Terms of Use

Please take some time to familiarise yourself with the provisions of these Terms of Use (the “Terms of Use”). Your use of this website will be subject to these Terms of Use and by accessing any page of this website, you agree to be bound by them. If you do not agree to the terms and conditions contained within these terms of Use, you should immediately discontinue any use of the essexbirdcentre.com web site and/or any offered services. The Terms of Use relate to Essex Bird Centre website only and are separate to any terms relating to the bond opportunity featured on the Essex Bird Centre website. Essex Bird Centre reserves the right to make changes to these terms at any time and without notice, it is your responsibility to revisit this page from time to time to re-read this notice. Any revised terms shall take effect as of the date of its posting. These Terms of Use were last updated on 14th August 2019.

1. Essex Bird Centre Website Terms of Use

The www.essexbirdcentre.com website is operated by Essex Bird Centre.

2. Intellectual Property Rights

This website and all content and services provided on and through this website are protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws, and are owned, controlled, and/or licensed by Essex Bird Centre and/or its affiliates and related companies. Except as expressly set out in these terms of Use, nothing on the website or in these Terms of Use gives you any rights in respect of any intellectual property owned by Essex Bird Centre and/or its affiliates and related companies or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the website. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
Nothing contained on this website grants you, by implication or otherwise, any license or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying Essex Bird Centre and/or its affiliates and related companies or their respective products and services displayed on this site, without the express written consent of Essex Bird Centre or such third party that may own such trade-marks, logos and other names displayed on this site.

3. General Terms of Use

Without the express written consent of Essex Bird Centre, no information or material from this Web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever at any time for operational, regulatory, legal or other reasons unless required by law. You may not adapt, alter, modify, sell, distribute or create derivative works of any content on the site.
You agree that you do not acquire any rights in any downloaded content or content sent to you as part of any service. You agree to abide by all copyright notices, information and restrictions contained in any content on this Web site and any content sent to you or accessed through this Web site. You are hereby advised that Essex Bird Centre will enforce its intellectual property rights to the fullest extent permitted by law.
You will use this Web site and any content, material, or information found on this Web site or any services offered through this Web site solely for lawful purposes (complying with all applicable laws and regulations) and in a responsible manner, and not in a way that might damage our name or reputation or that of our affiliates. You shall not upload to, distribute to, or otherwise disseminate through, this Web site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or that contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through this Web site. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through this Web site. Any conduct by you that in Essex Bird Centre’ discretion restricts or inhibits any other user from using or enjoying this Web site will not be permitted.
Essex Bird Centre has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself make available through this Web site and Essex Bird Centre is not responsible for any of this material or information. However, Essex Bird Centre reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you that it deems in its sole discretion, unacceptable, undesirable or in violation of any law. The foregoing provisions of this section are for the benefit of Essex Bird Centre, its affiliates and related companies and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

4. Auto log-in

These Terms of Use are accessible at the foot of each webpage on the essexbirdcentre.com website. Essex Bird Centre Members are required to confirm that they have read and understand these Terms of Use in their entirety before initially joining Essex Bird Centre and on each subsequent login. In the event that an Essex Bird Centre Member has a personal computer configured to automatically login to the Essex Bird Centre Members area using cookies or any other technology the Essex Bird Centre Member accepts that these Terms of Use may change from time to time and accepts responsibility to regularly check for updates.

5. RSS Feeds

You may display the headlines, active links and other information contained in the RSS feeds (the “RSS feed content”) on your web site , provided that: (i) you do not modify or delete any of the RSS feed content; (ii) you do not redistribute the RSS feed content; (iii) the links redirect the user to this Web site when the user clicks on them or other predetermined location; and (iv) the use or display does not suggest that Essex Bird Centre or its affiliates or related companies promotes or endorses any third party causes, ideas, web sites, products or services.
If you display the RSS feed content publicly on your web site, you must provide attribution to Essex Bird Centre adjacent to the RSS feed content, by displaying the Essex Bird Centre logo, without modification. Essex Bird Centre reserves the right to discontinue providing RSS feeds and to require that you cease accessing or using the RSS feeds, RSS feed content and the Essex Bird Centre logo or associated logos at any time for any reason. Please review the remainder of these Terms of Use for more information before you use the RSS feeds. By using the RSS feeds, you agree to be bound by the terms and conditions of these Terms of Use.

