LAST UPDATED: August 2019
Birdline and Birdline Parrot Rescue are trading names of Birdline U.K. Ltd. Birdline is registered in England and Wales under company number 05925887 and its registered office is at International House, 12 Constance Street, London, E16 2DQ. We are a register charity in England and Wales under Charity Number 1125030 and in Scotland with number SC043288. We are not VAT registered.
Agreement between you and Birdline
These general Terms and Conditions (“Terms”), together with any others listed here are an agreement (“Agreement”) between you and Birdline and cover your use of the information, software, products and services made available through Birdline.co.uk (the “Website”).
These Terms govern your use of the Website and your relationship with the organisation as either a guest /user or a fee paying member. Please read these Terms carefully before you start using the Website. You must be the legal age of majority in the United Kingdom in order to use the Website. The Website is offered to you conditional upon your acceptance of these Terms and any notices contained in these Terms and the Website itself. By using the Website you agree to be bound by these Terms and notices. If you do not agree to these Terms, please do not register for or use www.birdline.co.uk.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
Validity of electronic signatures
Birdline enables you to send and receive valid electronic signatures in the United Kingdom under the Regulation (EU) No 910/2014 (the “eIDAS Regulation”). By using the Website and the services, you consent to using electronic signatures. You also agree that no certification authority or other third party verification is needed to validate your electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature or any resulting contract signed using Birdline’s technology.
We reserve the right to vary or increase our membership fees and the charges for our other services and products. The prices displayed on our website are in UK Pounds Sterling.
We may from time to time offer merchandising for sale on this website. All goods are offered for sale subject to availability, and are as described (some may differ slightly from their picture). We regret that occasionally it may not be possible to complete an order if stock runs out or if it is withdrawn for any reason. If there is a problem we will let you know as soon as we can and will refund in full any money that you have already paid to us for the goods in question. Overseas customers are responsible for the payment of any applicable customs duties or taxes in their own country, and failure to pay customs duties or taxes is likely to result in your package being destroyed. You will own the goods only once we have received payment in full, but we will remain responsible for it until we have delivered it to the specified delivery address, or it has been collected by you or on your behalf.
Please ensure your order details are correct before clicking the ‘PURCHASE’ button. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. You are responsible for ensuring the accuracy of your order and we shall supply you, subject to availability, with the quantity and specification of goods set out in your order. While your card may be debited before the contract is formed, if the order is ultimately rejected, a full refund will be made immediately. Should, after you have placed your order or register with us, you notice that any details are incorrect, please contact us without delay in order to amend any inaccurate details. We will deliver to the address you have provided so it is important that you ensure these details are correct.
If you change your mind, you may cancel the contract between us at any time within 14 days of receiving the goods. If you do cancel your order before it is dispatched, you will receive a full refund of the price paid for the order within 14 days of you telling us you want to cancel. If you cancel your order once you have received it, please return the goods to us as soon as possible, in the same condition in which you received them and not later than 14 days of you telling us you want to cancel.
When you return goods to us:
- because you have cancelled the contract between us within the 14 day cooling-off period described above, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. We reserve the right to deduct p&p costs from any refunds given. You will be responsible for the cost of returning the item to us.
- because the goods are defective, we will examine the returned goods in order to assess your entitlement to a refund. If we agree that the goods are defective, you will either be refunded in full (including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us) within 14 days of receipt of the returned goods, or we will replace the goods free of charge (in which case we will refund your reasonable costs in returning the goods to us). If you do not notify us of a defect in any goods within a reasonable period of time, we shall have no liability for any defects and you will not be entitled to a refund or replacement.
- for any other reason, we will refund the value of the goods supplied or exchange the goods in question, provided that they are returned to us in their original, undamaged packaging within 14 days of delivery. If we find that the goods have not been returned to us in fully resaleable condition, we reserve the right to refuse a refund on the item. We will repay any such refunds within 14 days from receipt of the returned goods without any further charge to you except the direct cost of returning the goods.
- Any goods to be returned must be returned, along with their original invoice, to the address specified on the invoice for the goods. Returned goods should be sent by recorded delivery.
Membership of Birdline U.K. Ltd.
Membership is only available to residents of the United Kingdom. Membership entitles you to apply to Safehouse or Foster one or more birds. However, no guarantee is made by us that you will receive a bird and these services are subject to additional terms as outlined in the Membership, Safehouse and Foster agreements.
