Terms of Use 2017-06-09T14:38:50+00:00

Welcome to Bird Tree C.I.C. Thank you so much for coming! We want you to enjoy

visiting us, so to make sure you do, please follow our Terms of Use.

1. Accepting these Terms

This document and the other documents that we reference below make up our

Terms of Use (the “Terms” for short). The Terms are a legally binding contract

between you and Bird Tree C.I.C

This contract sets out your rights and responsibilities when you use birdtree.org.uk,

our mobile apps, and the services provided by Bird Tree C.I.C so please read it

carefully. By using any of our Services (even just browsing our website), you’re

agreeing to the Terms. If you don’t agree with the Terms, you may not use our

Services.

2. Policies

Bird Tree C.I.C connects Third Sector Organisations and entrepreneurs both online

and offline, to make, sell and buy unique goods. Below are link to specific Terms of

Use that are relevant to you, depending on how you use our services:

Terms for Sellers: If you list any items for sale through our Services, these policies

apply to you.

Terms for Buyers: If you use our Services to browse or shop, these policies apply to

you.

All of these policies are a part of our Terms, so be sure to read the ones that are

relevant for you.

3. Your Privacy

We know your personal information is important to you, so it’s important to us. Our

Privacy Policy details how your information is used when you use our Services, and

it’s also a part of our Terms

4. Your Account with Bird Tree C.I.C

You’ll need to become a Member with Bird Tree to use some of our Services. Here

are a few rules about Membership.

A. You must be 18 or older to use our Services. Otherwise, you may only use our

Services under the supervision of a parent or legal guardian.

B. Be honest with us. Provide accurate information about yourself. It’s not OK to

use false information or impersonate another person or company through your

account.

C. If you are a registered charity, company or a registered community organization

you must provide us with the company/charity registered number and use the legal

registered name. If you are an entrepreneur, please make sure that your username

or trading name is not offensive or infringes someone’s intellectual property rights

or this would violate the Terms.

D. Your membership will allow you to sell items from our website and access other

materials under license. The person whose billing information is on the membership

will ultimately be responsible for all activity. If you’re registering as a business

entity, you personally guarantee that you have the authority to agree to the Terms

on behalf of the business. Also, your accounts are not transferable.

E. Protect your password. As we mentioned above, you’re solely responsible for your

membership activity on your account, so it’s important to keep your account

password secure.

F. These Terms don't create any agency, partnership, joint venture, employment or

franchisee relationship between you and Bird Tree C.I.C.

5. Your Content

Content that you post using our Services is your content (so let’s refer to it as

“Your Content”). We don’t make any claim to it. That includes anything you post

using our Services (like usernames, shop names, profile pictures, listing photos,

listing descriptions, reviews, comments, etc.).

A. Responsibility for Your Content. You understand that you are solely responsible

for Your Content. You represent that you have all necessary rights to Your Content

and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content. By posting Your Content through our Services,

you grant Bird Tree C.I.C a license to use it. We don’t claim any ownership to Your

Content, but we have your permission to use it to help Bird Tree C.I.C function and

grow. That way, we won’t infringe any rights you have in Your Content and we can

help promote your stuff.

C. Rights You Grant Bird Tree C.I.C. (Here’s the legalese version of the last section).

By posting Your Content, you grant Bird Tree C.I.C a non-exclusive, worldwide,

royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit,

modify, reproduce, distribute, store, and prepare derivative works of Your Content to

provide the Services and to promote Bird Tree C.I.C, your Bird Tree C.I.C products, or

the Services in general, in any formats and through any channels, including across

any Bird Tree C.I.C Services or third-party website or advertising medium.

That sounds like a lot, but it’s necessary for us to keep Bird Tree C.I.C going.

Consider these examples: if you upload a photo of a listing on our Bird Tree C.I.C

online shop, first, we have permission to display it to buyers, and second, we can

resize it so it looks good to a buyer using our mobile app; if you post a beautiful

photo of your latest handmade necklace, we can feature it on our homepage, in one

of our blogs or even on a billboard to help promote your business and Bird Tree

C.I.C’s.

D. Reporting Unauthorised Content. Bird Tree C.I.C has great respect for intellectual

property rights, and is committed to following appropriate legal procedures to

remove infringing content from the Services. If content that you own or have rights

to has been posted to the Services without your permission and you want it

removed, please follow the steps listed in our Intellectual Property Policy. If Your

Content infringes another person’s intellectual property, we will remove it if we

receive proper notice. We’ll notify you if that happens.

