Terms of Service
Last updated: April 1, 2026
Wild TV App Subscriber Agreement
September 30, 2021
Welcome to the Wild TV App, an online video streaming service that allows users to select from a variety of live and on-demand programming options, including certain audio, graphics, photos, text, special features, television programs, clips and other video content, which is made available to you by Wild TV Inc. (“Wild TV”) over the Internet at https://www.wildtvplus.ca or through certain Internet-connected computers and other compatible devices, all as further described on our website at www.wildtvplus.ca (the “Wild TV App Service”).
By using the Wild TV App Service, or any of the content, products or services which may be made available to you via the Wild TV App Service, you agree to be bound by these terms and conditions, which may be modified by Wild TV from time to time as described in this subscriber agreement (collectively, the “Subscriber Agreement”). We suggest that you print a copy of this Subscriber Agreement for your records. If you do not agree with this Subscriber Agreement, you may not use the Wild TV App Service or any of the content, products or services which may be made available to you via the Wild TV App Service. We may periodically amend any portion of this Subscriber Agreement. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Wild TV App Service and, where required by law, the notice will set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. If you do not agree to any change to this Subscriber Agreement, you must discontinue using the Wild TV App Service. Where required by law, you may refuse the modification and cancel the Wild TV App Service without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force if the change results in increased obligations to you or a reduction of obligations on us.
References to “you” and “your” in this Subscriber Agreement are to you and anyone who uses the Wild TV App Service through your registered account. You must inform anyone who uses the Wild TV App Service through your account of this Subscriber Agreement and obtain their agreement to this Subscriber Agreement before allowing them to use the Wild TV App Service through your account. References to "we”, ”us", our” in this Subscriber Agreement are to Wild TV.
Please read this Subscriber Agreement carefully before using the Wild TV App Service.
This Subscriber Agreement will govern your use of the Wild TV App Service.
(Not applicable to Quebec residents) To the fullest extent permitted by applicable law, any dispute between you and us, except for small claims, is subject to a class action waiver and must be resolved by individual binding arbitration. Please read the arbitration provision in this Subscriber Agreement as it affects your rights under this contract.
List of Sections
1. User Eligibility and Registration
2. Subscription Terms
3. Copyright License Grant and Restrictions
4. Usage Terms
5. Use and Sharing of Certain Information
6. Suspension and Termination
7. Binding Arbitration and Class Action Waiver
8. Additional Provisions
1. USER ELIGIBILITY AND REGISTRATION
a. Eligibility and Age Limitations. Only residents of the countries where we offer the Wild TV App Service (collectively, the "Territory") are eligible to register for a Wild TV App account. This Wild TV App Subscriber Agreement governs for residents of Canada. You must be at least 18 years of age, or the age of majority in your province or territory of residence, to purchase the Wild TV App Service. The Wild TV App Service is provided to individuals for their personal, non-commercial use only. Companies, associations, and other groups may not register for a Wild TV App account or use the Wild TV App Service. Individuals under the age of 13 are not eligible for a Wild TV App account and are not permitted to provide personal information to Wild TV App. Individuals under the age of 18, or applicable age of majority, may utilize the Wild TV App Service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these terms and conditions.
b. Registration. Only individuals that have registered for a Wild TV App account, provide certain information (e.g., a valid email address), and agree to the Wild TV App Subscriber Agreement are eligible to use the Wild TV App Service. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Wild TV App account. However, if you allow others to access your Wild TV App account, this Subscriber Agreement, as well any specific consents you may have provided, also applies to their access, use, and disclosure of information. You agree to immediately notify Wild TV App of any unauthorized access to your Wild TV App account. Wild TV App will not be responsible for any losses arising from the unauthorized use of your Wild TV App account.
c. Notices. Any notices Wild TV App delivers to you may be made as follows:
c.i. by email to the last email address provided by you or by posting a notice on the Wild TV App Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or legal guardian. You agree that we may take steps to verify the accuracy of information you provide.
2. SUBSCRIPTION TERMS
a. Subscription and Auto-Renewal. Your subscription to the Wild TV App Service includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. However, where required by law, you may refuse the price change and cancel the Wild TV App Service without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after we implement the price change. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Wild TV App Service. Please check with your Internet provider for information on possible Internet data usage charges.
b. Promotional Periods. Your Wild TV App Service subscription may begin with a promotional period, during which you have access to the Wild TV App Service at no charge. Availability of a promotional period is not guaranteed and, if one is available, is only available to those who have not previously used one for the Wild TV App Service. Your first payment will be charged to your chosen payment method immediately following the end of the promotional period, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of the promotional period. We provide notice of the terms of the promotional period at the time you register and you will not receive a separate notice that your promotional period is about to end or has ended, or that your paid subscription period has begun.
c. Cancellation and Refund Policy. You can cancel your subscription at any time before the end of the current billing period or promotional offer, if applicable. Cancellation will take effect at the end of the current billing period or promotional offer, if applicable. To cancel your Wild TV App subscription, navigate to www.wildtvplus.ca, subscriptions under settings and click "Cancel Subscription”. If you subscribed via a third party (e.g., an app store such as iTunes, Google Play, Amazon Store, or Roku), please visit our FAQ zone within settings in the Wild TV App Service for instructions on how to cancel. Cancellation will only take effect at the end of your current billing period (or end of your promotional offer), and you will still be able to access Wild TV App until then. Unless required by law, we do not refund or credit for partially used billing periods.
d. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file. You are responsible for keeping your payment details up to date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CW (or equivalent). This enables us to continue to provide you access to the Wild TV App Service. You authorize us to continue to charge your credit card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription. You also agree that we may charge your payment method on file if you decide to restart your Wild TV App subscription.
e. Subscriptions Obtained Through Third Parties. If you obtain a Wild TV App Service subscription via a third party (e.g., an app store), that subscription is also subject to the third party's terms, and the provisions in this Wild TV App Subscriber Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Wild TV App Subscriber Agreement conflicts with the applicable third party's terms. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your Wild TV App Service subscription will be billed by the applicable third party using the payment information you have provided to such third party. To cancel a Wild TV App Service subscription obtained via a third party, please follow the cancellation instructions set out by the applicable third party. You can visit our FAQ zone within settings in the Wild TV App Service for instructions on how to cancel a Wild TV App Service subscription obtained via a third party.
f. Bundled Subscription Options. We may offer a Wild TV App Service subscription bundled with other subscription services, including subscriptions to third-party products and services. Third-party subscriptions, products, and services are governed by terms of use issued by those third parties.
