BirdPOV Terms of Service

OVERVIEW

This website is operated by BirdPOV. Throughout the site, the terms “we”, “us” and “our” refer to BirdPOV.

BirdPOV offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”, “Terms of Service”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, or by purchasing a product from us, you agree to be bound by these Terms of Service.

If you do not agree to these Terms, you may not access the website or use our Services.

Any new features, products, services or tools added to the current store shall also be subject to these Terms of Service.

You can review the most current version of the Terms of Service at any time on this page.

Our store is hosted by Shopify Inc. Shopify provides the e-commerce platform that enables us to sell our products and services to you.

Nothing in these Terms is intended to exclude, restrict or limit any mandatory rights that you may have under applicable consumer protection law.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you have the legal capacity to enter into a binding agreement under the laws applicable to you.

You may not use our products, website or Services for any illegal or unauthorised purpose, nor may you violate any applicable laws in your use of the Service, including intellectual property and copyright laws.

You must not transmit any worms, viruses, malware, malicious code or other technology of a destructive nature.

A breach or violation of these Terms may result in suspension or termination of your access to our Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse or restrict Service, cancel orders or limit transactions where we reasonably believe this is necessary, including in cases of suspected fraud, misuse, unlawful activity, payment issues, resale activity or violation of these Terms.

You understand that content you submit to the website, excluding payment information, may be transmitted over various networks and adapted to technical requirements of connecting networks or devices.

Payment information is processed through secure payment providers and is encrypted where required by the relevant payment systems.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, access to the Service, website content or contact through which the Service is provided without our express written permission.

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure that information provided through our website is accurate, complete and current.

However, information made available on this site may occasionally contain errors, inaccuracies or omissions.

General informational content on the website should not necessarily be relied upon as the sole basis for making decisions where more complete or up-to-date information may reasonably be required.

This site may contain historical information that is provided for reference purposes only.

We reserve the right to modify the contents of the website at any time, subject to applicable law.

Nothing in this section limits our responsibility to provide consumers with legally required, accurate pre-contractual product information.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change without notice.

Any price change will not affect a purchase agreement that has already been concluded at an agreed price.

We reserve the right to modify, suspend or discontinue parts of our website or Service where reasonably necessary.

To the maximum extent permitted by applicable law, we shall not be liable to you or any third party for changes to website functionality, pricing, suspension or discontinuation of website features.

This does not affect obligations arising from purchases already made or any mandatory statutory rights.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through our website.

Products may have limited quantities and may be returned or exchanged in accordance with our Return & Refund Policy and applicable consumer law.

We have made reasonable efforts to display the colours, images, dimensions, specifications and appearance of our products as accurately as possible.

However, we cannot guarantee that the display of any colour or image on your device will be completely accurate.

Minor variations in colour, packaging, materials or appearance may occur due to manufacturing updates, photography, screen settings or product improvements, provided that such variations do not materially change the agreed characteristics of the product.

We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region or jurisdiction where permitted by law.

We may limit quantities purchased per customer, household, account or order where reasonably necessary.

All descriptions of products and product pricing are subject to change at any time before a purchase agreement has been concluded.

We reserve the right to discontinue any product at any time.

Product expectations

We do not warrant or guarantee that the quality, appearance, functionality or experience of any product, service, information or other material purchased or obtained by you will satisfy every subjective or personal expectation you may have.

Product performance may depend on environmental conditions, installation, compatibility, internet connection, Wi-Fi coverage, third-party services and the manner in which the product is used.

To the maximum extent permitted by applicable law, BirdPOV does not guarantee results or functionality beyond the characteristics, specifications and functionality expressly described by us at the time of purchase.

Nothing in this section excludes or limits your statutory right to receive a product that conforms to the purchase agreement and has the qualities and functionality you may reasonably expect under applicable consumer law.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit or cancel an order where we have reasonable grounds to do so.

Restrictions may include orders placed through the same customer account, using the same payment method, billing address or shipping address.

We may also limit or prohibit orders that reasonably appear to be placed by unauthorised dealers, resellers or distributors.

If we change or cancel an order after it has been placed, we will make reasonable efforts to notify you using the email address, billing address or other contact information provided with the order.

Where we cancel an order after receiving payment, we will refund the applicable amount.

You agree to provide current, complete and accurate purchase, delivery and account information.

You agree to promptly update relevant information where necessary so that we can complete your transactions and contact you as needed.

For more information about returns and refunds, please review our Return & Refund Policy.

SECTION 7 - THIRD-PARTY TOOLS, APPS AND SMART FEATURES

Certain BirdPOV products may use or integrate with third-party applications, software, artificial intelligence functionality, cloud services or other third-party tools.

These may include applications used for camera access, notifications, video storage, bird identification and other smart functionality.

We may provide or facilitate access to third-party tools over which we may have limited or no control.

