Terms of Use

These are the terms of use of Bird Spot. In this document, “we”, “our”, or “us” refer to Bird Spot.

By using our site, you accept these terms and conditions

By using our site, you confirm that you accept these terms of use and you agree to comply with them. If you do not agree to these terms, you must not use our site.

Other terms that may apply to you

These terms of use refer to the following additional terms, which will also apply to the use of our site.:

Our Privacy Policy,which explains how we use your personal information.

Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

Our Cookie Policy, which explains how we use cookies on the site.

Our Affiliate Disclosure, which explains how we monetise the site.

We may make changes to these terms

We amend these terms from time to time. These terms were most recently updated in November 2019.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products and services, our customers’ needs, and our business priorities and to ensure information is accurate and up-to-date. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available of uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business or operational reasons. We will try to give you reasonable notice if we have to suspend or withdraw the site.

You are also responsible for ensuring that all persons who access the site through your internet connection or devices are aware of these terms of use and other applicable terms and conditions and that they comply with them.

Accessing your account

You must provide us with your email address and a password so that you can log on to our internet service and access your account details. When you use your email address and password you are authorizing us to carry out all the instructions you have given us on this site.

You must keep your account details safe

We will only allow you to log on and use the online account section of the site if you use your email address and password. For your protection, if you enter your email address and password incorrectly three times, then we will block access to your account. If we block your account, we will send you instructions so you can reactivate it. You must make sure nobody else knows your password, even someone who works for Bird Spot. If you think that somebody knows your password, you can change your password through our site or by contacting us.

Unused, lapsed, and duplicate accounts

We have the right to delete your account where you have:

  • Set up more than one online account (duplicate accounts).
  • Not used your account for more than 12 months (unused or lapsed account).
  • Set up an account with an invalid email address.
  • In our reasonable opinion, failed to comply with any of these terms.

Where possible we will contact you by email before we delete any accounts. If we delete your account, you can ask for a new account at any time.

Monitoring phone calls, emails, and online chats

We may monitor and record phone calls, emails and online chats. This will help us improve our service and make sure we keep to practices and procedures. By recording phone calls, emails and online chats, we can provide evidence of any contracts you enter into over the phone, email or online chat.

How you may use the material on our site

We are the owner or the licensee of any intellectual property rights on our site, and of the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print one copy and download extracts of any pages from our site for your personal use and you may draw the attention of others within your organization to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video, audio sequences, or graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print a copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, on request, return or destroy any copies of materials you have made.

Do not rely on the information on this site

The content on our site is provided for general information only. It is not intended to be advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of this site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third-parties, these links are provided for information only. Such links should not be interpreted as approval by us of those linked sites or information you may obtain from them.

We have no control over the content of those sites or resources, and we will not accept responsibility or liability for sites we link to.

User-generated content is not approved by us

This site may include information and materials uploaded by other users of this site, including to forums, groups, comment boxes, and webchats. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not necessarily represent our views or values.

If you wish to complain about information or materials uploaded by other users, please contact us using the details set out at the top of these terms.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence or our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply or any products or services to you, which will be set out in our terms and conditions.

Please note we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions, or to have in place the minimum system requirements advised by us.

Although we have taken care in preparing the contents of this site, we do not endorse any of the information, names, pictures, images, logos, icons, and so on relating to Unionise, or our products or services for any other organization’s products and services. Also, we do not provide any warranties of any kind. This includes suggestions that a product or service will be:

  • Of satisfactory quality
  • Fit for a particular purpose
  • Legal
  • Compatible with equipment you already have
  • Secure, or
  • Accurate.

As far as the law allows, we will exclude all such terms and warranties. We will not, under any circumstances, be responsible for any losses you suffer as a result of using this website including loss of profits, loss of data, or loss of goodwill, whether these losses are direct or indirect financial (monetary) losses, losses that are not a direct consequence of our behaviour and losses that we could not have been expected to foresee.

We do not warrant that the information in this site is accurate or complete, or that we have checked it. We will not be responsible for checking that the information is accurate or complete, or if any person relies on this information. We do not warrant that the functions or materials on this website, or which you can access from this website, will be uninterrupted or free from errors, that we will correct any errors, or that this site or server that makes it available are virus or bug free or represent the full functionality (range), accuracy, and reliability of the materials.

We are not responsible if you cannot access or use the site due to the failure of any machine, data-processing system or transmission link, any period of maintenance, change, repairs, alteration to or failure of computer systems, any industrial dispute, or anything beyond our reasonable control, or beyond that of our agents or subcontractors.

If any of these terms and conditions (or any terms and conditions relating to a product or service referred to in this site) should be determined to be illegal, invalid, or otherwise unenforceable under the laws of any state or country in which terms and conditions are meant to be effective, we will delete the relevant terms (only in the state or country where they are illegal, invalid or unenforceable), and the remaining terms and conditions will continue to be effective, binding, and enforceable.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the Rights you are giving us to use material you upload section below.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

A perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the site, and across different media. We may also use the content to promote our site or products or services.

In addition, a perpetual licence that allows third parties (for example, other users, partners, or advertisers) to use the content for their purposes or in accordance with the functionality of the site.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from viruses of bugs.

You are responsible for configuring your information technology, computer programmes, and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer, or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to any page on our site, providing you do so in a way that if fair and legal, and does not damage our reputation, or take advantage of it. You must not establish a link in such a way that suggests any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site. We reserve the right to withdraw linking permissions without notice.

The website you are linking from must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link or make any use of content on our site other than that set out above, please contact us.

The country's laws that apply to any disputes

Please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings from Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

November 2019