E. Inappropriate, False or Misleading Content. This should be common sense, but

there are certain types of content we don’t want posted on Bird Tree C.I.C’s

website (for legal reasons or otherwise). You agree that you will not post any

content that is abusive, threatening, defamatory, obscene, vulgar or otherwise

offensive or in violation of our Prohibited Items Policy, Community Policy or any part

of our Terms. You also agree not to post any content that is false and misleading or

uses the Services in a manner that is fraudulent or deceptive.

6. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-

transferable and revocable license to use our Services—subject to the Terms and

the following restrictions in particular:

A. Don’t Use Our Services to Break the Law. You agree that you will not violate any

laws in connection with your use of the Services. This includes any local, or

international laws that may apply to you. For example, it’s your responsibility to

obtain any permits or licenses that your product requires; you may not sell anything

that violates any laws; and don’t commit fraud, theft or any other crimes against

Bird Tree C.I.C, another Bird Tree C.I.C user/Member or a third party.

B. Pay Your Bills. You are responsible for paying all fees that you owe to Bird Tree

C.I.C. You are also solely responsible for collecting and/or paying any applicable

taxes for any purchases or sales you make through our Services. Your fees, bills,

taxes and how you can pay them are fully explained in our Fees & Payments Policy.

C. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of

the Services or to reverse engineer or attempt to obtain the source code of the

Services. If you want to use our API, please follow our API Terms of Use.

D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt

our Services, for example by distributing a virus or other harmful computer code.

E. Follow Our Trademark Policy. The names 'Bird Tree C.I.C' and 'Bird Tree C.I.C

Studio', and the other Bird Tree C.I.C marks, phrases, logos and designs that we use

in connection with our Services, are trademarks, service marks or trade dress of

Bird Tree C.I.C in the U.S. and other countries. If you’d like to use our trademarks,

please follow our Trademark Policy.

F. Share Your Ideas. We love your suggestions and ideas! They can help us improve

your experience and our Services. Any unsolicited ideas or other materials you

submit to Bird Tree C.I.C (not including Your Content or items you sell through our

Services) are considered non-confidential and non-proprietary to you. You grant us a

non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license

to use and publish those ideas and materials for any purpose, without

compensation to you.

G. Talk to Us Online. Bird Tree C.I.C will provide you with certain legal information in

writing. By using our Services, you’re agreeing to our Electronic Communications

Policy, which describes how we provide that information to you. It says that we can

send you information electronically (by email, etc.) instead of mailing you paper

copies (it’s better for the environment), and that your electronic agreement is the

same as your signature on paper.

7. Termination

Termination By You. We hate to see you go, but you may terminate your account

with Bird Tree C.I.C at any time from your account settings. You can find more

information in this Help article. Terminating your account will not affect the

availability of some of Your Content that you posted through the Services prior to

termination. Oh, and you’ll still have to pay any outstanding bills.

Termination By Bird Tree C.I.C. We may terminate or suspend your account (and any

related accounts) and your access to the Services at any time, for any reason, and

without advance notice. If we do so, it’s important to understand that you don’t

have a contractual or legal right to continue to use our Services, for example, to sell

or buy on our websites or mobile apps. Bird Tree C.I.C may refuse service to anyone,

at any time, for any reason.

If you or Bird Tree C.I.C terminate your account, you may lose any information

associated with your account, including Your Content.

We May Discontinue the Services. Bird Tree C.I.C reserves the right to change,

suspend or discontinue any of the Services at any time, for any reason. We will not

be liable to you for the effect that any changes to the Services may have on you,

including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is

terminated, or your use of the Service ends.

8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase. You understand that Bird Tree C.I.C does not manufacture,

store or inspect any of the items sold through our Services. We provide the venue;

The items in our marketplaces are produced, listed and sold directly by independent

sellers, so Bird Tree C.I.C can't and does not make any warranties about their

quality, safety or even their legality. Any legal claim related to an item you purchase

must be brought directly against the seller of the item. You release Bird Tree C.I.C

from any claims related to items sold through our Services, including for defective

items, misrepresentations by sellers or items that caused physical injury (like

product liability claims).

Content You Access. You may come across materials that you find offensive or

inappropriate while using our Services. We make no representations concerning any

content posted by users/Members through the Services. Bird Tree C.I.C is not

responsible for the accuracy, copyright compliance, legality or decency of content

posted by users that you accessed through the Services. You release us from all

liability relating to that content.

People You Interact With. You can use the Services to interact with other

individuals, either online or in person. However, you understand that we do not

screen users of our Services, and you release us from all liability relating to your

interactions with other users. Please be careful and exercise caution and good

judgment in all interactions with others, especially if you are meeting someone in

person.