Where such tools are operated independently by third parties, their own terms of service, privacy policies and subscription conditions may apply.

Optional premium functionality or paid third-party subscriptions are not included in the purchase price unless explicitly stated otherwise at the time of purchase.

Third-party tools may be modified, updated, temporarily unavailable or discontinued by their respective providers.

To the maximum extent permitted by law, BirdPOV is not responsible for independent changes made by third-party service providers.

Any use of optional third-party tools is subject to the terms of the relevant third-party provider.

Nothing in this section limits BirdPOV's statutory responsibilities where third-party digital functionality forms part of the product or purchase agreement under applicable consumer law.

SECTION 8 - WI-FI, INTERNET AND DEVICE COMPATIBILITY

Certain BirdPOV products require Wi-Fi, internet access, a compatible mobile device and/or a compatible application to use connected features.

It is your responsibility to verify the technical requirements disclosed on the applicable product page before purchase.

The performance of connected functionality may be affected by factors outside our reasonable control, including:

  • Wi-Fi signal strength;

  • router configuration;

  • internet outages;

  • network congestion;

  • device compatibility;

  • operating system updates;

  • firewall or network restrictions;

  • third-party app outages;

  • third-party server availability; and

  • environmental conditions.

BirdPOV cannot guarantee uninterrupted access to features that depend on your internet connection, local network or independently operated third-party infrastructure.

Nothing in this section excludes any mandatory legal rights where the product itself fails to conform to the purchase agreement.


Please carefully review the policies and terms of any third-party service before engaging in a transaction with that third party.

SECTION 9 - USER COMMENTS, REVIEWS, FEEDBACK AND OTHER SUBMISSIONS

If you submit reviews, comments, photographs, videos, suggestions, ideas, feedback or other content to BirdPOV, you retain ownership of the content you create.

By submitting such content to us, you grant BirdPOV a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display, distribute, translate and adapt that content in connection with our website, products, advertising, social media and marketing.

You represent that you have the necessary rights to submit the content.

You agree that your content will not:

  • violate the intellectual property rights of third parties;

  • violate privacy or personality rights;

  • contain unlawful, defamatory or malicious material;

  • contain malware or harmful code;

  • contain intentionally false or misleading information; or

  • falsely impersonate another person.

We may monitor, edit or remove content where reasonably necessary because it is unlawful, abusive, offensive, fraudulent, spam, unrelated to the product or violates these Terms.

BirdPOV will not remove genuine customer reviews merely because they express a negative opinion about a product or our Service.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through our website is governed by our Privacy Policy.

Please review our Privacy Policy for information regarding how BirdPOV collects, processes, stores and protects personal information.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information at any time.

Where information relating to an order is materially incorrect, we may contact you and, where legally permitted, correct or cancel the relevant order.

If an order is cancelled by us after payment has been received, the relevant amount will be refunded.

An obvious pricing error that a reasonable customer should have recognised as an error does not automatically entitle the customer to purchase the product at that incorrect price.

Nothing in this section allows BirdPOV to retrospectively alter a valid purchase agreement or remove rights granted by mandatory law.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions contained in these Terms of Service, you are prohibited from using the website, Service or its content:

  • (a) for any unlawful purpose;

  • (b) to solicit others to perform or participate in unlawful acts;

  • (c) to violate applicable laws, regulations or rules;

  • (d) to infringe upon or violate our intellectual property rights or those of others;

  • (e) to harass, abuse, threaten, defame, intimidate or unlawfully discriminate against others;

  • (f) to submit intentionally false or misleading information;

  • (g) to upload or transmit viruses, malware or other malicious code;

  • (h) to unlawfully collect or track personal information of others;

  • (i) to spam, phish, pharm, pretext, spider, crawl, scrape or otherwise systematically extract information without our permission where such activity is not permitted by law;

  • (j) for fraudulent, obscene or unlawful purposes;

  • (k) to interfere with or circumvent security features of the Service, website or connected systems;

  • (l) to conduct unauthorised resale activity; or

  • (m) to attempt unauthorised access to our systems, accounts or infrastructure.

We reserve the right to terminate or restrict access to our Service where we reasonably believe these prohibited uses have occurred.

SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our website or online Service will always be uninterrupted, timely, secure or error-free.

We do not warrant that every result obtained through website features, third-party tools, artificial intelligence functionality or other optional digital services will always be accurate, complete or reliable.

From time to time, access to the Service or certain functionality may be suspended or unavailable due to maintenance, updates, technical failures, third-party outages or circumstances outside our reasonable control.

Website and optional services

To the maximum extent permitted by applicable law, our website and optional online functionality are provided on an “as is” and “as available” basis.

To the maximum extent permitted by applicable law, we disclaim representations, warranties or conditions relating to uninterrupted availability of optional online services or independent third-party services.

