Conditions d'utilisation

General Terms and Conditions
General terms and conditions of sale and delivery of Wild Ape Nutrition deposited at the Court of Commerce at Sint Maarten under number 30190.
SECTION 1. GENERAL
1.1. These terms and conditions apply to all offers and agreements on the purchase/sale of articles and/or assignments and services of Wild Ape Nutrition
1.2. Additions to or deviations from these terms and conditions must be agreed in writing and apply solely to that agreement for which they have been made.
1.3. The rights and duties arising from agreements between Wild Ape Nutrition. and the other party cannot be transferred by the other party to third parties unless Wild Ape Nutrition gives its written consent.
1.4. Wild Ape Nutrition does not accept any other general terms and conditions, including those of the other party, unless an alternative agreement has been concluded in writing and confirmed by Wild Ape Nutrition
SECTION 2. OFFERS
2.1. All offers are entirely free of obligation and are valid as long as stocks last. An offer which includes a deadline can nevertheless be withdrawn by Wild Ape Nutrition even after receipt of the order, provided that this is done within ten working days of receipt of that order.
2.2. In official lists or on the website information like quotations, other documents, stated quantities, weights, measures, prices and such are for information purposes only. Although all features of products are stated as accurately as possible, they only give an approximate indication and are not binding on Wild Ape Nutrition.
 
SECTION 3. AGREEMENTS
3.1. An agreement is not regarded as legally valid until Wild Ape Nutrition has confirmed the order in writing or has started to carry out the order. The content of the agreement is determined by the quotation and/or assignment confirmation from Wild Ape Nutrition and these general terms and conditions.
3.2. If, after the assignment is issued, another assignment is passed on, the originally agreed delivery date expires.
3.3. The other party and Wild Ape Nutrition. agree explicitly that a valid agreement is created through the use of electronic means of communication as soon as the terms and conditions set out in sections 3.1 and 3.2 are met. In particular, the absence of a signature takes nothing away from the binding force of the offer and the acceptance thereof.
3.4. There is no minimum order and all orders above $ or €100.00,- are shipped free of charge on the island of Sint Maarten. For orders below $ or €100 the other party always has the option to pick up the order locally. For any order for example outside of Sint Maarten we , Wild Ape Nutrition and the other party can always make a custom agreement towards the shipping fees and order finalization.
 



