Terms and Conditions

Welcome to www.thewildtimes.com website. In these terms and conditions, when we say the "Wild Site" we mean the digital information network operated by or on behalf of Wild Times Futures Ltd or its parent companies, subsidiaries and affiliates (collectively "Wild Times Futures Ltd"), regardless of how you access the network, as well as any Wild Times Futures Ltd apps whether you access those via a Wild Site or a third party site. However you access the Wild Site, you agree to be bound by these terms and conditions. If you have accessed the Wild Site from the United States or Australia, you also agree to be bound by additional terms contained at the end of these terms and conditions.

1. Registration.

You may access areas of the Wild Site that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers that you choose and all activities that occur under your account.

By registering on the Wild Site, you agree that:

  1. your account and password are personal to you and may not be used by anyone else to access the Wild Site;
  2. you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Wild Site; and
  3. you will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user. You agree to notify us immediately if you become aware of any unauthorised use of your password or account identifiers by others.

2. Termination of registration.

If you no longer wish to have a registered account, you may terminate your account by sending an email to delete@thewildtimes.com. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Wild Site. Continued use of the Wild Site indicates your continued acceptance of these terms and conditions.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of Wild Site immediately and without prior notice.

We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

3. Use of material appearing on the Wild Site.

Your use of the Wild Site is for your own personal and non-commercial use only. You acknowledge that, as between The Wild Times / Wild Times Futures Ltd and you, except for user content and advertisements (as discussed below), The Wild Times / Wild Times Futures Ltd is the sole owner of all content on the Wild Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Wild Site ("Wild Content"). The Wild Site and the Wild Content are protected by the copyright laws and other intellectual property laws of the United Kingdom, the United States and Australia and are protected globally by applicable international copyright treaties.

You may download and print extracts from the Wild Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Wild Content for any other purpose without our prior written approval. Except as expressly authorised by the Wild, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Wild Site.

If you wish to use our content other than as permitted by these terms and conditions, please contact us at legal@thewildtimes.com.

For all other inquiries about distribution or reproduction of the materials, please contact legal@thewildtimes.com.

4. Disclaimer of liability.

To the extent permitted at law, we do not accept any responsibility for any statement in the Wild Content. Nothing in the Wild Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Wild Content or any part of it. You can access other sites via links from the Wild Site. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the Wild Site or the Wild Content. In particular, we do not warrant that the Wild Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the Wild Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

If you are accessing the Wild Site from the United States or Australia, the additional disclaimers and limitations of liability in Sections 16 and 17 and apply.

5. Third party advertising on the Wild Site.

You will see advertising material submitted by third parties on the Wild Site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

6. User content.

Users of our site may be permitted to submit content for publication in various areas of the Wild Site. You will be deemed to consent these terms and conditions, if you choose to post any content or comments to the Wild Site.

When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Wild Site.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.

You acknowledge and agree that when you post content on the Wild Site or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Wild Times Futures Ltd, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Wild Site.

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.

We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Wild Site to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Wild Site or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Wild Site, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Wild Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

You understand that the technical processing and transmission of the Wild Site may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. Wild Times Futures Ltd assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Wild Site.

If you are under 16, you confirm that you have permission of your parent or guardian to submit content.

Any queries regarding copyright and your content should be directed in the first instance to legal@thewildtimes.com.

6A. Wild Community Pages.

A Wild Community Page is a page created for an individual, organisation, brand or other entity (place or organisation). It may be accessed by registered and non-register users to the Wild Site.

Only authorised representatives may administer a Page for a brand, entity (place or organization), or public figure. Any registered user may create a Page to express support for or interest in a brand, entity (place or organisation), or public figure, provided that it is not likely to be confused with an official Page or violate someone's rights. Content posted to a Page is public and viewable by everyone who can see the Page.

Page names must accurately reflect Page content. We may remove administrative rights or require you to change the Page name for any Page that fails to meet this requirement.