3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
a. License. Within the Territory and subject to the terms and conditions in this Wild TV App Subscriber Agreement, Wild TV App grants you a limited, personal use, non-transferable, non- assignable, revocable, non-exclusive, and non-sublicensable right to do the following:
a.i. Install and make non-commercial, personal use of the Wild TV App Service; and
a.ii. Stream or temporarily download copyrighted materials, including but not limited to, television shows, other entertainment or informational programming, trailers, bonus materials, images, and artwork (the "Wild TV App Content") that are available to you from the Wild TV App Service.
This is a license agreement and not an agreement for sale or assignment of any rights in the Wild TV App Content or the Wild TV App Service. The purchase of a license to stream or temporarily download any Wild TV App Content does not create an ownership interest in the Wild TV App Content. Such Wild TV App Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Wild TV App Content, are owned by Wild TV App, its affiliates and/or other licensors, and is protected by the copyright laws of Canada, as well as other intellectual property laws and treaties.
b. Restrictions on Your Use of the Wild TV App Content. You agree that as a condition of your license, you may not and agree not to:
b.i. circumvent or disable any content protection system or digital rights management technology used in connection with the Wild TV App Service to control access to the Wild TV App;
b.ii. copy the Wild TV App Content (except as expressly permitted by this Wild TV App Subscriber Agreement);
b.iii. rebroadcast, transmit or perform the Wild TV App Content available via the Wild TV App Service;
b.iv. create derivative works of the Wild TV App Content; or
b.v. allow third parties to violate the above restrictions.
c. Restrictions on Your Use of the Wild TV App Service. You agree that as a condition of your license, you may not and agree not to:
c.i. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human- readable form the Wild TV App Service and/or video player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player;
c.ii. modify the Wild TV App Service, including, but not limited to, by removing identification, copyright, or other proprietary notices from the Wild TV App Content or the Wild TV App Service;
c.iii. access or use the Wild TV App Service in a manner that suggests an association with our products, services, or brands;
c.iv. use the Wild TV App Service for any commercial or business-related use or in any commercial establishment or area open to the public lobby, bar, restaurant, diner, stadium, casino, club, cafe, theater, etc.) or build a business utilizing the Wild TV App Content or Wild TV App Service, whether for profit;
c.v. create derivative works of the Wild TV App Service, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
c.vi. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Wild TV App Service;
c.vii. access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Wild TV App Service using a robot, spider, scraper or other automated means or manual process without our express written permission;
c.viii. damage, disable, overburden, or impair the Wild TV App Service;
c.ix. use the Wild TV App Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Wild TV App Subscriber Agreement;
c.x. share your login credentials with third parties; or
c.xi. otherwise allow third parties to violate the above restrictions.
d. Violations. Any attempt to perform any of the restrictions listed in Sections 3(b) and 3(c)
above is a violation of the rights of Wild TV App and the copyright holder.
4. USAGE TERMS
a. Wild TV App Compatible Devices. Use of the Wild TV App Service requires compatible devices, and certain software may require periodic updates, and your use of the Wild TV App Service may be affected by the performance of these elements. You can access Wild TV App Content with almost any Internet-connected computer or through the Wild TV App application available for certain mobile or other devices (Internet connection required) (each, a "Compatible Device”). For specifics concerning supported devices please visit our FAQ zone within settings in the Wild TV App Service. You can add a Compatible Device to your Wild TV App account by downloading the Wild TV App to the Compatible Device and by signing into your Wild TV App account through the application.
b. Internet Connection. You must have a high-speed Internet connection in order to access and use certain aspects of the Wild TV App Service
c. Streaming Wild TV App Content. Wild TV App Content can be streamed through the Wild TV App Service over an active Internet connection. The number of concurrent streams available for use may change from time to time at our discretion.
d. Downloading Wild TV App Content. From time to time, Wild TV App Content may be available for temporary download for offline viewing on certain Compatible Devices. The maximum number of compatible devices and the length of time that certain temporary downloads remain available to you for offline viewing may change from time to time at our discretion.
e. Wild TV App Content Availability. Certain Wild TV App Content available through the Wild TV App Service subscription may not be available in all countries or territories within the Territory. Geographic restrictions will be enforced according to the location from which you are accessing the Wild TV App Service, and we may use different technologies and methods to verify' your geographic location.
f. Future Unavailability. It is possible that the Wild TV App Service and/or some or all Wild TV App Content may not be available for streaming or downloading at any given time including.
f.i. during any maintenance or update periods;
f.ii. any power or server outages;
f.iii. as a result of war, riots, strikes, social unrest; or
f.iv. as a result of other matters beyond the control of us or third parties. Wild TV App will take reasonable efforts to provide you with as much prior notice as possible; however, Disney* shall have no liability to you in such event. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access Wild TV App. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the Disney* Service, although if you are a subscriber and we suspend or discontinue your subscription to the Wild TV App Service, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if we terminate your account or suspend or discontinue your access to the Wild TV App Service due to your violation of the Wild TV App Subscriber Agreement, then you will not be eligible for any such credit, refund, discount, or other consideration.
g. Promotional and Experimental Features. In our continued assessment of the Wild TV App Service, we may from time to time, with respect to any or all our users, experiment or otherwise offer certain features or other elements of the Wild TV App Service, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement versions of Wild TV App shall be governed by this Wild TV App Subscriber Agreement and any additional terms you agree to when you install such update, modification, or replacement version.
5. USE AND INFORMATION SUBMITTED . Wild TV App is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Wild TV App Service, including the Wild TV App website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Wild TV App service. In addition, you agree not to enforce any ‘moral rights’ in and to the Feedback, to the extent permitted by applicable law. Please note Wild TV App does not accept unsolicited materials or ideas for content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Wild TV App. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Wild TV App and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
6. SUSPENSION AND TERMINATION. You agree that Wild TV App may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Wild TV App Service and to any Wild TV App Content if Wild TV App believes you are using or have used the Wild TV App Service in violation of the Wild TV App Subscriber Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, Wild TV App may restrict or suspend your access to your Wild TV App account for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if Wild TV App reasonably believes that your Wild TV App account has been created fraudulently, your Wild TV App account has been accessed fraudulently, or anyone uses your Wild TV App account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Wild TV App also reserves the right, after notice to you, to terminate any Wild TV App account that remains inactive for one year (failure to log in to your Wild TV App account will constitute inactivity for purposes of this Subscriber Agreement).
You agree that Wild TV App will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your Wild TV App account or Content.
Upon termination of your Wild TV App account, whether terminated by Wild TV App or at your request (other than a cancellation of your subscription, in which case your subscription will continue to the end of the billing period), you will immediately lose the right to access streamed content through the Wild TV App Service and within a limited period will lose the right to view Wild TV App Content downloaded within the Wild TV App Service.
