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.
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.
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: email@example.com
Telephone number: 0161 907 1573
VAT Registration number: 215595793
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.
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).
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.
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.
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):
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.
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.
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.
By placing your order with us you are agreeing to take title to your goods at the point of despatch from our servers.
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’
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: firstname.lastname@example.org please allow up to 10 working days for these to be sent.
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.
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.
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.
We will from time to time make available special offers and promotions.
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.
If for any reason you are not happy with your JiveBird Service order, please contact our Customer Service Team by emailing us at email@example.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.
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.
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.
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.
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.
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.
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 firstname.lastname@example.org.
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..
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.
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.
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.
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.
You agree not to use JiveBird Service directly or indirectly:
For the avoidance of doubt the following stipulations apply when using the JiveBird Service.
You agree not to upload, email to use or print any images or other copyright material without the express permission of the owner.
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.
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.
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.
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.