Page names must:

  1. not consist solely of generic terms (e.g., “beer” or “pizza”);
  2. use proper, grammatically correct capitalization and may not include all capitals, except for acronyms;
  3. not include character symbols, such as excessive punctuation and trademark designations; and
  4. not include superfluous descriptions or unnecessary qualifiers.

If you collect content and information directly from users, you will make it clear that you (and not Wild Times Futures Ltd) are collecting it, and you will provide notice about and obtain user consent for your use of the content and information that you collect. Regardless of how you obtain content and information from users, you are responsible for securing all necessary permissions to reuse their content and information. You will not collect users' content or information, or otherwise access the Wild Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

You are responsible for ensuring that any offers or promotions on your Wild Community Page comply with these terms and all applicable laws, rules and regulations. Offers and promotions are subject to many regulations (such as lotteries, alcohol discounts and offers marketed to minors) and if you are not certain that your offer or promotion complies with applicable law, consult with an expert. All offers and promotions on a Wild Community Page must include an acknowledgment that the promotion or offer is in no way sponsored, endorsed or administered by, or associated with, Wild Times Futures Ltd.

By creating and editing a Wild Community Page you confirm and provide a warranty that the content on your Page complies with these terms and does not breach any applicable laws, rules and regulations. Wild Times Futures Ltd reserves the right to reject or remove a Wild Community Page for any reason without notice.

7. Apps.

You may download certain Wild Times Futures Ltd apps ("Apps") either from Wild Sites or from third party app stores or shops. All of these terms apply to the maximum extent relevant to your use of the Apps (and in particular, the terms of section 6 apply where you are using an App to submit user content to the Wild Sites).

In addition to the limitations on our liability set out in Section 4, 16 and 17, we shall not be liable for any damage caused to or interference with any equipment or other Apps or content of any description.

8. Data protection.

Wild Times Futures Ltd collects different types of information about our users for four main reasons:

  • 1. To provide personalised services unique to individual users.
  • 2. To help us to monitor and improve the services we offer.
  • 3. To sell advertising space on the site. This helps us to keep the site free of charge.
  • 4. With user consent, to market services to individual users.

Our principles.

1. We do our utmost to protect user privacy through the appropriate use of the security technology. This means:
- we ensure that we have appropriate physical and technological security measures to protect your information.
- we ensure that when we outsource any processes that the service provider has appropriate security measures.
2. We will respect your privacy. You should receive marketing emails only from Wild Times Futures Ltd and, if you choose, from carefully chosen third parties. It will be made clear to you where you have these choices, for example, tick boxes will let you decide whether you wish to receive marketing. We may, however, email you occasionally with information or queries about your registration, your subscription account or postings, for example, with reminders, warnings or copyright requests.
3. We will collect and use individual user details only where we have legitimate business reasons and are legally entitled to do so.
4. We will be transparent in our dealings with you as to what information about you we will collect and how we will use your information.
5. We will use personal data only for the purpose(s) for which they were originally collected and we will ensure personal data are securely disposed of.
6. Our site is accessible via the Internet. This means that, wherever you choose to post your data on the site, they can be accessed from anywhere around the world.
7. Where we or our service providers transfer data out of the European Economic Area (EEA) this is only ever done with the relevant protections required by UK law being in place.

How we use your information / What information do we collect?

We collect information on our users through registration and use of the website, through cookies, where you choose to disclose data in postings, and when you enter sales promotions and competitions ("sales promotions").

Certain services that we provide may involve the collection by us of additional information, such as your geographic location from time to time, to enable the service to be provided as designed. In particular, this may apply to certain Apps that you download, or which we provide.

Registration.

The minimum information we need to register a user is an email address, password, public profile display name, public username URL, date of birth, country (and region for UK registrants). We will ask further questions for different services, including sales promotions. Unless stated, all registration questions are compulsory.

We may also ask some further, voluntary questions during registration for certain services (for example, Professional Networks) so we can gain a clearer understanding of our users. This also enables us to personalise services for our users.