Cancellation of your membership
If for any reason you decide that you do not want to continue with your membership, you can cancel it on the Website, on your account Dashboard, and your account will be automatically downgraded to a free user account. You have 14 (fourteen) calendar days (the Statutory Period) from the date you signed up to Birdline’s membership in which to cancel and be eligible for a refund. Any request for a refund has to be made before the end of the Statutory Period, otherwise, you will not be entitled to a refund. If you do not cancel your membership and request a refund within 14 days, you will not be entitled to a refund. To request a refund, please contact us at [email protected]
It is your responsibility to ensure that your membership stays current. Whilst we may endeavour to remind you prior to your current membership expiring, we are under no obligation to do so. Recurring plans will automatically renew on an annual basis until cancelled by you. If you are enrolled in either a Birdline annual or recurring membership plan and fail to provide a full subscription payment on time, we reserve the right to deem such a failure as notice of cancellation and cancel your membership immediately.
No unlawful or prohibited use
As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You will not use the Website in any manner which could damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You will not obtain nor attempt to obtain any materials or information through any means not intentionally provided for on the Website.
The Website’s Content is for your personal use only and not for resale, re-use or re-publication in any form. For the avoidance of doubt, your use of the Website constitutes acceptance of these Terms and your promise that you will not attempt to commercially benefit from the Content without our written express consent.
You must not use the material in a derogatory manner. If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Acceptable use of communication services
Birdline may provide through this Website and by other technological means a variety of Communication Services such as bulletin boards, chat areas, news groups, forums, communities, email and/or other message or communication facilities designed to enable you to communicate with the volunteers of Birdline, the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
You agree that when using a Communication Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise breach the legal rights (such as rights of privacy and publicity) of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control these rights or have received all necessary consents;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- restrict or inhibit any other user from using and enjoying the Communication Services;
- breach any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
- breach any applicable laws or regulations.
We reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. Birdline reserves the right to terminate your access to any or all of the Communication Services at any time without notice if we reasonably believe that you have breached or are likely to breach these Terms or are misusing the Communication Services in any way.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for keeping within these limitations if you download the materials.
Ownership and preservation of your materials
Birdline does not own any of the materials you provide to us (including feedback or suggestions) or post, upload, input or submit to Birdline’s website or its associated communications services (collectively, your “Submissions”).
By posting, uploading, inputting, providing or submitting your Submission, you grant Birdline permission to use your Submission in connection with the operation of their Organisation, including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid in relation to the use of your Submission. We are under no obligation to post or use any Submission you provide and may remove any Submission at any time in our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our discretion.
The information and opinions provided on this a Website, other Communication services, or in person by Birdline representatives, does not constitute professional or medical advice and we cannot guarantee that it is correct, current or up-to-date, nor suitable for every situation. You should consult an avian vet if you have any concerns regarding the health and well-being of your bird.
The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information on the Website. Birdline and/or its suppliers may make improvements and/or changes to the Website at any time.
Although Birdline will use its reasonable efforts to keep the Website available and the information on the Website reasonably accurate, Birdline and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Birdline and/or its suppliers disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Birdline’s liability to you for any loss or damage is limited to damages of an amount equal to the subscription fee received by Birdline for the twelve month subscription period prior to the date on which the liability arose.
Under this paragraph:
- “Birdline’s liability” includes our agents, subcontractors and volunteers;
- “You” includes any other party claiming through you; and
- “Loss or damage” includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with use of the Website and the services described herein, whether under this agreement or other agreement or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence.
This section of the Terms does not affect claims relating to death or personal injury caused by negligence and does not limit or exclude any liability for fraudulent misrepresentation.
Links to third party websites
Birdline’s website and other communication services may contain links to third party resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience to help you identify and locate other resources that may be of interest to you. Birdline does not sponsor and is not legally associated with any third party Linked Sites.
Birdline does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website.
Our performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
We may provide you with notices, including those regarding changes to the Terms by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.
A printed version of the Agreement, and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
We aim to update the Website regularly and can change the content at any time. We will use our reasonable efforts to keep the Website available to you, but if necessary, we may suspend access to the Website, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period.
Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the Website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the Website.
You must not assign or otherwise transfer the Terms, or any right granted under them, without our written consent. We can freely transfer our rights under the Terms.
Any failure by us to enforce or exercise any provision of the Terms, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in this Agreement are reserved. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the laws of England, Wales and Scotland.