SECTION 4. PRICES
4.1. All quotations and prices issued by Wild Ape Nutrition are given in United States Dollar and include VAT and levies. Unforeseen levies could be extended to the other party and VAT or levies can be extended to the other party in case of shipping outside of Sint Maarten.
4.2. Delivery costs are not included in the price unless otherwise stated.
4.3. If, after the conclusion of the agreement, there is a change in the prices of materials, taxes, and/or other factors which partly determine the price of the goods, Wild Ape Nutrition is entitled to implement these price changes. Price changes of more than 10% give the other party the right to terminate the agreement, provided that the other party does so in writing within seven days of receipt of the notification in question. A termination as stated above does not give the other party any right to compensation for any loss.
SECTION 5. PAYMENT
5.1. With orders via the website it is possible to pay with the aid of the payment options stated on the site. The terms and conditions of the card issuer or bank in question apply to payments made using a credit card or electronic payment method issued by a third party. Payments by means of invoices, subject to explicit agreement, are made within seven days of the invoice date.
5.1.1 The accepted currency on the website is United States Dollar. In the case of cash on delivery we will accept European Euro besides the United States Dollar (USD).
5.2. The other party is in default de jure after the expiry of the payment deadline in subsection 1 of this section without notice of default being required, irrespective of whether or not the overrun can be attributed to the other party.
5.3. Without prejudice to its other due rights, Wild Ape Nutrition is then entitled to charge interest of 2% a month or a part of a month on the outstanding amount, starting from the expiry date in question.
5.4. All extrajudicial and judicial costs incurred by Wild Ape Nutrition within the context of a dispute with the other party, either as claimant or defendant, are charged to the other party.
5.5. Incoming payments serve as settlement for the oldest outstanding item and interest costs,  even if the other party states otherwise in this regard.
5.6 Reimbursing is primarily given in store credit or in the form of a voucher.
SECTION 6. COOLING-OFF PERIOD AND CANCELLATION
6.1. The other party has the right to a cooling-off period of 30 days after the delivery of the product if the other party is a consumer and provided that the packaging is not broken. This right also ceases if the product is put to use, opened, any labels or tags are removed or if the product has a fixed expiration date. Companies are excluded from this right pursuant to the Distance Selling Act 2001. The other party (consumer) may return a product within the period mentioned above, and in such a case the other party has to pay the return postage costs. Products in sale are not taken back.
6.2. Terms and conditions for the right of return: The product must not be used, opened or damaged. It has to be returned undamaged, complete, and in the original packaging, including sealing, labels and tags.
6.3. If the other party exercises the right of withdrawal as stated in the previous subsection and returns the product to Wild Ape Nutrition. unused, unopened, undamaged, in the original packaging together with any supplied accessories, and without any wear and tear, Wild Ape Nutrition will reimburse the other party within 30 days of receipt.
6.4. In the event of cancellation by companies, all costs incurred by Wild Ape Nutrition in the context of the order or assignment together with the loss of profit can be claimed immediately, with a minimum of 10% of the principal sum plus as far as necessary, any loss suffered by Wild Ape Nutrition. as a result of the cancellation.
SECTION 7. DELIVERY DATE, DELIVERY, AND RISK
7.1. In principle, Wild Ape Nutrition makes every effort to ensure that orders placed on a working day are shipped that next day. The actual delivery date may vary depending on the location of the order. The delivery date in the agreed offer and/or assignment confirmation, as the case may be, does not constitute a strict deadline and is stated merely as an approximate indication, even if the other party explicitly accepts this delivery date. Wild Ape Nutrition will, of course, try to immediately inform the customer if any shipping is shortened or lengthened.
7.2. If the other party is not at home or at the agreed location at the time span of delivery, the goods are offered once more. If again the other party is unable to follow the agreement, we can invoice shipping fees. 
7.3. Different terms and conditions may apply to deliveries abroad.
7.4. The stated or agreed delivery date is extended automatically, but not exclusively, for the period(s) during which:
- There is a delay in the manufacture and/or shipment and/or any other circumstance temporarily affecting the execution, irrespective of whether or not this can be attributed to Wild Ape Nutrition.
- The other party falls short in one or more of its duties towards Wild Ape Nutrition or there is a well-founded fear that it will fall short, irrespective of whether or not the reasons for this are well-founded.
- The other party makes it impossible for Wild Ape Nutrition to carry out the agreement; this situation arises, for example, if the other party fails to announce the place of delivery.
7.5. The other party must take possession of and check the goods purchased from Wild Ape Nutrition. If the other party refuses to take possession of these goods or if it emerges that delivery is not possible, Wild Ape Nutrition will store the goods at the expense and risk of the other party. The other party is charged for the storage. Wild Ape Nutrition will make a specific performance claim, but it reserves the right to terminate the agreement without recourse to the courts and without prejudice to its right to compensation.
7.6 If it is not possible to deliver an order through the fault of the client (e.g. wrong address/wrong name/not collected at the agreed location), we will charge a contribution varied on the needed time and help provided by the other party to solve the matter.
7.7 Orders placed with the payment option of cash on delivery have to completed as in picked up and paid for at the agreed location within seven days. In special cases this time span can be lowered to five days due to items being low on stock or items in special sale.

SECTION 8. EXECUTION OF THE AGREEMENT
8.1. Wild Ape Nutrition  will execute the agreement to the best of its discretion and ability and in accordance with high standards.
8.2. Wild Ape Nutrition is entitled to subcontract the assignment, or parts of it, or to have the assignment, or parts of it, carried out by third parties not employed by Wild Ape Nutrition and all this without the consent of the other party.
8.3. The other party is responsible for ensuring that all details, which Wild Ape Nutrition states are necessary for the execution of the agreement or which the other party ought reasonably to realize that they are necessary, are given to Wild Ape Nutrition on time. If the details required for the execution of the agreement are not given to Wild Ape Nutrition  on time, Wild Ape Nutrition has the right to suspend the execution of the agreement.
SECTION 9. GUARANTEE/COMPLAINTS
9.1. Wild Ape Nutrition guarantees that all items are suitable and legally permissible for the purposes for which they are intended and that they are in conformity with the agreed specifications. Wild Ape Nutrition never offers medical advice nor will any ‘claim’, ‘statement’ or ‘advice’ on our information or products be interpreted as medical advice.
9.2. With due observance of the provisions set out elsewhere in these terms and conditions, Wild Ape Nutrition is responsible for the reliability and quality of the products which it supplies. If a product should happen to be unfit for use due to damage during the shipment or if it does not correspond to what has been ordered, the other party has the option of returning this product. The cost of returning articles is always charged to the other party.
9.3. The guarantees regarding the supplied items and ingredients lie with the manufacturer of the articles in question.
9.4. The other party is obliged to read the manufacturer’s instructions and advice, which are included with the products, before using the supplied products. The other party should always do its’ own research and consult a doctor or specialist if needed or if in any doubt. Wild Ape Nutrition will not be held liable for any issues regarding allergies, health issues after using any of our products or in case of choking hazard.

