These Terms of Service (“Terms”) govern your use of What Birds website, accessible at https://www.whatbirds.com/ (the “Site”). Please read these Terms carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you should not use the Site.
- Use of the Site
1.1 Eligibility: You must be at least 13 years old to access and use the Site. By using the Site, you represent and warrant that you are 13 years of age or older.
1.2 Permitted Use: You are granted a non-exclusive, non-transferable, revocable license to access and use the Site for personal and non-commercial purposes. You may not use the Site for any illegal or unauthorized purpose, or in violation of these Terms.
1.3 Account Creation: Certain features or services on the Site may require you to create an account. When creating an account, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized use or suspected security breach of your account.
- Intellectual Property
2.1 Site Content: The Site and its content, including but not limited to text, graphics, logos, images, software, and other materials, are protected by intellectual property laws and are the property of What Birds or its licensors. You may not modify, reproduce, distribute, transmit, display, perform, or create derivative works of any content on the Site without prior written permission from What Birds.
2.2 Trademarks: “What Birds” and its associated logos are trademarks owned by What Birds. You may not use these trademarks in connection with any product or service without our prior written consent.
- Third-Party Websites and Content
3.1 Links to Third-Party Websites: The Site may contain links to third-party websites or resources that are not owned or controlled by What Birds. We do not endorse or assume any responsibility for the content, privacy policies, or practices of these third-party websites. You acknowledge and agree that What Birds shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites.
3.2 User-Generated Content: The Site may allow users to submit comments, reviews, or other user-generated content. By submitting such content, you grant What Birds a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media.
- Disclaimer of Warranties
4.1 The Site and its content are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. What Birds disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
4.2 What Birds does not warrant that the Site will be uninterrupted, error-free, or secure. You understand and agree that any content or information obtained through the use of the Site is done at your own discretion and risk.
- Limitation of Liability
5.1 What Birds and its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential,exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use or inability to use the Site.
5.2 What Birds shall not be liable for any errors, inaccuracies, or omissions in the content on the Site or for any loss or damage resulting from reliance on such content.
5.3 The above limitations of liability apply to the fullest extent permitted by applicable law. If you are dissatisfied with the Site or any of its content, your sole and exclusive remedy is to discontinue using the Site.
- Indemnification
6.1 You agree to defend, indemnify, and hold harmless What Birds and its affiliates, directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site.
- Termination
7.1 What Birds reserves the right to suspend or terminate your access to the Site, without prior notice or liability, for any reason, including but not limited to a violation of these Terms.
7.2 Upon termination, your right to use the Site will immediately cease, and you must discontinue any use of the Site.
- Governing Law and Jurisdiction
8.1 These Terms shall be governed by and construed in accordance with the laws of Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Australia.
- Entire Agreement
9.1 These Terms constitute the entire agreement between you and What Birds regarding your use of the Site and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and What Birds.
- Severability
10.1 If any provision of these Terms is found to be invalid or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
- Changes to the Terms
11.1 What Birds reserves the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms on the Site. Your continued use of the Site after the posting of any changes constitutes your acceptance of the modified Terms.
If you have any questions or concerns about these Terms, please contact us through our website.
Last updated: September 29th 2023