7. BINDING ARBITRATION AND CLASS ACTION WAIVER
(Not applicable to Quebec residents) Proceedings to resolve or litigate a dispute in any forum will be conducted on an individual basis to the fullest extent permitted by applicable law. Neither you nor Wild TV App will seek to have a dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
a. If you are a Wild TV App subscriber in Canada, you and Wild TV App agree that any dispute, claim or controversy arising out of or relating in any way to the Wild TV App Service or this Subscriber Agreement shall be determined by binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
b. If you are a Wild TV App subscriber in the United States (including its possessions and territories), you and Wild TV App agree that any dispute, claim or controversy arising out of or relating in any way to the Wild TV App Service or this Subscriber Agreement shall be determined by binding arbitration or in small claims court. You agree that, by agreeing to this Subscriber Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Wild TV App are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Subscriber Agreement and the termination of your Wild TV App subscription.
c. If you elect to seek arbitration or file a small claim court action, you must first send to Wild TV App, by certified mail, a written Notice of your claim (‘Notice’). The Notice to Wild TV App must be addressed to: General Counsel, Wild TV, 11263 180 St NW, Edmonton, AB, Canada, T5S 0B4 (‘Notice Address’). If Wild TV App initiates arbitration, it will send a written Notice to the email address used for your subscriber account. A Notice, whether sent by you or by Wild TV App, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (‘Demand’). If Wild TV App and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Wild TV App may commence an arbitration proceeding or file a claim in small claims court.
d. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Wild TV App receives notice at the Notice Address that you have commenced arbitration, Wild TV App will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
e. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Subscriber Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Subscriber Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement. Unless Wild TV App and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
f. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Wild TV App’s last written settlement offer made before an arbitrator was selected (or if Wild TV App did not make a settlement offer before an arbitrator was selected), then Wild TV App will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
g. YOU AND Wild TV APP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Wild TV App agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
8. ADDITIONAL PROVISIONS
a. You understand and agree that the Wild TV App Content you receive through the Wild TV App Service is intended for informational and entertainment purposes only. The Wild TV App Content does not constitute legal, financial, professional, medical, or healthcare advice or diagnosis and cannot be used for such purposes.
b. Content Subjectivity. Wild TV App Content tends to elicit varying reactions among different people. You may come across Wild TV App Content that you find offensive, indecent, explicit, or objectionable. Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation and for informational purposes. We do not guarantee that you will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding what Wild TV App Content is appropriate for your family.
c. Photo Sensitivities. Wild TV App Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photosensitivity. Additionally, 4K UHD HDR content versions enable greater brightness and color saturation which may also affect users.
d. Content Quality. We use various technologies to provide you with an optimal viewing experience. For example, HD and 4K Ultra HD quality is available for certain Wild TV App Content. That said, the playback quality of Wild TV App Content, including resolution, may be affected by the format of the Wild TV App Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices used, among other factors. The time it takes you to begin viewing Wild TV App Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Wild TV App Content you have selected, and the configuration of the device you are using. As a result, we are unable to make any warranties about the Wild TV App Content in these respects.
e. Third-Party Services and Content. The Wild TV App Service may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use, agreements and privacy policies that apply to such third-party services and content. If you access the Wild TV App Service using a third-party service or device (for example, an Apple iOS, Android or Microsoft Windows-powered device) then Apple Inc., Google, Inc. or Microsoft Corporation, respectively, or another such company that offers a third-party service or device, shall be a third-party beneficiary to this contract. However, these third-party or Microsoft Windows-powered device) then Apple Inc., Google, Inc. or Microsoft Corporation, respectively, or another such company that offers a third-party service or device, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract. You agree that your access to the Wild TV App Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
f. Mobile Networks. When you access the Wild TV App Service through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing, or using the Wild TV App Service may be prohibited or restricted by your network provider and the Wild TV App Service may not work with your network provider or device.
g. Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions, or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. Wild TV App does not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. Additionally, you waive any so called moral rights in such submissions and unsolicited ideas if any, even if such material is altered or changed in a manner not agreeable to you.
h. Contact Information. You may contact Wild TV App as follows: by email at: help@wildtvplus.ca.
i. Disclaimers of Warranty; Liability Limitation. You acknowledge and agree to the essential condition that the Wild TV App Content and Wild TV App Service are provided "as is" and without warranties of any kind. To the fullest extent permitted by law, Wild TV App, its affiliates, licensors, agents, and service providers (collectively, the "Wild TV App Parties”) each expressly warranties of any kind. To the fullest extent permitted by law, Wild TV App, its affiliates, licensors, agents, and service providers (collectively, the "Wild TV App Parties”) each expressly disclaims any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, accuracy completeness, availability, security, compatibility, satisfactory quality and noninfringement, and their equivalents under the laws of any jurisdiction. You also acknowledge and agree that the Wild TV App Parties do not warrant that the Wild TV App Content and the Wild TV App Service will be without errors, viruses, or other harmful components. The Wild TV App Parties do not warrant or otherwise state that the Wild TV App Content and the Wild TV App Service will meet your requirements. You and not the Wild TV App Parties assume the entire cost of all necessary servicing, repair or correction occasioned by use of the Wild TV App Content and the Wild TV App Service. Some provinces, territories and other jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
j. To the extent not prohibited by applicable law, in no event shall the Wild TV App Parties be liable for any personal injury, or any indirect, special, incidental, or consequential damages of any kind, including lost profits and property damage, even if we were advised of the possibility of such damages, that result from the use of, or inability to use the Wild TV App Content or the Wild TV App Service, however caused. Nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control In no event shall our total liability to you for all damages, losses and causes of action exceed One Thousand Canadian Dollars (CA $1 ,OOO). The liability limitations in this section apply under any legal theory (tort, contract, breach of warranty, strict liability or otherwise) even if the Wild TV App Parties have been advised of the possibility of such damages. Because some provinces, territories and other jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. (For Quebec residents only): The foregoing paragraph does not apply to damages that result from the acts of the Wild TV App Parties.
k. Choice of Forum. (Not applicable to Quebec residents) You agree that any action at law or in equity arising out of or relating to this Subscriber Agreement that is not subject to arbitration or commenced in small claims court where you reside shall be filed, and that venue properly lies, only in the province of Alberta, Canada and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
l. Choice of Law (Not applicable to Quebec residents) This Subscriber Agreement is governed by and construed in accordance with the laws of the province of Alberta, Canada, without giving effect to any conflict of law principles.
m. Severability. If any provision of this Subscriber Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Subscriber Agreement and shall not affect the validity and enforceability of any remaining provisions.
n. Survival. The provisions of this Subscriber Agreement which by their nature should survive the termination of this Subscriber Agreement shall survive such termination.
o. Entire Agreement This Wild TV App Subscriber Agreement and the provisions referenced herein, constitute the entire agreement between you and Wild TV App pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations, and discussions, whether oral or written. No waiver of any of the provisions of the Wild TV App Subscriber Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Wild TV App Privacy Policy
September 30, 2021
Wild TV Inc. (“Wild TV App”, “we”, “us” or “our”) is committed to maintaining the privacy of your Personal Information. This includes keeping our Privacy Policy updates so you are fully informed. Check back from time to time to see what’s new.
