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TERMS & CONDITIONS

A warm welcome to JiveBird. Your Message, Music, Card, Selfie/Photo, Gift – In One! We want you to love using our service and enjoy the great features we will keep adding and improving to, so that we can provide you with a top-class customer experience. Our current service offers recording your personal voice message, selecting a song from our great library of songs tracks, choosing a photo from your device gallery, or taking a Selfie…. and also purchasing a great gift voucher – all to digitally send on to your friends and family.

By using JiveBird we need to notify you of the following legal provisions which form these Terms and Conditions.

1.          Introduction

These terms and conditions apply to the use of this the JiveBird Service. By visiting, listening, streaming, downloading and/or using the JiveBird Service on any device or platform, you confirm that you have read these terms and conditions, agree to them, and agree to wholly adhere to them. If you don’t agree to these terms and conditions, you must not use this JiveBird Service.

From time to time we may update or vary our terms and conditions, so please visit this page for the latest version whenever you visit the JiveBird App and/or JiveBird Website. We may also update and vary the terms and conditions by notice on other pages of  the JiveBird App or JiveBird Website.

You will be able to access and use many areas of the JiveBird App and the JivebIrd Website without registering your details with us. Other areas (as applicable) are only open to you if you register.

2.          The JiveBird Service

The “JiveBird Service” is the JiveBird platform where a user can record a personal voice message which is linked together with a personally chosen song, plus a user can select an eCard or an eCard with a photo from their device. The photo can be downloaded from a user’s device Gallery/Picture Library or they can take a “Selfie” (“ePhotoCard”). (Together called “A JiveBird” or “The JiveBird”) In addition, you can order an e-Gift voucher that is included with The JiveBird. (A JiveBird/The JiveBIrd together with an eGift voucher are called “JiveBird Plus”)

A JiveBird or JiveBird Plus is (subject to choice and provision of correct mobile numbers and email details) delivered by text, phone and email to your chosen party. We believe this is a unique UK customer service.

You order A JiveBird or JiveBird Plus by choosing a song for your friend, family or loved one (the “Recipient”) from our database of hit and popular songs, recording a personal voice message, plus you can select an eCard or an ePhotoCard and with the JiveBird Plus you can add an e-Gift voucher. You can then make payment and schedule the delivery of The JiveBird or JiveBird Plus.

At the scheduled time (subject to these Terms & Conditions and choice and provision of correct mobile numbers and email details) the Recipient will receive a text, the ‘JiveBird Text Alert’, telling them they have A JiveBird  or JiveBird Plus. When it’s convenient, the Recipient will then have a choice to press a link to receive a greetings phone call from a JivebIrd sender. The Recipient will then receive a phone call and voice instructions will instruct you how to hear your JiveBird greeting. The Recipient will also be sent a JiveBird Text Link, to listen to the JiveBird greeting (and subject to choice of elements as provided for in these Terms & Conditions and provision of mobile numbers and email details) an email with a ‘JiveBird eCard’ or “ePhotoCard” with the personal voice message joined together to a selected song track also being made available as a link to listen to.

2.1 JiveBird eGifts Service

2.1.1. With our JiveBird Plus ‘eGifts’ service via online access customers will be able to include The JiveBird elements (recording a personal voice message, previewing and selecting a song which is joined together to the voice message, select an eCard and include a photo from their device library or take a selfie) and then with JiveBird Plus search, select & send virtually instantly or on a pre-determined date, an eGift voucher on-line from many brands, gifts and outlets displayed on JiveBird. The Recipient then goes on-line, selects & redeems their eVoucher without having to leave home. The chosen gift/item would then be delivered to the Recipients’ chosen address or from a pick-up shop nearby. From time to time other greetings and gift options may be added to the JiveBird Service.

2.1.2. In respect of eGift Vouchers in JiveBird Plus (or on the JiveBird Service) Terms & Conditions are as set out from time to time under the Terms & Conditions of the various brands, suppliers, retailers or otherwise offering gift vouchers on the JiveBird Service, the purchase of each brand of eGift card will be strictly bound by the individual Terms & Conditions of that particular brand. These will be shown as part of your purchase journey whilst using the JiveBird Service.

