Birds SA Website Terms and Conditions
By accessing or otherwise using Birds SA’s website (Website) and its member portal (Portal), you agree to be bound by these Terms and Conditions of Use.
The Website (birdssa.asn.au) is owned and operated Birds SA, ABN 76 339 976 789 (South Australian Ornithological Association/trading as Birds SA). The Portal (birdsssa.memberjungle.com) is owned and operated by Telligence Pty Ltd /trading as Member Jungle). You acknowledge that Birds SA provides access to the Website to you subject to these Terms and Conditions of Use for Birds SA. Access to the Portal to you is subject to the Terms and Conditions of Use by Member Jungle, Stripe and Xero.
1.1 Birds SA is entitled, at its sole discretion, to amend, add or remove any part of these Terms and Conditions of Use at any time without notice. You should periodically read these Terms and Conditions of Use. Your continued use of the Website after this time constitutes an agreement by you to abide by and be bound by these Terms and Conditions of Use, as amended from time to time.
2. INTELLECTUAL PROPERTY
2.1 Unless indicated otherwise, all intellectual property in the Website is owned or licensed by Birds SA under Creative Commons CC-BY licence. Content and images of the Portal (Portal IP) are the only intellectual property owned by Birds SA. Subject to these Terms and Conditions of Use for the Website, Birds SA grants to you a non-exclusive and non-transferable limited licence (Licence) to view, download and use information directly accessible through the Website by attribution under the CC-BY licence.
2.2 Any of the trademarks, service marks or logos displayed on the Website may be registered or unregistered marks (Marks) of Birds SA. Logos of the Portal IP may be registered or unregistered marks (Marks) of Birds SA. Nothing contained on the Website should be construed as granting any licence or right to use any of the Marks displayed on the Website without the express written permission of Birds SA. Any unauthorised uses of the Marks are strictly prohibited.
3.1 Except as provided by law, the Website is provided "as is" and without any warranty or condition, express or implied.
3.2 Birds SA does not warrant that the information contained in or accessible through the Website and the Portal IP is accurate, suitable for your purposes or without errors, omissions or viruses. Birds SA does not guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website and the Portal IP (including the software operating in connection with the Website and the Portal) may be interfered with by numerous factors outside of Birds SA's control. Birds SA does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website.
3.3 Subject to the provisions of the Trade Practices Act 1974, Birds SA makes no representations or warranties in respect of the information and materials available on the Website and the Port IP or the means of accessing that information and material (including the software operating in connection with the Website and the Portal IP). Birds SA makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Birds SA which are or may become linked or framed to or from the Website or the Portal IP.
5. LIMITATION OF LIABILITY
5.1 You agree that Birds SA is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms and Conditions of Use, in tort (including negligence) or otherwise arising out of, or in connection, with:
(a) the use of the Website;
(b) the use by Birds SA of information provided by you to Birds SA through the Website or the Portal IP;
(c) being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
(d) the use of your Website password by you or any third party whom you have made the password available.
5.2 Birds SA expressly limits its liability to goods (a) and services (b) purchased via the website for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Birds SA's sole discretion):
(a) in the case of goods, any one or more of the following:
- the replacement of the goods or supply of equivalent goods;
- the repair of the goods;
- the payment of the costs of replacing the goods or of acquiring equivalent goods; or
- the payment of the costs of having the goods repaired; and
(b) in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
6.1 You must not establish links on any other website to the Website or any other part or parts of the Website or Portal IP without the prior written consent of Birds SA.
7.1 Birds SA may alter any of the content on this Website and Portal IP at any time.
8. BREACH AND TERMINATION
8.1 If you breach any provision of these Terms and Conditions of Use, Birds SA may immediately issue a warning, temporarily suspend or permanently revoke your membership.
9. CHOICE OF LAW AND USE OF THE WEBSITE OR THE PORTAL IP
9.1 These Terms and Conditions of Use are governed by the laws of South Australia, Australia. Birds SA has designed the Website and the Portal IP for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website and the Portal IP outside the Commonwealth of Australia. Any contracts formed through use of this Website or the Portal IP are governed by the laws of South Australia, Australia.