“Personal Information” is information about you as an identifiable individual that is protected by law. We use this term through this Privacy Policy to help explain:
how and why we collect, use, and sometimes disclose your Personal Information;
how and when your informed consent will be requested (along with certain exceptions);
how you can access your Personal Information; and
how to contact us if you have questions or concerns about your privacy.
This Privacy Policy applies to Personal Information that we collect, use or disclose when providing you with our Wild TV App Service. This could include information like your name, mailing address, email address, phone number, credit card numbers, how you use your devices and billing records. Sometimes, when information such as your name, address and telephone number are available publicly (such as in a directory listing) that information wouldn’t be considered protected Personal Information.
We built this Privacy Policy based on the foundation of our Commitment to Privacy to inform you about how your Personal Information is treated when using our Wild TV App Service.
Consent and Your Personal Information
1. Do the Companies need my consent to collect, use or disclose my Personal Information?
Subject to certain limited exceptions, yes, when you use our Wild TV App Service, your consent will be implied. In certain circumstances, we may also seek your express consent to our collection, use or disclosure of your Personal Information. For example, if your Personal Information is highly sensitive and required for a new purpose, we may ask for your express consent (either verbally, by checking a box, signing an agreement or taking another affirmative action). If your Personal Information isn’t necessarily required to provide the product or service, you may also be able to withdraw your consent. For example, you can opt-out of a variety of marketing communications by us, including commercial electronic messages like emails and SMS messages through your profile. If your Personal Information is necessary to provide you with the products or services you requested, then there is no ability to opt-out because it is a condition of service. In these circumstances, the only option is to terminate your relationship with us.
The law also permits certain exceptions to obtaining consent, including:
a. if it is clearly in our interests (like a medical emergency or threat to your safety);
b. to comply with a warrant or other court order;
c. to collect monies owed;
d. to investigate the breach of an agreement or applicable law (like piracy in breach of the Copyright Act);
e. to detect, suppress or prevent fraud; or
f. as otherwise legally required or allowed.
If appropriate or necessary, we may rely on one of these exceptions.
2. Does the Wild TV App use de-identified Personal Information?
Yes, we use de-identified information to improve our operations, services and available offers, to provide social benefits, and to develop analytic marketing reports. De-identified information may also be combined with statistical data, including data provided by government agencies and third-party data aggregators to better inform us.
Collection, Use, Disclosure and Your Personal Information
3. When does the Wild TV App collect my Personal Information?
We collect your Personal Information through various ways. For example:
a. during the inquiry, activation or purchase of the Wild TV App Service;
b. when we provide the Wild TV App Service to our customers, including technical support and service process;
c. when you use the Wild TV App Service, visit our websites, or call into a call centre; and
d. from third parties, like credit reporting agencies, or other third parties with whom you have had a payment relationship.
4. How does the Wild TV App use my Personal Information?
We use your Personal Information, including sharing information between our Companies so that we may:
a. provide you with the Wild TV App (including through third-party suppliers);
b. better understand your needs and preferences;
c. maintain responsible commercial relations with you;
d. determine your eligibility for the Wild TV App and recommend products and services to you;
e. develop and enhance the Wild TV App;
f. market products and services that may be of interest to you;
g. manage our business operations;
h. detect, supress or prevent fraud; and
i. meet our legal and regulatory obligations.
We use market leading data analytics technologies to help us inform and improve the uses described above.
5. When is my Personal Information disclosed?
We may disclose your Personal Information with your consent, or when it is permitted or required by law, including:
a. To an authorized account holder for household accounts or accounts with multiple devices, or a person acting as your agent (like a legal representative or authorized user);
b. to third-party collection agencies for the purpose of collecting amount owed to us which are past due;
c. to third parties, like credit reporting agencies or other companies you have had a payment relationship with, to assess creditworthiness;
d. to delivery organizations to ship you product and/or services you have ordered;
e. go a government institution or another organization if reasonably necessary to establish your identity, or to investigate the contravention of a law or an agreement, or to detect, prevent or supress fraud;
f. to an appropriate public authority in an emergency situation where there is imminent danger to life or property;
g. if you have already given your consent to us or a third party (such as a smart home device provider, financial institution, insurance company, social media network, or other online site); and
h. as otherwise allowed or required by law.
Correcting and Safeguarding Your Personal Information
6. How do I review and correct my Personal Information?
Just ask us by getting in touch with the Privacy Office at support@wildtv.ca. You can review the Personal Information in your file, subject to certain restrictions and exceptions (a reasonable fee may apply), within a reasonable time after receiving a request in writing from you. If we cannot provide you with access to your Personal Information (for example, if it would involve revealing someone else’s Personal Information or other confidential or privileged information), we will let you know why. Our goal is to keep the Personal Information we hold about you accurate, up-to-date and complete. If you find a mistake, let us know and we will correct it.
7. How is my Personal Information protected?
We use appropriate security safeguards which very depending on the sensitivity of the Personal Information. All of our employees with access to Personal Information receive ongoing training with respect to the confidentiality of Personal Information. Personal Information we disclose to third parties, including our suppliers and agents acting on our behalf, is protected through our contracts with them. Because the security of your Personal Information in this digital age cannot be 100% guaranteed, you can also help protect your own Personal Information by adopting smart security practices, like never re-using passwords across accounts or websites, changing passwords regularly and choosing passwords that are hard to guess.
8. Will my Personal Information ever be transferred, stored or processed outside of Canada?
Yes, sometimes your Personal Information is provided to our suppliers and agents who operate outside of Canada, in accordance with safeguards that meet Canadian standards. For Personal Information processed outside of Canada, we have strict processes and policies regarding how your Personal Information is used. However, your Personal Information may be subject to the laws of other countries.
9. How long is my Personal Information kept?
Only as long as it is reasonably needed or relevant for the identified purposes (see Section 4), or as required by law. We may keep certain Personal Information for an extended period of time even when you are no longer our customer (like for required tax and financial record keeping, security, fraud prevention, and to manage business operations). Once Personal Information is no longer reasonably necessary, or relevant for the identified purposes, or required by law to be retained, your Personal Information is destroyed, erased or de-identified.
Changes, Questions and Contact Information
10. Can this Privacy Policy change?
Yes, it can. We will post the change on our website, and we will also make reasonable attempts to notify you by sending you an email or other means.
11. Questions or concerns about our privacy practices?
The security and privacy of your Personal Information is important. We have a dedicated section on our website relating to privacy where you can find frequently asked questions relevant to the protection of your Personal Information. For additional questions, you can send an email to support@wildtv.ca.