2.3 Trading Details

Whenever you buy a product through the JiveBird App and/or JiveBird Website you will be contracting with JiveBird  Limited, a limited liability company incorporated in England and Wales under company number 8581220 (“JiveBird”) and when purchasing a gift voucher with the gift voucher brand as detailed on your purchase information.

Registered Office:  62 Wilbury Way, Hitchin, Herts, SG4 0TP

Email address: info@jivebird.com

Telephone number: 0161 907 1573

VAT Registration number: 215595793

3.          Ordering From Us

3.1      Placing Your Order

You place an order with us by selecting a song, recording your greeting/message, selecting an eCard or an ePhotoCard and (if chosen), an e-Gift voucher stating a time and date for The JiveBird or JiveBird Plus to be delivered, and completing our on-line checkout process. You will be asked to provide your mobile number and email address as well as the Recipient’s mobile number and email address so that we can deliver The JiveBird or JiveBird Plus. The voice message, selected song, eCard and photo/or Selfie can be sent by phone and on-line internationally (subject to some possible territorial exclusions as detailed from time to time on the JiveBird App or Website). In relation to the JiveBird Plus e-Gift service, whilst the e-Gift voucher can be sent on-line internationally (as with The JiveBird, with a voice message, selected song, eCard and photo/or Selfie) currently, the selected e-Gift voucher can only be redeemed in the UK.  In respect of the JiveBird App, we request to access your Contacts list so that you can easily access your contacts details in order to provide mobile telephone numbers and email addresses. If you decline to allow us access, then you will need to fill out contact details for us to send to the Recipient every time you send A JiveBird or JiveBird Plus.

After you have placed your order, we will send you an acknowledgement by email. This will detail the products you have ordered. You can also visit your Account Information Dashboard for information from time to time.

3.2      Ordering multiple gift products and cards

As we develop our systems we envisage that multiple JiveBird greetings (and later JiveBird releases as we develop them) will be able to be ordered at the same time and will be sent as requested by completing instructions on the JiveBird App (and when available Website) screen(s).

3.3      Music

Our catalogue contains many thousands of hit songs, new releases and back catalogue, which is updated regularly with new releases. We aim to provide you with a strong choice of songs. If for any reason you cannot find the song you want, you may contact us, and we will endeavour to locate it for you.

The music recordings on  The JiveBIrd or JiveBird Plus App  are licensed re-recordings, covers of famous and well-known songs performed by various artists and musicians other than the original artists and musicians who made them famous. However, in some instances, particularly older tracks, there may be recordings performed by the original artists either as the originally recorded hit track, or as a ‘cover recording’ by the original artists or some of the original artists.

3.4      eCard/ePhotoCard

When creating and scheduling A JiveBird or JiveBird Plus you have a choice of eCard designs which you can select from and then type your personal message.

When using the JiveBird App to create and schedule your JiveBird or JiveBird Plus you will also have the option of sending an ePhotoCard. For an ePhotoCard, select a frame background for your selected picture or your ‘Selfie’ and then select a picture  from your Photo library or take a ‘Selfie’. Then type your message as for the eCard.

You will then be required to provide Recipient details as requested on the JiveBIrd App and/or the JiveBird Website.  

3.5      Accepting Your Order

Our acceptance of your order only takes place when payment has been activated through our payment system. A Purchase Contract between you and JiveBird is therefore made at the point of payment.

From time to time, we may not be able to accept an order (or deliver post acceptance) for the following reasons (and/or as set out in these Terms and Conditions):

  1. Where we cannot obtain authorisation for your payment;
  2. If there has been a pricing or product description error;
  3. If you do not meet any eligibility criteria set out in our terms and conditions;
  4. If the order for personalised products contains any copyright material where you have not obtained permission;
  5. If your usage in any manner contains content which is threatening, obscene, defamatory, immoral, indecent, offensive, seditious, abusive, pornographic, liable to incite racial hatred, discriminatory, menacing, slanderous, libellous inflammatory, scandalous, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience. Or is a hoax call to emergency or similar services or your usage is in a manner which constitutes a irrefutable and clear violation or infringement of the rights (including but not limited to the right of copyright or confidentiality) of any person, firm or company (including but not limited to JiveBird Limited, associated companies or suppliers or other users of the JiveBird service) or a violation or infringement of any statutory duty or obligation or a duty or obligation in contract tort or otherwise to any third party. Or if you attempt in any way to fraudulently misuse, duplicate, counterfeit, misrepresent any portion whether part of, or in its entirety, of the JiveBird Service including any content of whatsoever nature on the JiveBird Service including but not limited to A JiveBird or JiveBird Plus or any products, services displayed directly or indirectly on the JiveBird Service.

