Terms and conditions
Welcome to BirdHub India (“we,” “our,” “us”). These Terms of Use (“Terms”) govern your access to and use of our mobile application (the “App”). By downloading, accessing, or using the App, you agree to comply with these Terms. If you do not agree, please do not use the App.
1. Eligibility
User Age & Consent : The App is designed for users of all ages, including school children, college students, and adults interested in bird-watching. However, users under the age of 18 must obtain explicit consent from a parent, guardian, or educational institution before registering or submitting personal information. By using the App, you confirm that you have the legal capacity to agree to these Terms and that you meet the eligibility requirements as per applicable laws in India.
Legal Compliance : By using the App, you confirm that your activities comply with all applicable laws and regulations of India. You must not use the App for any purpose that is illegal, unauthorized, or inconsistent with these Terms. Any violation of local, state, or national laws while using the App may result in the termination of your account and potential legal action.
2. Account Registration & Security
Account Creation : To access certain features of the App, users may be required to register an account by providing accurate, complete, and up-to-date information. You agree to provide truthful and lawful information and update your account details as needed.
User Responsibility : You are solely responsible for maintaining the confidentiality of your login credentials, including your username and password. You must not share your account details with any third party. Any activity conducted through your account will be deemed to have been performed by you.
Unauthorized Access & Notification : If you suspect unauthorized access to your account, you must notify us immediately. We are not responsible for any loss or damage arising from unauthorized use of your account if you fail to secure your login details.
Account Termination & Suspension : We reserve the right to suspend or terminate your account at our sole discretion if we determine that you have violated these Terms, engaged in prohibited activities, provided false information, or attempted to harm the App or its users in any way.
3. User Conduct & Content Guidelines
Permitted Use : The App is intended for sharing, learning, and engaging in bird-watching activities. Users may upload, share, and interact with bird-related content such as images, audio recordings, and participation in bird-watching events.
Prohibited Activities : You agree not to:
- Upload, post, or share content that is offensive, defamatory, obscene, threatening, illegal, or violates intellectual property rights.
- Engage in abusive, harassing, discriminatory, or harmful behavior towards other users.
- Impersonate another person or misrepresent your identity.
- Use the App for commercial activities, advertising, or solicitation without prior authorization.
- Introduce viruses, malware, or engage in activities that may compromise the security of the App.
- Attempt to disrupt or interfere with the App’s functionality or network.
Content Ownership & License : By uploading content, you confirm that you have the necessary rights to share such content. You grant us a non-exclusive, worldwide, royalty-free license to use, distribute, and display the content within the App for operational and promotional purposes. You retain ownership of your content but acknowledge that it may be viewed, shared, and interacted with by other users.
4. Intellectual Property Rights
Ownership of App & Content: We own all intellectual property rights, including copyrights, trademarks, and proprietary rights, associated with the App, its features, design, user interface, branding, and all content made available by us within the App. This includes text, graphics, images, software, and other materials provided by us.
Third-Party Intellectual Property : If any content available on our App is owned by a third party, we will provide appropriate attribution and acknowledgment. Users must respect all third-party intellectual property rights and are prohibited from copying, reproducing, modifying, or distributing any copyrighted content without permission from the respective rights holders.
User Restrictions : Users must not:
- Infringe upon or violate any copyright, trademark, or other intellectual property rights belonging to us or third parties.
- Copy, modify, distribute, or reverse-engineer any portion of the App.
- Use our trademarks, logos, or branding without our prior written consent.
- Remove, obscure, or alter any copyright or trademark notices appearing within the App.
Protection of Intellectual Property : We reserve the right to take appropriate legal action against users who engage in intellectual property infringement, including suspending access to the App and initiating legal proceedings if necessary.
5. Privacy & Data Collection
User Data : Our collection, storage, and use of personal data are governed by our Privacy Policy. By using the App, you consent to the collection and processing of your information as outlined in our Privacy Policy. We implement security measures to protect user data but cannot guarantee complete protection against unauthorized access.
Location Data : The App may collect location data to provide enhanced services, including event recommendations and mapping bird sightings. Users may enable or disable location tracking through their device settings at any time.
Third-Party Services : Some features may be integrated with third-party services for additional functionalities such as analytics, event listings, or social media sharing. We do not control third-party data practices and encourage users to review their respective privacy policies before engaging with such services.
6. Disclaimer of Warranties & Limitation of Liability
No Warranties : The App is provided on an “as-is” and “as-available” basis without any warranties, express or implied. We do not guarantee uninterrupted access, error-free operation, or the accuracy of any content. We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability : To the maximum extent permitted by law, we disclaim any liability for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of revenue, or loss of goodwill arising from or related to your use of the App. We are not liable for any disruptions, security breaches, or data loss caused by external factors beyond our control, including third-party actions or cyberattacks.
User Responsibility : You acknowledge that your use of the App is at your own risk. We are not responsible for user-generated content, third-party events, or interactions between users. Users are solely responsible for verifying the accuracy and reliability of any information shared within the App.
Indemnification : You agree to indemnify, defend, and hold us harmless from any claims, damages, losses, liabilities, and expenses arising from your use of the App, violation of these Terms, or infringement of any rights.
7. Governing Law & Dispute Resolution
Governing Law : These Terms shall be governed by and interpreted in accordance with the laws of India.
Dispute Resolution : Any disputes arising from or in connection with these Terms shall first be attempted to be resolved amicably. If the dispute remains unresolved, it shall be referred to arbitration in Mumbai, India, in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed mutually by the parties. The language of the arbitration shall be English, and the decision of the arbitrator shall be final and binding on both parties.
8. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
BirdHub India
Ataavi Bird Foundation
Email: info@ataavi.org
By using BirdHub India, you acknowledge that you have read, understood, and agree to these Terms of Use.
