Terms of Use
These terms are an agreement between you and Sprint Digital ("Wrotrail", "we", "us") for your use of the Wrotrail apps, website and related services (the Service). By creating an account or using the Service you agree to these terms and to our Privacy Policy. If you do not agree, do not use the Service.
Your rights under Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, that cannot lawfully be excluded or limited, including under the Australian Consumer Law (Non-Excludable Rights). Every limitation in these terms applies only to the extent the law allows.
1. Who can play
- You must be at least 16. If you are under 18, you confirm that a parent or guardian has agreed to these terms for you.
- One account per person. Keep your account details accurate and your email account secure. You are responsible for activity on your account.
- You must not use the Service if you are barred from doing so by law, or if we have previously closed your account.
2. Exploring safely and lawfully
Wrotrail encourages travel to real places, some remote or hazardous. You decide whether, when and how to visit any place, and you do so at your own risk. In particular:
- Never use the app while driving or riding. Obey road rules and all other laws.
- Do not trespass. Respect private property, closures, permits, park rules, fire and weather warnings, and restricted areas.
- Respect Aboriginal and Torres Strait Islander cultural sites and wishes, including restrictions on access and photography.
- Prepare properly for remote travel: water, fuel, communications and telling someone your plans. Check official sources (such as park authorities and emergency services) before you go.
- Quest locations, descriptions, categories, accessibility, opening hours and Secret Quest hint areas may be wrong, out of date or unsafe. Places reported by players have not been checked by us for safety, legality or access.
- Leave places as you found them, and respect other people, wildlife and the environment.
3. Fair play
Check-ins must reflect where you physically are. You must not:
- spoof, simulate or manipulate your location, or use emulators, bots, scripts or modified apps;
- create or use multiple accounts, share accounts, or buy, sell or transfer accounts or progress;
- submit false place reports or co-ordinate reports to create Secret Quests that do not exist;
- interfere with, overload, scrape, reverse engineer or bypass the security of the Service, except where the law expressly permits it; or
- harass other players or use the Service for any unlawful, harmful or commercial purpose we have not approved.
We may use automated checks and manual review to detect cheating. If we reasonably believe you have broken these terms, we may remove check-ins, XP, badges, discoveries or rankings, refuse or cancel reward claims, and suspend or close your account.
4. XP, levels, badges and rankings
XP, levels, titles, badges, rankings, Original Discoverer credits and other in-game items have no monetary value, cannot be exchanged for money and are not your property. They are part of our licence to you to use the Service. We may change how they are earned or calculated, rebalance them, or correct errors, including errors that affect your progress.
5. Physical rewards
- Rewards for milestones (for example a keychain at 100 places) are a free promotional extra, not something you pay for or are owed. No purchase is necessary.
- Claims are reviewed and may be refused if check-ins appear invalid or these terms have been broken. Rewards are limited to one per milestone per player and are sent only to Australian postal addresses.
- Items are subject to availability. We may substitute an item of similar value, and we may change, suspend or end milestones or rewards for future claims at any time. Approved claims will still be honoured or replaced with an item of similar value.
- We are not responsible for delays or losses caused by postal services or by an incorrect address you provided, except where a Non-Excludable Right applies.
6. Content you contribute
Your Content means photos and any text you submit, such as place names, notes and trip names. Contributions means the information created by your use of the Service: check-ins and their locations and times, place reports and their coordinates, and the gameplay, trip and travel data described in our Privacy Policy.
Ownership of Contributions and the Wrotrail map
Subject to the third-party licences described in section 7, Wrotrail owns the Service, the quest catalogue, the Wrotrail map and every database and compilation it contains. This includes all Secret Quests and the place data derived from player reports, and all aggregated or de-identified data and insights we create. To the extent you have any rights in your Contributions, you assign those rights to Wrotrail on creation, including copyright and database rights, for no payment. Where an assignment is not effective, you grant us the licence described below. This does not change how we handle your personal information, which our Privacy Policy and the law govern.
Licence to Your Content
You keep ownership of the copyright in your photos. You grant Wrotrail a worldwide, perpetual, irrevocable, royalty-free, fully paid, non-exclusive, transferable licence, with the right to sublicense through multiple tiers, to use, host, store, reproduce, modify, crop, adapt, translate, publish, publicly display, distribute and create derivative works from Your Content, in any media and for any purpose. This includes operating and promoting the Service, marketing and advertising, and commercial products, datasets and partnerships. You agree we need not credit you. If you delete a photo or your account, we will remove it from the Service within a reasonable time. The licence continues for copies already distributed, included in materials already produced, or held in backups until they are overwritten.