Products

To the maximum extent permitted by applicable law, BirdPOV makes no warranties or representations regarding its products other than:

  • 1. warranties expressly stated by BirdPOV; and

  • 2. warranties, guarantees, conformity requirements and other rights that cannot legally be excluded under applicable law.

We do not guarantee that a product will meet every subjective expectation, preference or intended use that was not communicated to us and was not reasonably apparent from the nature or description of the product.

Limitation of liability

To the maximum extent permitted by applicable law, BirdPOV, its owners, employees, affiliates, contractors, suppliers, service providers and licensors shall not be liable for indirect, incidental, special, punitive or consequential loss or damage, including without limitation:

  • loss of profit;

  • loss of revenue;

  • loss of opportunity;

  • loss of savings;

  • loss of business;

  • loss of data; or

  • similar indirect commercial losses,

arising from the use of the website, Service or products, where such liability may legally be excluded or limited.

To the maximum extent permitted by applicable law, BirdPOV shall not be responsible for loss or damage caused solely by:

  • improper use;

  • failure to follow clear product instructions;

  • unauthorised modifications;

  • incorrect installation;

  • incompatible equipment where compatibility requirements were clearly communicated;

  • inadequate Wi-Fi or internet connectivity;

  • independent third-party outages;

  • circumstances outside BirdPOV's reasonable control; or

  • intentional or negligent misuse by the customer.

Where applicable law does not permit a particular exclusion or limitation of liability, that exclusion or limitation shall apply only to the maximum extent permitted by law.

Nothing in these Terms excludes or limits liability where such exclusion is prohibited by law, nor does anything in these Terms exclude or restrict mandatory consumer rights, including statutory rights relating to product conformity, repair, replacement, price reduction, termination of the purchase agreement or refund.


SECTION 14 - RETURNS, WITHDRAWAL AND REFUNDS

Consumers may have a statutory right to withdraw from an online purchase.

Where applicable, consumers have at least 14 days after receiving a product to notify BirdPOV that they wish to exercise their statutory right of withdrawal.

BirdPOV may additionally offer a voluntary 30-Day Money-Back Promise, subject to the conditions stated in our Return & Refund Policy.

Our voluntary return policy does not replace, reduce or restrict your statutory rights.

Further details regarding:

  • returns;

  • return shipping;

  • withdrawal;

  • refunds;

  • damaged products;

  • defective products; and

  • our 30-Day Money-Back Promise.

These are provided in our Return & Refund Policy.

SECTION 15 - LEGAL GUARANTEE AND PRODUCT CONFORMITY

Products purchased by consumers are covered by mandatory statutory conformity rights where applicable.

BirdPOV is responsible for delivering products that comply with the purchase agreement and possess the quality and characteristics that a consumer may reasonably expect based on the agreement, product description, price, intended purpose and other relevant circumstances.

If a product is defective or fails sooner than you may reasonably expect under normal use, you may have rights to repair, replacement, price reduction, termination of the agreement or refund under applicable law.

Any manufacturer's warranty or voluntary BirdPOV warranty is additional to these statutory rights and does not replace them.

SECTION 16 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid or unenforceable, that provision shall be enforceable to the maximum extent permitted by applicable law.

Any unenforceable portion shall be deemed severed or limited as necessary, and the validity and enforceability of the remaining provisions shall not be affected.

SECTION 17 - TERMINATION

These Terms of Service remain effective while you use our website or Services.

You may stop using our website or Services at any time.

If we reasonably determine that you have materially violated these Terms, engaged in fraud, attempted to compromise our systems or otherwise unlawfully used our Services, we may suspend or terminate your access.

Termination does not affect rights, payment obligations, purchase agreements or liabilities that arose before termination.

SECTION 18 - FORCE MAJEURE

To the maximum extent permitted by law, BirdPOV shall not be liable for delays or failures caused by circumstances beyond our reasonable control.

Such circumstances may include natural disasters, war, civil unrest, government action, major transport disruption, widespread telecommunications failures, major infrastructure outages or other exceptional events beyond our reasonable control.

We will take reasonable steps to minimise the effect of such circumstances.

Mandatory consumer rights relating to delivery and termination remain unaffected.

SECTION 19- CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change or replace parts of these Terms to reflect legal, operational, technical or business changes.

Changes will apply to future use of our website and future purchase agreements from their effective date.

Changes to these Terms will not retrospectively remove or reduce rights arising from purchase agreements already concluded unless legally permitted.

SECTION 20 - DISPUTES

If you have a complaint or dispute, we encourage you to contact us first so that we can attempt to resolve the matter directly.

Disputes may be submitted to the competent court in accordance with applicable law.

Nothing in these Terms restricts a consumer's right to bring proceedings before a court that has jurisdiction under mandatory consumer law.

SECTION 21 - CONTACT INFORMATION

Questions regarding these Terms of Service should be sent to: info@birdpov.com