3.6      Cancellation

  1. In respect of A JiveBIrd we reserve the right to cancel your order at any time and in respect of 3.5 ii above (and subject to Clause 3.8 below and only where there has been a pricing or product description error made by JiveBird and listed by JiveBird on our platform) issue a full refund.
  2. In respect of JiveBird Plus we reserve the right to cancel your order at any time. And in respect of The JiveBird elements of the JiveBird Plus (The JiveBird elements being recording a personal voice message, previewing and selecting a song which is joined together to the voice message, selecting an eCard and including a photo from a user’s device library or take a selfie – which shall for the avoidance of any doubt exclude any services, provisions or otherwise in respect of eVouchers) issue a full refund in respect of 3.5 ii above (subject to Clause 3.8 below and only where there has been a pricing or product description error made by JiveBird and listed by JiveBird on our platform).

  1. We reserve the right to bar you from any further use of the JiveBird Service particularly in respect of any activities as in 3.5 above. This does not affect your statutory rights. Subject to data protection legislation JiveBird reserve the right to report any criminal activity to the relevant authorities and/or take any legal action against any party misusing including but not limited to attempting to defraud the JiveBird Service, including JiveBird and JiveBird Plus and or any suppliers, services listed and/or accessible on or through the JiveBird Service,  A JiveBird and JiveBird Plus.

3.7      Delivery

A JiveBird or a JiveBird Plus is delivered by phone (‘JiveBird Phone Call’), text and email. At the scheduled time (subject to these Terms & Conditions and choice and provision of correct mobile numbers and email details) the Recipient will receive a text, the ‘JiveBird Text Alert’, telling them they have A JiveBird  or JiveBird Plus. When it’s convenient, the Recipient will then have a choice to press a link to receive a greetings phone call from a JiveBIrd sender. The Recipient will then receive a phone call and voice instructions will instruct you how to hear your JiveBird greeting. The Recipient will also be sent a JiveBird Text Link, to listen to the JiveBird greeting (and subject to choice of elements as provided for in these Terms & Conditions and provision of mobile numbers and email details) an email with a ‘JiveBird eCard’ or “ePhotoCard” with the personal voice message joined together to a selected song track also being made available as a link to listen to.

By offering these three delivery methods, we will use all reasonable endeavours to deliver A JiveBird or JiveBird Plus to the Recipient.

Your payment for the JiveBird Service should cover the full cost of your delivery by phone, text, and email. In respect of the cost of the Recipient’s acceptance to the JiveBird text in the UK, this would, where the Recipient has a contract or bundle, usually be covered by their contract or bundle allocation. In respect of delivery outside the UK, extra charges to the Recipient may be incurred for both receiving the text and the telephone call depending on country and their service provider’s conditions.

3.8      Errors

JiveBird aims to provide you with a top-class quality service. The JiveBird Text Alert alerting the Recipient to the JiveBird Greeting will be despatched at the date and time you request, the ‘Despatch Time’. Please double-check your order on screen and your acknowledgement email carefully to ensure that all the details are correct as we rely on the details you provide to deliver the JiveBird Service. We cannot refund items where the personal, delivery details have been incorrectly entered or misspelt spelt due to an error made by you.

4.          Payment

4.1      Making Payment

You can pay for The JiveBird and JiveBird Plus as explained on the JiveBird Service.

A JiveBird account will from time to time offer rewards as detailed from time to time on the JiveBird App and/or the JiveBIrd Website.

4.2      Title

 By placing your order with us you are agreeing to take title to your goods at the point of despatch from our servers.