Following registration you may be sent regular editorial emails from the The Wild Times / Wild Times Futures Ltd. You will be able to unsubscribe from these at any time.

Logging in using social networking credentials.

If you log-in to our sites using a Facebook log-in as a means of authentication you grant permission to Facebook to share your user details. This will include your name, email address, date of birth and location which will then be used to form a 'The Wild Times / Wild Times Futures Ltd' Identity, and you may use your picture from Facebook as part of your profile. Authenticating also permits the sharing of your gender, networks, user ID and any other information you choose to share according to your Facebook account settings. If you remove the The Wild Times / Wild Times Futures Ltd app from your Facebook settings, our access to this additional information will cease.

If you log-in to our sites using a google log-in as a means of authentication you grant permission to google to share your user details. This will include your name, email address, date of birth, gender and location which will then be used to form a The Wild Times / Wild Times Futures Ltd Identity, and you may use your picture from google as part of your profile. Authenticating also permits the sharing of your networks, user ID and any other information you choose to share according to your google account settings. If you remove the The Wild Times / Wild Times Futures Ltd from your google settings, our access to this additional information will cease.

If you log-in to our sites using a twitter log-in as a means of authentication we receive your avatar and twitter username.

Use of children's data.

The Wild Times / Wild Times Futures Ltd does not knowingly collect or store any personal information about children under the age of 16.

Updating your personal information.

We offer a 'My Wild' page where you can update your personal information at any time, and change your marketing preferences. You can get to this page from most pages on the site - simply click on the 'My Wild' link in the top header of the screen when you are signed in.

Who we share data with.

We will not share your personal information with others for marketing purposes unless you have given us your permission. With your permission we will share your information only with carefully chosen third parties. Information collected by third party operators themselves is governed by their own privacy policies.

Please note that we reserve the right to access and disclose personal data to comply with applicable laws and lawful government requests, to operate our systems properly and to protect both ourselves and our users.

Any third parties who access your data in the course of providing services on our behalf are subject to strict contractual restrictions to ensure that your data is protected, and in compliance with applicable data protection/privacy legislation. We may also independently audit these service providers to ensure that they meet our standards. We may use service providers to help us run these site or services available on the sites, some of whom may be based outside the EEA.

Some The Wild Times / Wild Times Futures Ltd webpages use plugins from third party platforms (such as the 'Facebook Recommend' function). Information about your visit to The Wild Times / Wild Times Futures Ltd websites may be collected by these third party providers on these pages. If you browse these pages whilst still also logged in to your account on the third party platform, information collected by the third party may be connected to your account on the third party platform. For more information on how these third parties use information, please read their privacy policies.

Use of Cookies.

We use cookies for a number of reasons:

  • 1. For statistical purposes to track how many individual unique users we have and how often they visit our websites. We collect data listing which of our pages are most frequently visited and by which types of users and from which countries.
  • 2. We use third parties to collect anonymous user information, sometimes through cookies and web beacons.
  • 3. The Wild Times / Wild Times Futures Ltd and third party advertisers will generate statistical cookies to track advertising impressions and conversions.
  • 4. Placing cookies on your computer means we can serve you adverts that you might be more interested in, and allows us to control the number of times you see them and measure how effective the ad campaign has been. This helps us to keep the site free of charge.
  • 5. Flash cookies may be used to store user preferences for media player functionality and without them some video content may not render correctly.
  • You can turn cookies off but if you do this you may not be able to use all services on our websites and you might see more pop-ups and other intrusive advertising, as we won't be able to limit what you see using cookies. You will, however, still be able to view editorial content.
  • 6. The Wild Times / Wild Times Futures Ltd and/or third party companies may use cookies to suggest and deliver content which we believe may be of interest to you.

By using the site you are agreeing to the use of cookies as described.

Legal information and how to contact us.