9.5. It is not possible to lodge a complaint if:
- The supplied items show one or more imperfections or anomalies which fall within a reasonable tolerance.
- The items are used for another purpose than that for which they are normally intended or in the view of Wild Ape Nutrition the items have been used, stored, or transported improperly.
- The damage has been caused by negligence on the part of the other party or because the other party has acted contrary to instructions, directions, and advice given by Wild Ape Nutrition
- The other party has not fulfilled its duties towards Wild Ape Nutrition. (both financially and otherwise).
9.6. If the other party lodges a written complaint within five days of receipt and with due observance of what is stipulated in the agreement concerned and these general terms and conditions, and Wild Ape Nutrition. finds that this complaint is well-founded, Wild Ape Nutrition will decide at its discretion either to replace all or some of the faulty items (the replaced items then become its own property) or to grant a reduction in price.
9.7. The submission of a complaint does not suspend the other party’s obligation to pay.
9.8. If consideration is given to a complaint outside the cases specified above, this is done entirely voluntarily and the other party cannot derive any rights from it.
SECTION 10. INSPECTION
Wild Ape Nutrition inspects all items before delivery. If any question arises about the inspection of a delivery, please contact us beforehand.
SECTION 11. BREACH/TERMINATION/SUSPENSION
11.1. Wild Ape Nutrition is entitled to terminate the agreement fully or partially with immediate effect and without recourse to the courts or to suspend the execution thereof, without prejudice to its other due rights (to observance and/or compensation), if:
- The other party acts contrary to any stipulation in the agreement between the parties.
- The other party passes away, asks for a suspension of payment, or issues a winding-up statement, or if a winding-up petition is filed or if any of the other party’s assets are seized.
11.2. The stipulations in subsection 1 of this section apply equally if the other party fails, in the view of Wild Ape Nutrition to provide suitable assurances within seven days of being invited to do so in writing.
SECTION 12. RESERVATION OF OWNERSHIP
12.1. Supply by cash on delivery is carried out under reservation of ownership and the product becomes the property of the other party on full payment.
SECTION 13. LIABILITY
13.1. Wild Ape Nutrition is not liable for damage arising as a result of any shortcoming in the fulfilment of its obligation(s) towards the other party. The fulfilment of the guarantee/complaint obligations as specified above in section 9 are considered to be the sole and exclusive form of compensation. Any other claim for compensation for whatever reason is excluded unless there is deliberate or gross negligence on the part of Wild Ape Nutrition or its managerial staff.
13.2. Wild Ape Nutrition is also not liable for malice or (gross) negligence on the part of (non-managerial) staff or others whose services it has engaged in the context of the execution of the agreement.
13.3. Wild Ape Nutrition  does not accept any liability for advice given by itself or on its behalf.
13.4. The other party must always give Wild Ape Nutrition the opportunity to settle a complaint. Otherwise the claim for liability and the compensation is cancelled. We always strive to come to a fair result in any matter.
SECTION 14. CIRCUMSTANCES BEYOND ONE’S CONTROL
14.1. These general terms and conditions define circumstances beyond one’s control as any circumstance outside the will and through no fault of Wild Ape Nutrition, irrespective of whether or not this circumstance was foreseeable when the agreement was concluded, as a result of which Wild Ape Nutrition cannot reasonably be expected to execute the contract. Such circumstances include war, government measures, pandemics, lack of (raw) materials, any disruptions whatsoever to manufacture or transport, strike action, exclusion of shortage of staff, quarantine, epidemics, time lost through frost or harsh weather like hurricanes/tornadoes/storms , shortcomings on the part of third parties whose services Wild Ape Nutrition has engaged for the purpose of the execution of the agreement (such as late deliveries by suppliers), etc.
14.2. Circumstances beyond one’s control give Wild Ape Nutrition the right either to terminate the agreement fully or partially or to suspend the fulfilment of its duties without being bound to pay compensation. The other party is still bound to pay for the part of the agreement already completed.
SECTION 15. PERSONAL DATA
Wild Ape Nutrition will process all data and information from the other party solely in compliance with applicable data protection laws, like the GDPR.
Inquiries about personal data or data subject rights can be send to info@mywildape.com and will be conducted with a privacy data officer.
SECTION 16. PARTIAL NULLITY
If any of the stipulations in this agreement with the other party are not legally valid or only partially legally valid, the other stipulations remain entirely in force. The invalid stipulations will be replaced by a suitable and valid ruling, which equates legally and effectively as closely as possible to the intention of the parties and the economic result for which they strived.
SECTION 17. PLACE OF OBSERVANCE, APPLICABLE LAW, AND AUTHORIZED JUDGE
17.1. The business residence of Wild Ape Nutrition is the place where the other party has to fulfil its duties towards Wild Ape Nutrition unless this is opposed by compulsory stipulations.
17.2. All offers and agreements of Wild Ape Nutrition. are governed solely by Dutch law. 
17.3. Any disputes which arise from the agreement concluded between the other party and Wild Ape Nutrition  or from further agreements which might result from it will be resolved by the judge authorized to that end.

OVERVIEW
This website is operated by WildApe. Throughout the site, the terms “we”, “us” and “our” refer to WildApe. WildApe offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall WildApe, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless WildApe and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Sint Maarten.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@mywildape.com
Our contact information is posted below:

info@mywildape.com