4.3      Prices and sales tax

All prices shown on the JiveBird App or JiveBird Website include sales tax at the prevailing VAT rate if applicable (currently 20%). Specific details regarding sales tax are outlined below:

‘JiveBird Service delivered from the UK’

4.4      VAT Receipts

In most cases your order confirmation contains all the necessary information to constitute a simplified VAT receipt in line with the HMRC guidelines. However, should you require a Full VAT invoice, these are available upon request at: info@jivebird.com  please allow up to 10 working days for these to be sent.

4.5      JiveBird may from time to time offer schemes that allow you to receive special offers. We reserve the right to allocate names and terms of these offers. Purchasing products using Prepay

At the point of checkout, our system will check your balance of and any bonus credits as may be offered from time to time. Any applicable goods will be paid for by drawing down the credit and bonus credit balance pro rata.

4.6      Our liability to you

  1. In respect of A JiveBird and A JiveBird elements of the JiveBird Plus (which shall for the avoidance of any doubt exclude any services, provisions or otherwise in respect of eVouchers), any payment made on account shall be deemed as a payment for applicable goods to be ordered from us. After the initial refund period (described below) our liability to you will be to provide applicable goods to the value of your Prepay account balance. Cash balances will not be returned except in cases where the customer has received faulty goods and requested a refund of the unused cash balance held on their account.
  2. In respect of eGift Vouchers in JiveBird Plus (or on the JiveBird Service) Terms and Conditions are strictly as set out from time to time under the Terms & Conditions of the various brands, suppliers, retailers or otherwise offering gift vouchers on the JiveBird Service, the purchase of each brand of eGift card will be bound by the individual Terms & Conditions of that particular brand. These will be shown as part of your purchase journey whilst using the JiveBird Service.

4.7      Balance reminders and expiration

If a period of 24 months passes with no orders placed, we will assume that your account is no longer active, and your credit balance will expire.

4.8      Multiple Offers

Offers cannot be used in conjunction with other offers. If the items in your shopping basket qualify for more than one offer, the most beneficial discount for you will be applied.

In respect of A JiveBird and/or the JiveBird elements of a JiveBird Plus, credits may still be used for purchase on Later JiveBird releases that qualify for an offer on the basis that they are within the time frames as in these Terms & Conditions. Any Terms and Conditions In respect of eGift Vouchers in JiveBird Plus (or on the JiveBird Service) are as set out under Clause 3.6 iii. above. These will be shown as part of your purchase journey whilst using the JiveBird Service.

4.9      App Offers and Promotions

We will from time to time make available special offers and promotions.

5.          Our Commitment to You

5.1      Delivery

We know just how important it is that your JiveBirds (whether A JiveBird or JiveBird Plus) arrive on time for that special occasion. However, occasionally, a problem can arise. In the unlikely event that delivery is faulty, or there is some error in the service, we ask you to contact us to let us know of the problem as soon as possible.

5.2      Reporting a problem

If for any reason you are not happy with your JiveBird Service order, please contact our Customer Service Team by emailing us at info@jivebird.com You will need to quote your order number, the email address you have registered and the details of the problem with the order.

We aim to acknowledge any complaint within 14 working days (usually it takes 1-2 days), and will do our best to resolve it within 28 days. We may ask you to give us further details of the failure or service defect to help us communicate with our technical suppliers and correct any future problems.

5.3      Returning products and issuing refunds

  1. Where  A JiveBird or JiveBird Plus is not delivered or the service is faulty, we will ask you to inform us within three days of Despatch Time of The JiveBird or JiveBird Plus. You can contact our Customer Service Team. Your right to return items to us in accordance with these terms and conditions is in addition to any other statutory rights you may have.
  2. In respect of A JiveBird and/or The JiveBird elements of a JiveBird Plus, if you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with. Alternatively, we may offer to resend (if applicable) or send another JiveBird Greeting to another third party (provided always that your activity and/or message is not in contravention of any of the terms & Conditions within this Agreement in particularly Clause 3.5 above and 8 below) and resend The JiveBird and/or the JiveBird elements of the JiveBird Plus free of charge. Please note it is not our policy to offer both a refund and a resend.
  3. In respect of returning products and issuing refunds in respect of eGift Vouchers in JiveBird Plus (or on the JiveBird Service) Terms & Conditions are as set out from time to time under the Terms & Conditions of the various brands, suppliers, retailers or otherwise offering gift vouchers on the JiveBird Service. The purchase of each brand of eGift card will be bound by the individual Terms & Conditions of that particular brand. These will be shown as part of your purchase journey whilst using the JiveBird Service
  4. .Subject to the Terms & Conditions in respect of eGift Vouchers as set out above in 5.3 iii. above, refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is misspelt or if you have uploaded an image of a low resolution or size.