We investigate all privacy complaints and take appropriate steps to resolve them, including changing our practices where required.
September 30, 2021
Welcome to the Wild TV App, an online video streaming service that allows users to select from a variety of live and on-demand programming options, including certain audio, graphics, photos, text, special features, television programs, clips and other video content, which is made available to you by Wild TV Inc. (“Wild TV”) over the Internet at https://www.wildtvplus.ca or through certain Internet-connected computers and other compatible devices, all as further described on our website at www.wildtvplus.ca (the “Wild TV App Service”).
By using the Wild TV App Service, or any of the content, products or services which may be made available to you via the Wild TV App Service, you agree to be bound by these terms and conditions, which may be modified by Wild TV from time to time as described in this subscriber agreement (collectively, the “Subscriber Agreement”). We suggest that you print a copy of this Subscriber Agreement for your records. If you do not agree with this Subscriber Agreement, you may not use the Wild TV App Service or any of the content, products or services which may be made available to you via the Wild TV App Service. We may periodically amend any portion of this Subscriber Agreement. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Wild TV App Service and, where required by law, the notice will set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. If you do not agree to any change to this Subscriber Agreement, you must discontinue using the Wild TV App Service. Where required by law, you may refuse the modification and cancel the Wild TV App Service without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force if the change results in increased obligations to you or a reduction of obligations on us.
References to “you” and “your” in this Subscriber Agreement are to you and anyone who uses the Wild TV App Service through your registered account. You must inform anyone who uses the Wild TV App Service through your account of this Subscriber Agreement and obtain their agreement to this Subscriber Agreement before allowing them to use the Wild TV App Service through your account. References to "we”, ”us", our” in this Subscriber Agreement are to Wild TV.
Please read this Subscriber Agreement carefully before using the Wild TV App Service.
This Subscriber Agreement will govern your use of the Wild TV App Service.
(Not applicable to Quebec residents) To the fullest extent permitted by applicable law, any dispute between you and us, except for small claims, is subject to a class action waiver and must be resolved by individual binding arbitration. Please read the arbitration provision in this Subscriber Agreement as it affects your rights under this contract.
List of Sections
1. User Eligibility and Registration
2. Subscription Terms
3. Copyright License Grant and Restrictions
4. Usage Terms
5. Use and Sharing of Certain Information
6. Suspension and Termination
7. Binding Arbitration and Class Action Waiver
8. Additional Provisions
1. USER ELIGIBILITY AND REGISTRATION
a. Eligibility and Age Limitations. Only residents of the countries where we offer the Wild TV App Service (collectively, the "Territory") are eligible to register for a Wild TV App account. This Wild TV App Subscriber Agreement governs for residents of Canada. You must be at least 18 years of age, or the age of majority in your province or territory of residence, to purchase the Wild TV App Service. The Wild TV App Service is provided to individuals for their personal, non-commercial use only. Companies, associations, and other groups may not register for a Wild TV App account or use the Wild TV App Service. Individuals under the age of 13 are not eligible for a Wild TV App account and are not permitted to provide personal information to Wild TV App. Individuals under the age of 18, or applicable age of majority, may utilize the Wild TV App Service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these terms and conditions.
b. Registration. Only individuals that have registered for a Wild TV App account, provide certain information (e.g., a valid email address), and agree to the Wild TV App Subscriber Agreement are eligible to use the Wild TV App Service. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Wild TV App account. However, if you allow others to access your Wild TV App account, this Subscriber Agreement, as well any specific consents you may have provided, also applies to their access, use, and disclosure of information. You agree to immediately notify Wild TV App of any unauthorized access to your Wild TV App account. Wild TV App will not be responsible for any losses arising from the unauthorized use of your Wild TV App account.
c. Notices. Any notices Wild TV App delivers to you may be made as follows:
c.i. by email to the last email address provided by you or by posting a notice on the Wild TV App Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or legal guardian. You agree that we may take steps to verify the accuracy of information you provide.
2. SUBSCRIPTION TERMS
a. Subscription and Auto-Renewal. Your subscription to the Wild TV App Service includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. However, where required by law, you may refuse the price change and cancel the Wild TV App Service without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after we implement the price change. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Wild TV App Service. Please check with your Internet provider for information on possible Internet data usage charges.
b. Promotional Periods. Your Wild TV App Service subscription may begin with a promotional period, during which you have access to the Wild TV App Service at no charge. Availability of a promotional period is not guaranteed and, if one is available, is only available to those who have not previously used one for the Wild TV App Service. Your first payment will be charged to your chosen payment method immediately following the end of the promotional period, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of the promotional period. We provide notice of the terms of the promotional period at the time you register and you will not receive a separate notice that your promotional period is about to end or has ended, or that your paid subscription period has begun.
c. Cancellation and Refund Policy. You can cancel your subscription at any time before the end of the current billing period or promotional offer, if applicable. Cancellation will take effect at the end of the current billing period or promotional offer, if applicable. To cancel your Wild TV App subscription, navigate to www.wildtvplus.ca, subscriptions under settings and click "Cancel Subscription”. If you subscribed via a third party (e.g., an app store such as iTunes, Google Play, Amazon Store, or Roku), please visit our FAQ zone within settings in the Wild TV App Service for instructions on how to cancel. Cancellation will only take effect at the end of your current billing period (or end of your promotional offer), and you will still be able to access Wild TV App until then. Unless required by law, we do not refund or credit for partially used billing periods.
d. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file. You are responsible for keeping your payment details up to date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CW (or equivalent). This enables us to continue to provide you access to the Wild TV App Service. You authorize us to continue to charge your credit card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription. You also agree that we may charge your payment method on file if you decide to restart your Wild TV App subscription.
e. Subscriptions Obtained Through Third Parties. If you obtain a Wild TV App Service subscription via a third party (e.g., an app store), that subscription is also subject to the third party's terms, and the provisions in this Wild TV App Subscriber Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Wild TV App Subscriber Agreement conflicts with the applicable third party's terms. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your Wild TV App Service subscription will be billed by the applicable third party using the payment information you have provided to such third party. To cancel a Wild TV App Service subscription obtained via a third party, please follow the cancellation instructions set out by the applicable third party. You can visit our FAQ zone within settings in the Wild TV App Service for instructions on how to cancel a Wild TV App Service subscription obtained via a third party.
f. Bundled Subscription Options. We may offer a Wild TV App Service subscription bundled with other subscription services, including subscriptions to third-party products and services. Third-party subscriptions, products, and services are governed by terms of use issued by those third parties.
3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
a. License. Within the Territory and subject to the terms and conditions in this Wild TV App Subscriber Agreement, Wild TV App grants you a limited, personal use, non-transferable, non- assignable, revocable, non-exclusive, and non-sublicensable right to do the following:
a.i. Install and make non-commercial, personal use of the Wild TV App Service; and
a.ii. Stream or temporarily download copyrighted materials, including but not limited to, television shows, other entertainment or informational programming, trailers, bonus materials, images, and artwork (the "Wild TV App Content") that are available to you from the Wild TV App Service.