To the extent permitted by law, you consent to us and our licensees doing anything with Your Content that would otherwise infringe your moral rights, including not attributing you and altering or cropping it. This consent is given under the Copyright Act 1968 (Cth).
Your promises
You confirm that you own Your Content or have every right needed to grant these rights. You also confirm that Your Content:
- does not infringe anyone's rights or privacy, and identifiable people in it have agreed to it being shared;
- is not unlawful, misleading, defamatory, hateful, sexual, violent, or harmful to children;
- does not show places where photography is culturally restricted or prohibited; and
- contains no personal information of others, advertising or spam.
We may review, hide, remove or refuse any content, and do not have to explain why. We do not endorse player content and are not responsible for it.
Feedback
If you send us ideas or suggestions, you assign to us any rights in them. We may use them freely, without payment or attribution.
7. Our intellectual property
The Service, including its software, design, artwork, names, logos, the Wrotrail brand, quest descriptions and map, belongs to Wrotrail or its licensors. We grant you a personal, revocable, non-exclusive, non-transferable licence to use the apps on devices you own or control, for your own non-commercial play, under these terms. All other rights are reserved. Map data and other third-party materials remain subject to their owners' terms. Many places in the quest catalogue, and the web map tiles, come from OpenStreetMap: © OpenStreetMap contributors, available under the Open Database License. Some place descriptions come from Wikidata (CC0).
8. Third-party services
The Service relies on third parties, such as Apple, Google, map providers, cloud hosts and email and push notification services. Their terms may also apply to you. We are not responsible for their services, except where a Non-Excludable Right applies.
9. Changes, availability and ending the Service
- The Service is provided free of charge. We may add, change, suspend or remove features, quests, Secret Quests and rewards at any time.
- We do not promise the Service will be uninterrupted, error-free or available in every location, or that GPS will always verify your position.
- You may stop using the Service and delete your account at any time in the app.
- We may suspend or close your account if you break these terms, if required by law, or if we stop offering the Service. Where reasonable, we will give you notice first.
- Sections 4, 6, 7, 10, 11 and 13 continue after your account ends.
10. Disclaimers and limitation of liability
Subject to your Non-Excludable Rights:
- the Service is provided "as is" and "as available". We exclude all warranties and representations not expressly stated in these terms, including about the accuracy of quest information, places reported by players, or the safety, legality or accessibility of any place;
- we are not liable for any injury, illness, death, loss or damage arising from travelling to, visiting or being at any place, or from your activities while doing so, except to the extent it is caused by our negligence or breach of these terms;
- we are not liable for indirect or consequential loss, or for loss of data, progress, profit, revenue, opportunity or goodwill; and
- our total liability to you in connection with the Service is limited to AUD 100.
If our liability for failing to meet a consumer guarantee can be limited, it is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
Nothing in these terms limits liability that cannot be limited by law, including for personal injury caused by our negligence where the law does not allow it.
11. Indemnity
You indemnify Wrotrail and its officers, employees and contractors against claims, losses, costs and liability, including reasonable legal costs. This covers what they incur because of Your Content, your breach of these terms, or your breach of any law or of a third party's rights, except to the extent caused by our own breach or negligence.
12. Apple and Google app stores
If you downloaded the app from the Apple App Store or Google Play:
- these terms are between you and Wrotrail only, not Apple or Google. We, not they, are responsible for the app, its content, maintenance and support, and any product claims (including legal compliance, consumer protection and intellectual property claims);
- to the maximum extent permitted by law, Apple has no warranty obligation for the app. If the app fails to conform to any applicable warranty, you may notify Apple, which may refund any purchase price (the app is free);
- you confirm you are not in a country subject to a U.S. Government embargo or designated as "terrorist supporting", and are not on any U.S. Government list of prohibited or restricted parties; and
- Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
13. Disputes and governing law
If you have a concern, please email us first. We will try to resolve it within 30 days. These terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of its courts and the federal courts of Australia. This does not affect your right to complain to a consumer protection regulator.
14. General
- We may update these terms. We will post the new version here with a new date. If a change materially affects you, we will tell you in the app or by email before it takes effect. Continuing to use the Service after that date means you accept the change. If you do not accept it, you may delete your account.
- We may transfer our rights and obligations under these terms to a successor of the Wrotrail business. You may not transfer yours.
- If any part of these terms is invalid or unenforceable, it will be read down or severed, and the rest continues to apply.
- If we do not enforce a term straight away, we have not waived it.
- These terms and our Privacy Policy are the entire agreement between us about the Service.
Contact us
Sprint Digital
Email: hello@wrotrail.com