6. Disclaimer of Warranties and Limitations of Liabilities

Your use of this website and materials contained within it are done so entirely at your own risk. By proceeding you agree that in no event shall Essex Bird Centre be responsible to you for any liability, including without limitation that which arises from any loss of profit or any other damage – direct or indirect – as a result of use of this website or the contents therein of this website.
Notwithstanding this, nothing in the Terms of Use shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded. Whilst we have taken every reasonable precaution and care in compiling this website, save to the extent required by applicable law or regulations, no guarantee, warranty or representation (express or implied) is given as to its accuracy or completeness and Essex Bird Centre, its Members, officers and employees do not accept any liability or responsibility for its contents or operation, and any such representation, guarantees or warranties are excluded by these Terms of Use.
This site may include forward-looking statements that are based upon our current opinions, expectations and projections. We undertake no obligation to update or revise any forward-looking statements. Actual results could differ materially from those anticipated in the forward-looking statements. If you have accessed this site using a link from another site, Essex Bird Centre does not accept any liability or responsibility for the accuracy of information contained within the sites of other providers who have links to any pages of this site or to whom this site is linked to.
The information contained on this website and offered through services accessible from this website is for informational purposes only and it is not intended to meet any particular user’s need. Documents provided on this Web site are provided as a service only, and do not constitute official versions of such documents. This website, and all content, material, information or postings found on or accessed through this website and its services, are provided on an “AS IS” and “AS AVAILABLE” basis. Essex Bird Centre, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of accuracy, title and non-infringement, and all implied warranties and conditions of merchantability, fitness for any particular purpose, or suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to this Web site or the content contained in or accessed through this Web site and its services.
Neither Essex Bird Centre nor its affiliates and related companies, nor each of their respective directors, officers, employees, consultants and agents makes any representations or warranties as to the availability, accuracy, quality, timeliness, reliability, truthfulness or completeness of this Website or the content contained in or accessed through this Web site, including, but not limited to, the contents of any content, information, material or posting found on this Website (including, but not limited to, any press releases or financial information), any services provided through this Web site, or any links to other sites made available on this Web site or the content contained on such site(s), or as to the uninterrupted, continuous or error free use and operation of the internet, this Web site or any related services or that any of them is free from defects, viruses or other harmful components. You expressly agree that use of this Web site is at your sole risk.
Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breach shall Essex Bird Centre or its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from the use of, or the inability to use, any content, information, material, Webcam images or postings on this Web site, or related services, directly or indirectly, or the transmission of confidential or sensitive information over the internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither Essex Bird Centre nor its affiliates and related companies, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive or illegal conduct of any user, including you.

7. Linked Sites

External websites accessed via hypertext link or other means from this Website have, unless otherwise indicated, been independently developed by third parties and we do not warrant the accuracy or completeness of the information contained in such sites and we are not responsible for the context of these sites or for anything provided by them. We do not guarantee that they will be continuously available. The inclusion of any information, material, content or links to any external sites on this Web site should not be construed as an express or an implied endorsement of or association with any third party products or services.

8. Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Essex Bird Centre, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of these provisions; or (ii) your use of this Web site, the content contained in this Web site and the placement or transmission of any information or other materials on this Web site made by you or others using your account. You agree to promptly notify Essex Bird Centre immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. Essex Bird Centre reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.

9. Recourse

If you are dissatisfied with this Web site, its services or these provisions, your sole and exclusive remedy is to discontinue using this Web site. In such an event, you agree to destroy all materials obtained by you on this Web site and all copies thereof. These provisions shall survive any such termination.

10. Third Party Recourse

Essex Bird Centre publishes its own content and acts as a distributor of content supplied by third parties. Accordingly, Essex Bird Centre has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, images or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Essex Bird Centre. In many instances, the content available through this Web site represents the opinions and judgments of the respective information provider or user. Essex Bird Centre neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Web site by anyone other than authorized Essex Bird Centre employee spokespersons while acting in their official capacities.