5.4      Multiple refund requests

If there are repeated claims for refunds from the same individual or group of individuals, or any activity we deem to be of a suspicious nature we reserve the right not to issue a refund or replace an order. We may refuse to take any future orders from any such customers and will inform them of our decision via email or over the telephone.

5.5      General despatch information

Please note:

  1. The Despatch Time is the day we SEND the JiveBird Text Alert, NOT (in the event the Recipient chooses to call up the JiveBird Greeting at a later date) the time the JiveBird Greeting is delivered.
  2. If any of the details you have given us in your delivery call numbers or email address are incorrect, we are not liable for any items which are not received.

5.6      Accuracy

We use our reasonable endeavours to make sure that every product (including songs and other items) on the JiveBird App (or from time to time) Website are shown correctly and accurately and that information and prices are correct. However, occasionally there may be some variations, such as incorrect titles of songs, copyright credits, genres, colour, typefaces, layout and other inadvertent errors. JiveBird disclaims all representations and warranties that the content or information on this JiveBird Website is accurate, complete and up to date or does not infringe the rights of any third party.

5.7      Availability of Service

We will always try to ensure that the JiveBird Service is available 24 hours a day. However, we will not be liable if for any reason the JiveBird Service is unavailable at any time or for any period.

5.8      Circumstances Beyond Our Control

Neither we, nor any of our service providers eGift voucher suppliers, that we use and/or brands we display on the JiveBird Service shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control; these circumstances to include but not be limited to any adverse weather conditions (such as snow, flood, extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or from any industrial dispute or strike or extreme technical failure.

5.9      Links

Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third-party websites, you do so at your own risk.

6.          Your privacy and security

6.1      Data Protection

JiveBird is committed to protecting your privacy. We promise to use the information that we collect about you in accordance with the Data Protection Act 1998. We are listed with the Information Commissioners Office under the number ZA809147. If you would like any data related to you or your account removed, please use the feedback link on the app and provide your email address and request deletion of all your data. Alternatively email us at info@jivebird.com.

6.2      How we use contact information

The personal information you provide to us will include your contact details, payment card details for payment through bone fide payment organisations such as Stripe  cards through their secure payment procedures and information about any recipients of products that you wish us to deliver products to.

Your phone number and email address details will be requested. We may use this to track your order in the event of any queries, and contact you to ensure that you are happy with the service you received. In addition, you will be supplying us with your Recipient’s telephone number (and hopefully their email address in order to deliver a premium JiveBird Service). We shall only use this to send them the JiveBird greeting in order to provide the service you pay for.

We will store and manage personal data such as mobile numbers and email addresses in order to deliver the JiveBird Service for you. We do not store or manage any credit card, debit card or other payment information. All payment information is stored and managed by our third-party payment providers according to their data compliance procedures.

We may  from time to time use your information to send you email newsletters, keeping you informed of new products and seasonal offers. You can choose whether to receive these newsletters or opt out.

In addition, if in future releases we may provide an email reminders service (or similar), if you would like to register for email reminders, such as for example notifying you when a birthday or special event is coming up, then you must opt in for this by setting them up under ‘My Account’ when and if this service is operational..

6.3      Data Consent

By using the JiveBird Service, you give us your consent to store and manage the personal data you give us in accordance with these Terms and Conditions for A JiveBird and Terms and Conditions in respect of any Gift Vouchers from various brands in respect of the JiveBird Plusservice displayed on the JiveBIrd App and/or JiveBird Website or by our payment providers.

JiveBird will not sell or disclose any personal data to any third party unless required to do so by law.

