TERMS & CONDITIONS | The Wild Exchange

TERMS AND CONDITIONS

These Terms of Use (“Terms”) are applicable to all Subscribers and Attendees of The Wild Exchange including attendees of in person and online classes and events, and subscribers of Nature Mail subscription box which is operated by The Wild Exchange. We reserve the right to modify and update these Terms at any time without prior notice. It is your responsibility to periodically review the Terms. By utilising our website and services, and subscribing to our offerings, you agree to be bound by these Terms, in addition to any and all general Terms and Conditions regularly posted on our website.

DEFINITIONS

Content: Encompasses all materials, links, words, images, and any products or services submitted or linked to the website.
Services: Refers to our in person classes and events, as well as our online monthly subscription box service, delivering a selection of nature play resources to the Subscribers’ homes on a regular basis.
Subscriber: Denotes an individual subscribed to the Services on this website.
the website: Refers to www.thewildexchange.com
Attendee: Refers to any participant, whether parent, guardian, educator, or in some instances, children, that books in/attends an in person or online class or event through www.thewildexchange.com
We,” “our,” and “us”: Signify www.thewildexchange.com, inclusive of directors, employees, contractors, and affiliates.
You: Represents the Attendee or Subscriber to any of our Services, or visitor to our website.

ACCESS

To access our subscription provided products or services, you are required to register and pay the subscription fee in advance. You must complete the online form with the necessary registration details, pay the subscription fee in advance, or provide payment details for the relevant subscription plan.

By providing your credit card details, you authorise us to automatically deduct the monthly subscription fee from your credit card or nominated payment method at the beginning of each billing cycle, unless either party cancels the subscription following the below Cancellation terms.

AGREEMENT FOR SUBSCRIPTION SERVICES

To qualify for subscribing to our website Services, you acknowledge and agree to the following:

You shall not share your password or login details with any other individual, ensuring your contact, payment, and other information is kept up-to-date.
You warrant the accuracy and truthfulness of all information provided, ensuring it remains current and up-to-date.
We consistently adhere to Australian Privacy legislation. Refer to our complete Privacy Policy on our website for details regarding the collection, storage, and use of your personal information.
Transfer, sublicense, or granting access to any of our Services to others is prohibited unless agreed upon in these Terms.
Consumables: In person classes and Subscription box contents may include food, or other consumable products (“Consumables”). If you have allergies or medical concerns related to certain foods, promptly contact your healthcare provider. It is your responsibility to check the ingredients listing before consumption. Consuming any contents is done at your own risk.
Small parts: While all in person classes are facilitated by trained professionals who carefully monitor the safety of children in their participation of all activities, Subscribers of Nature Mail subscription box are solely responsible for ensuring the safe participation of children. Subscription boxes offer age recommendations and may include some small parts that could post a risk of choking if consumed. Subscribers should use discretion when purchasing for their child given the developmental stage of the child, and should supervise the participation of activities included in each box at all times.
Variations: Some subscription boxes may occasionally contain variations in contents, products, or the number of items. While efforts are made to ensure they closely match our images or descriptions, variations may occur. Unavailable products will be replaced with similar items of comparable value.

DELIVERY

We dispatch our subscription boxes to the address specified in your profile on the designated dates as indicated. Please ensure any alterations to your address are made at least 7 days before your upcoming delivery date and updated in your profile. Any expenses related to redelivery, redirection, or other delivery discrepancies due to non-compliance with our terms and address change requirements are your responsibility.

Our Services employ third-party Australia Post for deliveries. If you are unavailable to receive the delivery, we recommend coordinating directly with the courier for proper receipt. If you have instructed the courier or another third party to leave the delivery, we do not assume responsibility for any loss, theft, absence, or non-receipt of the delivery.

Please refer to our shipping policy for further information.

CANCELLATIONS AND REFUNDS

CLASS OR EVENT CANCELLATIONS:

Cancellations for in person or online classes, programs or events can be made up to 72 hours prior to the first class or workshop for a full refund. If you are unable to make a class during a term, we cannot offer a refund, however we may be able to allow you to switch days within the same week if there is availability. Please contact us immediately if you need to cancel or reschedule a booking and we will arrange on a case by case basis.

If a session is cancelled by The Wild Exchange due to unsafe weather conditions or other unforeseeable circumstances, you will be offered a make-up class, a credit toward future bookings, or a refund for the amount of the cancelled class.