This is a license agreement and not an agreement for sale or assignment of any rights in the Wild TV App Content or the Wild TV App Service. The purchase of a license to stream or temporarily download any Wild TV App Content does not create an ownership interest in the Wild TV App Content. Such Wild TV App Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Wild TV App Content, are owned by Wild TV App, its affiliates and/or other licensors, and is protected by the copyright laws of Canada, as well as other intellectual property laws and treaties.
b. Restrictions on Your Use of the Wild TV App Content. You agree that as a condition of your license, you may not and agree not to:
b.i. circumvent or disable any content protection system or digital rights management technology used in connection with the Wild TV App Service to control access to the Wild TV App;
b.ii. copy the Wild TV App Content (except as expressly permitted by this Wild TV App Subscriber Agreement);
b.iii. rebroadcast, transmit or perform the Wild TV App Content available via the Wild TV App Service;
b.iv. create derivative works of the Wild TV App Content; or
b.v. allow third parties to violate the above restrictions.
c. Restrictions on Your Use of the Wild TV App Service. You agree that as a condition of your license, you may not and agree not to:
c.i. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human- readable form the Wild TV App Service and/or video player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player;
c.ii. modify the Wild TV App Service, including, but not limited to, by removing identification, copyright, or other proprietary notices from the Wild TV App Content or the Wild TV App Service;
c.iii. access or use the Wild TV App Service in a manner that suggests an association with our products, services, or brands;
c.iv. use the Wild TV App Service for any commercial or business-related use or in any commercial establishment or area open to the public lobby, bar, restaurant, diner, stadium, casino, club, cafe, theater, etc.) or build a business utilizing the Wild TV App Content or Wild TV App Service, whether for profit;
c.v. create derivative works of the Wild TV App Service, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
c.vi. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Wild TV App Service;
c.vii. access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Wild TV App Service using a robot, spider, scraper or other automated means or manual process without our express written permission;
c.viii. damage, disable, overburden, or impair the Wild TV App Service;
c.ix. use the Wild TV App Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Wild TV App Subscriber Agreement;
c.x. share your login credentials with third parties; or
c.xi. otherwise allow third parties to violate the above restrictions.
d. Violations. Any attempt to perform any of the restrictions listed in Sections 3(b) and 3(c)
above is a violation of the rights of Wild TV App and the copyright holder.
4. USAGE TERMS
a. Wild TV App Compatible Devices. Use of the Wild TV App Service requires compatible devices, and certain software may require periodic updates, and your use of the Wild TV App Service may be affected by the performance of these elements. You can access Wild TV App Content with almost any Internet-connected computer or through the Wild TV App application available for certain mobile or other devices (Internet connection required) (each, a "Compatible Device”). For specifics concerning supported devices please visit our FAQ zone within settings in the Wild TV App Service. You can add a Compatible Device to your Wild TV App account by downloading the Wild TV App to the Compatible Device and by signing into your Wild TV App account through the application.
b. Internet Connection. You must have a high-speed Internet connection in order to access and use certain aspects of the Wild TV App Service
c. Streaming Wild TV App Content. Wild TV App Content can be streamed through the Wild TV App Service over an active Internet connection. The number of concurrent streams available for use may change from time to time at our discretion.
d. Downloading Wild TV App Content. From time to time, Wild TV App Content may be available for temporary download for offline viewing on certain Compatible Devices. The maximum number of compatible devices and the length of time that certain temporary downloads remain available to you for offline viewing may change from time to time at our discretion.
e. Wild TV App Content Availability. Certain Wild TV App Content available through the Wild TV App Service subscription may not be available in all countries or territories within the Territory. Geographic restrictions will be enforced according to the location from which you are accessing the Wild TV App Service, and we may use different technologies and methods to verify' your geographic location.
f. Future Unavailability. It is possible that the Wild TV App Service and/or some or all Wild TV App Content may not be available for streaming or downloading at any given time including.
f.i. during any maintenance or update periods;
f.ii. any power or server outages;
f.iii. as a result of war, riots, strikes, social unrest; or
f.iv. as a result of other matters beyond the control of us or third parties. Wild TV App will take reasonable efforts to provide you with as much prior notice as possible; however, Disney* shall have no liability to you in such event. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access Wild TV App. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the Disney* Service, although if you are a subscriber and we suspend or discontinue your subscription to the Wild TV App Service, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if we terminate your account or suspend or discontinue your access to the Wild TV App Service due to your violation of the Wild TV App Subscriber Agreement, then you will not be eligible for any such credit, refund, discount, or other consideration.
g. Promotional and Experimental Features. In our continued assessment of the Wild TV App Service, we may from time to time, with respect to any or all our users, experiment or otherwise offer certain features or other elements of the Wild TV App Service, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement versions of Wild TV App shall be governed by this Wild TV App Subscriber Agreement and any additional terms you agree to when you install such update, modification, or replacement version.
5. USE AND INFORMATION SUBMITTED . Wild TV App is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Wild TV App Service, including the Wild TV App website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Wild TV App service. In addition, you agree not to enforce any ‘moral rights’ in and to the Feedback, to the extent permitted by applicable law. Please note Wild TV App does not accept unsolicited materials or ideas for content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Wild TV App. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Wild TV App and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
6. SUSPENSION AND TERMINATION. You agree that Wild TV App may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Wild TV App Service and to any Wild TV App Content if Wild TV App believes you are using or have used the Wild TV App Service in violation of the Wild TV App Subscriber Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, Wild TV App may restrict or suspend your access to your Wild TV App account for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if Wild TV App reasonably believes that your Wild TV App account has been created fraudulently, your Wild TV App account has been accessed fraudulently, or anyone uses your Wild TV App account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Wild TV App also reserves the right, after notice to you, to terminate any Wild TV App account that remains inactive for one year (failure to log in to your Wild TV App account will constitute inactivity for purposes of this Subscriber Agreement).
You agree that Wild TV App will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your Wild TV App account or Content.
Upon termination of your Wild TV App account, whether terminated by Wild TV App or at your request (other than a cancellation of your subscription, in which case your subscription will continue to the end of the billing period), you will immediately lose the right to access streamed content through the Wild TV App Service and within a limited period will lose the right to view Wild TV App Content downloaded within the Wild TV App Service.