For the purposes of the UK Data Protection Act 1998, the Data Controller for the Wild Site is Wild Times Futures Ltd, NWN, 7 Bourne Court, Southend Road, Woodford Green, Essex, IG8 8HD. Company Registration Number: 08669314. (This address is NOT for any editorial enquiries, please refer to about us / contact us section for details).

If you would like to obtain a copy of the personal data we hold on you, or have any queries regarding Wild Times Futures Ltd' use of personal data please contact the Data Protection Manager at the above address, or by email to legal@thewildtimes.com.

9. Changes to these terms and conditions of use.

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the Wild Site. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Wild Site after it has been posted.

10. Governing law & jurisdiction (except for US users).

These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts, provided that use of the Wild Site in the United States is governed by Section below entitled "Governing law & jurisdiction (for US users)".

11. Indemnification.

You agree to defend, indemnify, and hold harmless The Wild Times / Wild Times Futures Ltd, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

12. No waiver.

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of The Wild Times / Wild Times Futures Ltd.

Additional terms of use for users in the United States and Australia.

13. Additional restrictions on user content for US users.

In addition to section 6 the terms in Section above, you agree not to use the Wild Site to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).

14. DMCA notice for US users.

If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Wild Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA") by providing our designated copyright agent with the following information in writing:

  1. identification of the copyrighted work or works claimed to have been infringed;
  2. identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  3. your contact information including name a address, telephone number, and, if available, an email address;
  4. a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
  5. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. your physical or electronic signature;

The Wild Times / Wild Times Futures Ltd's designated copyright agent to receive notifications of claimed infringement is: legal@thewildtimes.com. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

15. Governing law & jurisdiction (for US users).

If you have accessed the Wild Site from the US, these terms and conditions are governed by the laws of the United States of America and the laws of the State of New York. You agree that exclusive jurisdiction for any claim or dispute with The Wild Times / Wild Times Futures Ltd or relating in any way to your use of the Wild Site resides in the courts of the County of New York, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of New York, State of New York, in connection with any such dispute and including any claim involving The Wild Times / Wild Times Futures Ltd or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the Wild Site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.

16. Additional disclaimers.

Visitors to the Wild Site agree that their use of the Wild Site is at their own sole risk. The Wild Site is provided "as is" and "as available," without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Wild Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. The Wild Times / Wild Times Futures Ltd also makes no representations and warranties as to any linked sites and The Wild Times / Wild Times Futures Ltd has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Wild Site may represent the opinions and judgments of providers or users, such as user content. The Wild Times / Wild Times Futures Ltd and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Wild Site by anyone other than authorised The Wild Times / Wild Times Futures Ltd employees acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by the Wild Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Wild Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. The Wild Times / Wild Times Futures Ltd does not warrant or guarantee that access to the Wild Site will be uninterrupted or error-free.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

17. Limitation of liability.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL WILD TIMES FUTURES LTD OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND ("LOSS") ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WILD TIMES SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WILD SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF WILD MUSIC SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, WILD TIMES FUTURES LTD'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING WILD TIMES FUTURES LTD'S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

18. Exclusion of warranties (for Australian users).

The Australian Consumer Law may confer certain rights and remedies on you in relation to the provision by The Wild Times / Wild Times Futures Ltd of goods and services under these terms and conditions. Notwithstanding the disclaimers and limitations of liability in Sections 4, 16 and 17 above, these terms and conditions do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would: (i) contravene the relevant statute; or (ii) cause any part of these terms and conditions to be void and/or unenforceable ("Non-Excludable Obligation").

Except in relation to Non-Excludable Obligations, all conditions, warranties and other provisions implied or conferred by statute, custom, or the general law that impose any liability or obligation on The Wild Times / Wild Times Futures Ltd are expressly excluded under these terms and conditions.

19. Non-Excludable Obligations (for Australian users).

In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not so limited under these terms and conditions), The Wild Times / Wild Times Futures Ltd's liability to you for a failure to comply with any Non-Excludable Obligation is limited to: (i) in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; and (ii) in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.