SUBSCRIPTION CANCELLATIONS:

You can cancel your subscription by logging into your account on our website and initiating cancellation in the account settings. Alternatively, you may email us directly at hello@thewildexchange.com to request cancellation.

Please provide notice of cancellation at least 7 days before your payment date to avoid charges for the upcoming billing period. Failure to notify us within this timeframe will result in the additional monthly fee being charged, and the box will be delivered for that month.

Cancellation of prepaid Annual Subscriptions is applicable only at the conclusion of the subscription period. You will receive an email before the end of the term, confirming the renewal of the prepaid subscription. If you wish to cancel, please notify us 7 days before the scheduled payment date to avoid charges, and to avoid the boxes being delivered monthly for the duration of the subscription period.

RETURNS AND REFUNDS:

Subscriptions: In the event that The Wild Exchange cancels or cannot fulfill your subscription box order, a full refund of the subscription price paid will be provided for any unsent subscription boxes.

Products: If any item you purchase from The Wild Exchange (including individual items in subscription boxes) is faulty, inaccurately described, or unreasonably differs from the sample shown, we will fulfill our legal obligation. This may involve refunding the purchase price and delivery charges, or supplying a replacement product, provided the item is returned within 30 days with proof of purchase. Please note that if we are unable to replace a returned item (especially in cases where the item is a sample from a subscription box), we will offer a similar item of equal value.

For refund or replacement requests, please email hello@thewildexchange.com and reference the order number and reason for the return. Additionally, provide photographic evidence of any visible damage to the item/s. If a return is required, The Wild Exchange will cover the costs of all domestic return shipping.

TERMINATION OF SUBSCRIPTION:

We retain the right to terminate your subscription at any time, for any reason. You acknowledge and agree that we may, at our sole discretion, terminate or suspend your access to the website, with or without notice and for any reason, including, but not limited to, a breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may result in the termination of your relationship, and such matters may be reported to the appropriate law enforcement authorities.

Upon such termination, irrespective of the reasons, your right to use the website ceases immediately. You acknowledge and agree that we may promptly deactivate or delete your account, along with all related information and files. Further access to our website may be barred. We shall not be liable to you or any third party for any claims or damages arising from the termination or suspension, or any other actions taken by us in connection with such events.

Refunds, if any, are not obligatory upon termination of your subscription and may be determined at our sole discretion.

We reserve the right to disclose your name and other personal details to any law enforcement or relevant authority or to any person for legal proceedings, prosecution, investigation, or any breach or alleged breach of the law or these Terms.

LIABILITY

LIMITATION OF LIABILITY:

By utilising our website and Services, you agree and recognise that we bear no responsibility for any direct, indirect, consequential, or incidental loss or damage arising from your interaction with our website, Services, or the information presented on it or linked to it. For absolute clarity, under no circumstances will we be accountable for consequential, indirect, incidental, or special damages, including loss of revenue, profits, business interruption, or data usage, even if the potential for such loss was communicated to us.

This liability limitation encompasses any trust placed by you in the website’s information, access to or inability to use the website. Your use or reliance on this Service is undertaken at your own risk, and we disclaim any liability for such use. While we strive to maintain the website’s accuracy and currency, we provide information for your informational purposes and based on our own analysis, making no representations or warranties of any kind, express or implied, regarding completeness, accuracy, reliability, suitability, or availability concerning the Services for any specific purpose.

AUSTRALIAN CONSUMER LAW (ACL):

Certain legislation, including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and analogous consumer protection laws, may grant you rights, warranties, guarantees, and remedies related to the provision of Services by us to you, which cannot be excluded, restricted, or modified (Statutory Rights).

Our liability is governed solely by the ACL and these Terms. We disclaim all conditions and warranties implied by custom, law, or statute, except for your Statutory Rights. Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied, and we explicitly disclaim all warranties, including but not limited to implied warranties that the Services will be provided with due care and skill and fitness for a particular purpose.

When your Statutory Rights apply, to the extent possible, our liability concerning any claim is limited to, at our discretion:

The supply of any services again; or
The payment of the cost of having any services supplied again.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

GOVERNING LAW

These Terms of Use are subject to the laws of Queensland from which we operate, which are applicable at any given time. Both you and we mutually consent to the exclusive jurisdiction of the Courts of Queensland for the resolution of any disputes pertaining to these Terms.