Third-Party Services. Our Services may contain links to third-party websites or

services that we don’t own or control (for example, links to Facebook, Twitter and

Pinterest). You may also need to use a third party’s product or service in order to

use some of our Services (like a compatible mobile device to use our mobile apps).

When you access these third-party services, you do so at your own risk. The third

parties may require you to accept their own terms of use. Bird Tree C.I.C is not a

party to those agreements; they are solely between you and the third party.

Warranties. Bird Tree C.I.C is dedicated to making our Services the best they can

be, but we’re not perfect and sometimes things can go wrong. You understand that

our Services are provided “as is” and without any kind of warranty (express or

implied). We are expressly disclaiming any warranties of title, non-infringement,

merchantability and fitness for a particular purpose, as well as any warranties

implied by a course of performance, course of dealing or usage of trade.

We do not guarantee that: (i) the Services will be secure or available at any

particular time or location; (ii) any defects or errors will be corrected; (iii) the

Services will be free of viruses or other harmful materials; or (iv) the results of

using the Services will meet your expectations. You use the Services solely at your

own risk. Some jurisdictions do not allow limitations on implied warranties, so the

above limitations may not apply to you.

Liability Limits. To the fullest extent permitted by law, neither Bird Tree C.I.C, nor

our employees or directors shall be liable to you for any lost profits or revenues, or

for any consequential, incidental, indirect, special or punitive damages arising out

of or in connection with the Services or these Terms. In no event shall Bird Tree

C.I.C’s aggregate liability for any damages exceed the greater of one hundred

(£100) GBP Pounds or the amount you paid Bird Tree C.I.C in the past twelve

months. Some jurisdictions do not allow limitations on incidental or consequential

damages, so the above limitations may not apply to you.

9. Indemnification

If Bird Tree C.I.C gets sued because of something that you did, you agree to defend

and indemnify us. That means you’ll defend Bird Tree C.I.C (including any of our

employees) and hold us harmless from any legal claim or demand (including

reasonable solicitors fees) that arises from your actions, your use (or misuse) of

our Services, your breach of the Terms or your membership, infringement of

someone else’s rights.

We reserve the right to handle our legal defence however we see fit, even if you are

indemnifying us, in which case you agree to cooperate with us so we can execute

our strategy.

10. Disputes with Other Users

If you find yourself in a dispute with another user/Member of Bird Tree C.I.C’s

Services or a third party, we encourage you to contact the other party and try to

resolve the dispute amicably.

Case System. Buyers and sellers who are unable to resolve a dispute related to a

transaction on our websites or mobile apps may participate in our Resolution

Option. Bird Tree C.I.C will attempt to help you resolve disputes in good faith and

based solely on our interpretation of our policies, in our sole discretion; we will not

make judgments regarding legal issues or claims. Bird Tree C.I.C has no obligation

to resolve any disputes.

Release of Bird Tree C.I.C. You release Bird Tree C.I.C from any claims, demands and

damages arising out of disputes with other users or parties.

11. Disputes with Bird Tree C.I.C

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if

we can’t, then these rules will govern any legal dispute involving our Services:

A. Governing Law. The Terms are governed by the courts of England and Wales.

These laws will apply no matter where in the world you live.

B. Arbitration. You and Bird Tree C.I.C agree that any dispute or claim arising from or

relating to the Terms shall be finally settled by arbitration. Judgment on the

arbitration award may be entered in any court that has jurisdiction. Any arbitration

under the Terms will take place on an individual basis. Notwithstanding the

foregoing, each party shall have the right to bring an action in a court of proper

jurisdiction for injunctive or other equitable or conservatory relief, pending a final

decision by the arbitrator.

C. Forum. We’re based in Hampshire, so any legal action against Bird Tree C.I.C

related to our Services must be filed and take place in Hampshire.

12. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are

material, we’ll definitely let you know by doing one (or more) of the following: (1)

posting the changes through the Services or (2) sending you an email or message

about the changes. That way you can decide whether you want to continue using

the Services. Changes will be effective upon the posting of the changes. You are

responsible for reviewing and becoming familiar with any changes. Your use of the

Services following the changes constitutes your acceptance of the updated Terms.

13. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any

other agreement between you and Bird Tree C.I.C regarding the Services. If any part

of the Terms is found to be unenforceable, that part will be limited to the minimum

extent necessary so that the Terms will otherwise remain in full force and effect.

Our failure to enforce any part of the Terms is not a waiver of our right to later

enforce that or any other part of the Terms. We may assign any of our rights and

obligations under the Terms.

14. Contact Information

If you have any questions about the Terms, please email us at: info@birdtree.org.uk