6.4      Cookies

In order to improve our service offered, we may use a ‘cookie’. A cookie is a small file which is placed on your computer or other devices such as smartphones, tablets, holding a downloaded JiveBird App and which collects data about your activity on the JiveBird Website or a JiveBird App. The primary purpose of this use of cookies is to ensure the process of personalising your JiveBird Greetings and other futureproducts are user-friendly and consistent throughout a session. You may change your website browser settings and applicable App Settings to reject cookies, although please note that if you do this it may impair the functionality of the JiveBird Service and particularly recording your voice greeting/message for the JiveBirdgreeting. For further information about cookies, including how to refuse cookies, please visit www.allaboutcookies.org.

6.5      Securing your personal information

  JiveBird App platforms such as IOS and Android use Secure Socket Layers (SSL), an advanced security system. All of the personal information you enter, including your name, address, and the contents of your address book, is encrypted by secure server software before it is safely transmitted across the Internet. Our Customer Service Team has access to this information.

6.6      Securing your password

When creating your account, you must provide accurate and complete information. It is important that you must keep your JiveBird account password secure and confidential. When you register with JiveBird, you do so as an individual. You must not share your user name and password with anyone else.

We know that you may use the same password for other Internet accounts, and that it is highly sensitive. Rest assured, your password will remain encrypted and we do not have access to it. If you forget your password, we can send you a temporary one. You will then be able to access your account and create a new password.

6.7      Credit card transactions

Your card details are not recorded or stored in our database. They are encrypted and are transferred securely to our Payment Service Provider for immediate authorisation. Once we have received authorisation from the Payment Service Provider we will confirm your order.

7.          Your Commitment to Us

7.1      Abuse of service

You agree not to use JiveBird Service directly or indirectly:

  1. for any unlawful purpose;
  2. to cause distress or offence to any person;
  3. to include content which is threatening, obscene, defamatory, immoral, indecent, harassing, offensive, seditious, abusive, pornographic, liable to incite racial hatred, discriminatory, menacing, slanderous, libellous inflammatory, scandalous, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
  4. to make a hoax call to emergency or similar services;
  5. in a manner which constitutes an irrefutable and clear violation or infringement of the rights of any person, firm or company (including but not limited to the right of copyright or confidentiality);
  6. In any way which causes a violation or infringement of any statutory duty or obligation or a duty or obligation in contract tort or otherwise to any third party.
  7. To copy any part of any intellectual property and/ service process contained in the JiveBird service
  8. To attempt to copy, duplicate, counterfeit or otherwise any vouchers, parts, segments, offers or otherwise of the JiveBird Service (or linked to the JiveBird Service). The JiveBird Service shall for the avoidance of any doubt include but not be limited to JiveBird, JiveBird Plus or any suppliers, services or otherwise included on the JiveBird Service or linked to, via the JiveBird Services

7.2      Use of the JiveBird App and/or JiveBird Website (‘JiveBird Service’)

For the avoidance of doubt the following stipulations apply when using the JiveBird Service.