7. BINDING ARBITRATION AND CLASS ACTION WAIVER
(Not applicable to Quebec residents) Proceedings to resolve or litigate a dispute in any forum will be conducted on an individual basis to the fullest extent permitted by applicable law. Neither you nor Wild TV App will seek to have a dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
a. If you are a Wild TV App subscriber in Canada, you and Wild TV App agree that any dispute, claim or controversy arising out of or relating in any way to the Wild TV App Service or this Subscriber Agreement shall be determined by binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
b. If you are a Wild TV App subscriber in the United States (including its possessions and territories), you and Wild TV App agree that any dispute, claim or controversy arising out of or relating in any way to the Wild TV App Service or this Subscriber Agreement shall be determined by binding arbitration or in small claims court. You agree that, by agreeing to this Subscriber Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Wild TV App are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Subscriber Agreement and the termination of your Wild TV App subscription.
c. If you elect to seek arbitration or file a small claim court action, you must first send to Wild TV App, by certified mail, a written Notice of your claim (‘Notice’). The Notice to Wild TV App must be addressed to: General Counsel, Wild TV, 11263 180 St NW, Edmonton, AB, Canada, T5S 0B4 (‘Notice Address’). If Wild TV App initiates arbitration, it will send a written Notice to the email address used for your subscriber account. A Notice, whether sent by you or by Wild TV App, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (‘Demand’). If Wild TV App and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Wild TV App may commence an arbitration proceeding or file a claim in small claims court.
d. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Wild TV App receives notice at the Notice Address that you have commenced arbitration, Wild TV App will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
e. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Subscriber Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Subscriber Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement. Unless Wild TV App and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
f. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Wild TV App’s last written settlement offer made before an arbitrator was selected (or if Wild TV App did not make a settlement offer before an arbitrator was selected), then Wild TV App will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
g. YOU AND Wild TV APP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Wild TV App agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
8. ADDITIONAL PROVISIONS
a. You understand and agree that the Wild TV App Content you receive through the Wild TV App Service is intended for informational and entertainment purposes only. The Wild TV App Content does not constitute legal, financial, professional, medical, or healthcare advice or diagnosis and cannot be used for such purposes.
b. Content Subjectivity. Wild TV App Content tends to elicit varying reactions among different people. You may come across Wild TV App Content that you find offensive, indecent, explicit, or objectionable. Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation and for informational purposes. We do not guarantee that you will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding what Wild TV App Content is appropriate for your family.
c. Photo Sensitivities. Wild TV App Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photosensitivity. Additionally, 4K UHD HDR content versions enable greater brightness and color saturation which may also affect users.
d. Content Quality. We use various technologies to provide you with an optimal viewing experience. For example, HD and 4K Ultra HD quality is available for certain Wild TV App Content. That said, the playback quality of Wild TV App Content, including resolution, may be affected by the format of the Wild TV App Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices used, among other factors. The time it takes you to begin viewing Wild TV App Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Wild TV App Content you have selected, and the configuration of the device you are using. As a result, we are unable to make any warranties about the Wild TV App Content in these respects.
e. Third-Party Services and Content. The Wild TV App Service may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use, agreements and privacy policies that apply to such third-party services and content. If you access the Wild TV App Service using a third-party service or device (for example, an Apple iOS, Android or Microsoft Windows-powered device) then Apple Inc., Google, Inc. or Microsoft Corporation, respectively, or another such company that offers a third-party service or device, shall be a third-party beneficiary to this contract. However, these third-party or Microsoft Windows-powered device) then Apple Inc., Google, Inc. or Microsoft Corporation, respectively, or another such company that offers a third-party service or device, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract. You agree that your access to the Wild TV App Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
f. Mobile Networks. When you access the Wild TV App Service through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing, or using the Wild TV App Service may be prohibited or restricted by your network provider and the Wild TV App Service may not work with your network provider or device.
g. Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions, or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. Wild TV App does not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. Additionally, you waive any so called moral rights in such submissions and unsolicited ideas if any, even if such material is altered or changed in a manner not agreeable to you.
h. Contact Information. You may contact Wild TV App as follows: by email at: help@wildtvplus.ca.
i. Disclaimers of Warranty; Liability Limitation. You acknowledge and agree to the essential condition that the Wild TV App Content and Wild TV App Service are provided "as is" and without warranties of any kind. To the fullest extent permitted by law, Wild TV App, its affiliates, licensors, agents, and service providers (collectively, the "Wild TV App Parties”) each expressly warranties of any kind. To the fullest extent permitted by law, Wild TV App, its affiliates, licensors, agents, and service providers (collectively, the "Wild TV App Parties”) each expressly disclaims any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, accuracy completeness, availability, security, compatibility, satisfactory quality and noninfringement, and their equivalents under the laws of any jurisdiction. You also acknowledge and agree that the Wild TV App Parties do not warrant that the Wild TV App Content and the Wild TV App Service will be without errors, viruses, or other harmful components. The Wild TV App Parties do not warrant or otherwise state that the Wild TV App Content and the Wild TV App Service will meet your requirements. You and not the Wild TV App Parties assume the entire cost of all necessary servicing, repair or correction occasioned by use of the Wild TV App Content and the Wild TV App Service. Some provinces, territories and other jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
j. To the extent not prohibited by applicable law, in no event shall the Wild TV App Parties be liable for any personal injury, or any indirect, special, incidental, or consequential damages of any kind, including lost profits and property damage, even if we were advised of the possibility of such damages, that result from the use of, or inability to use the Wild TV App Content or the Wild TV App Service, however caused. Nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control In no event shall our total liability to you for all damages, losses and causes of action exceed One Thousand Canadian Dollars (CA $1 ,OOO). The liability limitations in this section apply under any legal theory (tort, contract, breach of warranty, strict liability or otherwise) even if the Wild TV App Parties have been advised of the possibility of such damages. Because some provinces, territories and other jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. (For Quebec residents only): The foregoing paragraph does not apply to damages that result from the acts of the Wild TV App Parties.
k. Choice of Forum. (Not applicable to Quebec residents) You agree that any action at law or in equity arising out of or relating to this Subscriber Agreement that is not subject to arbitration or commenced in small claims court where you reside shall be filed, and that venue properly lies, only in the province of Alberta, Canada and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
l. Choice of Law (Not applicable to Quebec residents) This Subscriber Agreement is governed by and construed in accordance with the laws of the province of Alberta, Canada, without giving effect to any conflict of law principles.
m. Severability. If any provision of this Subscriber Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Subscriber Agreement and shall not affect the validity and enforceability of any remaining provisions.
n. Survival. The provisions of this Subscriber Agreement which by their nature should survive the termination of this Subscriber Agreement shall survive such termination.
o. Entire Agreement This Wild TV App Subscriber Agreement and the provisions referenced herein, constitute the entire agreement between you and Wild TV App pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations, and discussions, whether oral or written. No waiver of any of the provisions of the Wild TV App Subscriber Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Wild TV App Privacy Policy
September 30, 2021
Wild TV Inc. (“Wild TV App”, “we”, “us” or “our”) is committed to maintaining the privacy of your Personal Information. This includes keeping our Privacy Policy updates so you are fully informed. Check back from time to time to see what’s new.
