below each piece of User Content. Enforcement of these Terms, however, is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms. Although The Wilds has no obligation to screen, edit or monitor any of the User Content posted on the Sites, The Wilds reserves the right and has absolute discretion, to remove, screen or edit any User Content on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content, have the lawful right to distribute and produce such User Content, or otherwise have the right to grant the rights to The Wilds that you grant herein. The Wilds claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant The Wilds and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness provided in connection with such use of your User Content. By posting User Content, you hereby release The Wilds and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
Links to Sites
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for non-commercial purposes, provided such links do not portray The Wilds in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use The Wilds logo or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any The Wilds trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of The Wilds or any third party. The Wilds makes no claim or representation regarding and accepts no responsibility for, the quality, content, nature, or reliability of websites linking to the Sites. Such sites are not under the control of The Wilds and The Wilds is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
The User agrees to defend, indemnify, and hold harmless The Wilds , its parent, subsidiary and other affiliated companies, independent contractors, service providers, and consultants, and their respective employees, contractors, agents, officers, and directors (“The Wilds Indemnitees”) from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys’ fees) (“Claims”) that arise from or relate to the User’s use or misuse of the Sites, violation of these Terms, violation of any rights of a third party, any User Content or Ideas you provide, or your conduct in connection with the Sites. Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by The Wilds Indemnitee’s sole negligence. The Wilds reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
THE WILDS IS PROVIDING THE SITES TO THE USER “AS IS” AND THE USER IS USING THE SITES AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE WILDS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITES ARE MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITES BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITES WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE WILDS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WILDS ), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WILDS RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES.
YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Third-Party Content, Sites, Products and Services (including Advertising and Promotions)
The Wilds content, applications, products, and services, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by The Wilds ou acknowledge and agree that The Wilds is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content.
You agree to use such Third-Party Content contained therein at your own risk. When you visit other sites via Third Party Content or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You must comply with any applicable third-party terms when using the Sites.
Modifications to the Sites
The Wilds reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that The Wilds will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Governing Law and Jurisdiction
These Terms and use of the Sites are governed by the laws of Canada and the law of the Province of British Columbia applicable therein, without resort to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The User irrevocably consents to the exclusive jurisdiction of the courts in British Columbia, Canada for purposes of any legal action arising out of or related to the use of the Sites or these Terms.
By using the English version of the Sites, the parties acknowledge and agree that they have required that this Agreement be prepared in the English language. En utilisant la version anglaise de les sites, les parties reconnaissent avoir exigé que la présente convention soit rédigée en anglais.
Notwithstanding any of these Terms, The Wilds reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of the Sites. The Wilds ’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
The Wilds reserves the right to change or modify these Terms or any other The Wilds policies related to the use of the Sites at any time and at its sole discretion by posting revisions on the Sites. Continued use of the Sites following such changes or modifications to the Terms or other The Wilds policies will constitute acceptance of such changes or modifications.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.