  1. If you are under 18, you may use the JiveBird Service with the consent of your parents. Your    parents will be bound by these Terms and Conditions relating to your use of the JiveBird Service.
  2.  JiveBird may reject or refuse to create A JiveBird or JiveBird Plus  and other futureproducts for any or no reason, including if you use content that, in the sole judgment of JiveBird violates this agreement or which may be offensive, defamatory, obscene, indecent or illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.
  3. JiveBird assumes no responsibility for monitoring the JiveBird Service for inappropriate content or conduct.
  4. You must notify JiveBird immediately of any breach of security or unauthorised use of your JiveBird account that you become aware of.
  5. You agree that you will be solely responsible (to JiveBird and to others) for all activity that occurs under your JiveBird account.
  6. You agree to avoid activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.
  7. You agree that you are solely responsible for (and that JiveBird has no responsibility to you or to any third party for) any breach of your obligations under these Terms and Conditions and for the consequences (including any loss or damage which JiveBird may suffer) of any such breach.
  8. You understand and agree that you are solely responsible for your own content and the consequences of publishing it on the JiveBird Website and/or App JiveBird does not endorse any content or any opinion, recommendation, or advice expressed therein, and JiveBird expressly disclaims any and all liability in connection with content.
  9. You agree that your conduct on the JiveBird Website and/or JiveBird App will comply with (and you agree that all of your Content shall comply with) the JiveBird terms of use, as updated from time to time.
  10. You agree that you will not use any content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for JiveBird to use or possess in connection with the provision of the JiveBird Service.
  11. You agree that when recording the greeting, message on the JiveBird App and/or the Website the content you submit for the recording will not contain any third party copyright material, or material that is subject to other third party intellectual property rights (including without limitation rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to use the material in question.
  12. Data Protection: by agreeing to these terms and conditions, you agree that you have gained permission, explicit or implied, by all parties involved in recording the voice message for the JiveBird Greeting and other futureproduct. JiveBird reserve the right to remove any content if contacted to say that this permission was not gained or has been withdrawn.
  13. On becoming aware of any potential violation of these Terms, JiveBird reserves the right to remove your content and/or terminate your access to the JiveBird App or Website for recording content which is, in our sole discretion, in violation of these Terms or any other terms and conditions on the JiveBird App or Website at any time, without prior notice and at its sole discretion.
  14. At times JiveBird may wish to use customer generated content for marketing or promotional purposes. If we wish to use one of your JiveBird greetings on JiveBird social media channels, or for other promotional purposes, we will request your permission in writing, generally by email. You will have 14 days to refuse permission. If we do not hear from you within 14 days, you will be deemed to have given consent for the marketing and promotional use. You retain the right to decline JiveBird’s request of use.
  15. JiveBird is under no obligation of confidentiality with respect to any content that you upload as part of the JiveBird Service.
  16.  JiveBird shall have no liability to you or any other person for any loss, damage or destruction to the content or any other material uploaded by you to JiveBird’s App or Website as part of the JiveBird Service.
  17. The JiveBird App has been designed to work on Android, IOS (iPhone and iPad).
  18. JiveBird takes no responsibility for errors or lack of functionality caused by browsers, operating systems Telecom, and email services or similar.

7.3      Copyright in Images

You agree not to upload, email to use or print any images or other copyright material without the express permission of the owner.

7.4      Copyright in Sound Recordings and Musical Works

For the avoidance of doubt all the Music Recordings and the Musical Works are protected by copyright and may only be used as licensed by JiveBird for the JiveBird Service.

7.5      Intellectual Property

All text, images software, music, sound, photographs, graphics, video, page layouts, design (including but not limited to the JiveBird character as featured on the JiveBird App or Website, and/or anywhere including cyberspace) audio visual and other material that is contained on JiveBird App and/or website is protected by JiveBird Service’s or third party copyrights (for the world and universe including cyberspace), trademarks, service marks, patents or other proprietary rights and laws. You do not have permission, except where expressly authorised to do so in writing by a duly authorised senior officer from JiveBird, to change, copy, store, publish, rent, license, sell or distribute in any way any of these intellectual property rights. “JiveBird” is our trademark, and you agree not to display or use it in any manner without our prior written consent.

8.          Liability

We exclude all representations, warranties, conditions and terms (whether express or implied) to the fullest extent permitted by law.

We, any other party (whether or not involved in creating, producing, maintaining or delivering our JiveBird App  and/or our JiveBird Website  and/or other JiveBird services or products), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with your use of the JiveBird Service in any way or in connection with the use, inability to use or the results of use of the JiveBird Service, any websites, Apps or similar linked to this Website or the material on such websites, Apps or similar, including but not limited to loss or damage due to viruses that may infect your computer, mobile, tablet or other devices, equipment, software, data or other property on account of your access to, use of, or browsing  our Apps, Website  or other platforms or your downloading of any material from our Apps, Website, or platforms or any websites, Apps or other platforms linked to  our Apps, Website,  or other platforms..

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.

If your use of material on our JiveBird Apps, and/or our Website and or other JiveBird services as created from time to time results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

9.          General

These terms and conditions constitute the entire agreement in respect of the use of our JiveBird Apps  and/or our JiveBird Website  (or other platforms now or hereafter created) and the items and services offered via our JiveBird Apps  and/or our JiveBird website.

If any of these terms and conditions is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.

The clause headings in this Terms & Conditions Agreement are for information only and do not form part of this Agreement.

Only you and JiveBird shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These terms and conditions will be interpreted and construed in accordance with the laws of England and Wales and will be subject to the exclusive jurisdiction of the English Courts.