“Personal Information” is information about you as an identifiable individual that is protected by law. We use this term through this Privacy Policy to help explain:
how and why we collect, use, and sometimes disclose your Personal Information;
how and when your informed consent will be requested (along with certain exceptions);
how you can access your Personal Information; and
how to contact us if you have questions or concerns about your privacy.
This Privacy Policy applies to Personal Information that we collect, use or disclose when providing you with our Wild TV App Service. This could include information like your name, mailing address, email address, phone number, credit card numbers, how you use your devices and billing records. Sometimes, when information such as your name, address and telephone number are available publicly (such as in a directory listing) that information wouldn’t be considered protected Personal Information.
We built this Privacy Policy based on the foundation of our Commitment to Privacy to inform you about how your Personal Information is treated when using our Wild TV App Service.
Consent and Your Personal Information
1. Do the Companies need my consent to collect, use or disclose my Personal Information?
Subject to certain limited exceptions, yes, when you use our Wild TV App Service, your consent will be implied. In certain circumstances, we may also seek your express consent to our collection, use or disclosure of your Personal Information. For example, if your Personal Information is highly sensitive and required for a new purpose, we may ask for your express consent (either verbally, by checking a box, signing an agreement or taking another affirmative action). If your Personal Information isn’t necessarily required to provide the product or service, you may also be able to withdraw your consent. For example, you can opt-out of a variety of marketing communications by us, including commercial electronic messages like emails and SMS messages through your profile. If your Personal Information is necessary to provide you with the products or services you requested, then there is no ability to opt-out because it is a condition of service. In these circumstances, the only option is to terminate your relationship with us.
The law also permits certain exceptions to obtaining consent, including:
a. if it is clearly in our interests (like a medical emergency or threat to your safety);
b. to comply with a warrant or other court order;
c. to collect monies owed;
d. to investigate the breach of an agreement or applicable law (like piracy in breach of the Copyright Act);
e. to detect, suppress or prevent fraud; or
f. as otherwise legally required or allowed.
If appropriate or necessary, we may rely on one of these exceptions.
2. Does the Wild TV App use de-identified Personal Information?
Yes, we use de-identified information to improve our operations, services and available offers, to provide social benefits, and to develop analytic marketing reports. De-identified information may also be combined with statistical data, including data provided by government agencies and third-party data aggregators to better inform us.
Collection, Use, Disclosure and Your Personal Information
3. When does the Wild TV App collect my Personal Information?
We collect your Personal Information through various ways. For example:
a. during the inquiry, activation or purchase of the Wild TV App Service;
b. when we provide the Wild TV App Service to our customers, including technical support and service process;
c. when you use the Wild TV App Service, visit our websites, or call into a call centre; and
d. from third parties, like credit reporting agencies, or other third parties with whom you have had a payment relationship.
4. How does the Wild TV App use my Personal Information?
We use your Personal Information, including sharing information between our Companies so that we may:
a. provide you with the Wild TV App (including through third-party suppliers);
b. better understand your needs and preferences;
c. maintain responsible commercial relations with you;
d. determine your eligibility for the Wild TV App and recommend products and services to you;
e. develop and enhance the Wild TV App;
f. market products and services that may be of interest to you;
g. manage our business operations;
h. detect, supress or prevent fraud; and
i. meet our legal and regulatory obligations.
We use market leading data analytics technologies to help us inform and improve the uses described above.
5. When is my Personal Information disclosed?
We may disclose your Personal Information with your consent, or when it is permitted or required by law, including:
a. To an authorized account holder for household accounts or accounts with multiple devices, or a person acting as your agent (like a legal representative or authorized user);
b. to third-party collection agencies for the purpose of collecting amount owed to us which are past due;
c. to third parties, like credit reporting agencies or other companies you have had a payment relationship with, to assess creditworthiness;
d. to delivery organizations to ship you product and/or services you have ordered;
e. go a government institution or another organization if reasonably necessary to establish your identity, or to investigate the contravention of a law or an agreement, or to detect, prevent or supress fraud;
f. to an appropriate public authority in an emergency situation where there is imminent danger to life or property;
g. if you have already given your consent to us or a third party (such as a smart home device provider, financial institution, insurance company, social media network, or other online site); and
h. as otherwise allowed or required by law.
Correcting and Safeguarding Your Personal Information
6. How do I review and correct my Personal Information?
Just ask us by getting in touch with the Privacy Office at support@wildtv.ca. You can review the Personal Information in your file, subject to certain restrictions and exceptions (a reasonable fee may apply), within a reasonable time after receiving a request in writing from you. If we cannot provide you with access to your Personal Information (for example, if it would involve revealing someone else’s Personal Information or other confidential or privileged information), we will let you know why. Our goal is to keep the Personal Information we hold about you accurate, up-to-date and complete. If you find a mistake, let us know and we will correct it.
7. How is my Personal Information protected?
We use appropriate security safeguards which very depending on the sensitivity of the Personal Information. All of our employees with access to Personal Information receive ongoing training with respect to the confidentiality of Personal Information. Personal Information we disclose to third parties, including our suppliers and agents acting on our behalf, is protected through our contracts with them. Because the security of your Personal Information in this digital age cannot be 100% guaranteed, you can also help protect your own Personal Information by adopting smart security practices, like never re-using passwords across accounts or websites, changing passwords regularly and choosing passwords that are hard to guess.
8. Will my Personal Information ever be transferred, stored or processed outside of Canada?
Yes, sometimes your Personal Information is provided to our suppliers and agents who operate outside of Canada, in accordance with safeguards that meet Canadian standards. For Personal Information processed outside of Canada, we have strict processes and policies regarding how your Personal Information is used. However, your Personal Information may be subject to the laws of other countries.
9. How long is my Personal Information kept?
Only as long as it is reasonably needed or relevant for the identified purposes (see Section 4), or as required by law. We may keep certain Personal Information for an extended period of time even when you are no longer our customer (like for required tax and financial record keeping, security, fraud prevention, and to manage business operations). Once Personal Information is no longer reasonably necessary, or relevant for the identified purposes, or required by law to be retained, your Personal Information is destroyed, erased or de-identified.
Changes, Questions and Contact Information
10. Can this Privacy Policy change?
Yes, it can. We will post the change on our website, and we will also make reasonable attempts to notify you by sending you an email or other means.
11. Questions or concerns about our privacy practices?
The security and privacy of your Personal Information is important. We have a dedicated section on our website relating to privacy where you can find frequently asked questions relevant to the protection of your Personal Information. For additional questions, you can send an email to support@wildtv.ca.
We investigate all privacy complaints and take appropriate steps to resolve them, including changing our practices where required.