11. Availability of this website and Viruses

Essex Bird Centre cannot guarantee the continuous, uninterrupted or error-free operability of this website. There may be times when certain features, parts or content of this website, or the entire website, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by Essex Bird Centre, in our sole discretion, without notice to you. You agree that Essex Bird Centre will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the website, or any features, parts or content of the website.
Essex Bird Centre also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Web site or your downloading of any materials, data, text, images, video, or audio from this Web site.

12. Confidential Information, Privacy & Non-Disclosure

Essex Bird Centre adheres to strict confidentiality guidelines and values the confidentiality of each and every Member. Essex Bird Centre endeavours to protect confidential information held within all its databases, Member lists and all information in the Members Area of the Essex Bird Centre website shall be confidential. The databases are operated by Essex Bird Centre as licensee and are the property of the licensor and will not be given to or shared with any other company or individual. Essex Bird Centre will not share your details with any external agents or third parties, not in any way affiliated to Essex Bird Centre or the licensor.
You confirm that any and all information including contact details and investment profile data supplied to Essex Bird Centre during the process of becoming a Member is accurate to the best of your knowledge and you agree to maintain this information on a regular basis using the “My Essex Bird Centre Account” facility available from the Members Area of the Essex Bird Centre website. This information is used by Essex Bird Centre to communicate with Members and to help make educated business decisions on behalf of Members using the data supplied. Due to the innovative nature of Essex Bird Centre and its affiliates and Essex Bird Centre’ desire to maintain a unique offering to Essex Bird Centre Members you may be asked to agree to various non-disclosure agreements online before certain information is presented to you. This is to help protect the intellectual property of Essex Bird Centre and its affiliates associated with various strategies and other sensitive data that could potentially have a negative effect on Essex Bird Centre and its unique position in the market place if it were to be accessed and used by competitors without control. Essex Bird Centre will associate an online indication to accept the terms of such agreement with that of the details associated with your Essex Bird Centre account and you understand that by indicating you agree to such terms while logged in as an Essex Bird Centre Member you are bound to any such terms and conditions indicated.

Data Protection Rights

According to English Laws of Personal Data Protection, in the event that an e-mail is sent to us to the address shown in the same, or that a data collection form is filled in, we would inform you that the personal data given to us will be registered in the file for which Essex Bird Centre is responsible. The purpose of the same is to deal with the enquiry, maintain a commercial relationship and to send by any means including by e-mail, or other equivalent electronic communication, publicity or promotional information regarding the products or services of the company.
You will be able to express refusal of your data being processed for publicity purposes and to exercise the rights of access, rectification, cancellation and opposition in accordance with that established in current legislation, by writing to the e-mail address essexbirdsuk@yahoo.com.
All the contents of the website, and in particular trade names, business names, industrial designs, designs, texts, photographs, graphics, logos, icons, software and any other signs that may be used in industry and business, are protected by the industrial property and intellectual rights of Essex Bird Centre. Their use and/or reproduction are therefore prohibited without the express consent of the company.
Essex Bird Centre will not be responsible for infringements of intellectual property or industrial rights of third parties originating from the inclusion in the website of trade marks, business names, industrial designs, patents, designs, texts, photographs, graphics, logos, icons or software corresponding to third parties who, when including them in the website, have declared they are the title owners of the same.
The user is obliged to use the contents of the website in a conscientious, correct and legal manner and undertakes:
• Not to use the contents for objectives or purposes contrary to the law, to public morals and to normal customs or public order.
• Not to reproduce, copy, distribute, allow public access by whatever means of public communication, transform or modify the contents, unless the corresponding authorisation from the title owner thereof has been given.
• Not to use the contents of the website to send publicity, communications for purposes of direct sales or for any other commercial purpose, unsolicited messages sent to a multitude of people regardless of its purpose, and to abstain from marketing or divulging such information in any way.
In the event of any kind of dispute, both parties will try to come to a friendly agreement. If this is not possible the English courts will have jurisdiction to deal with the case and the parties will not have recourse to any other jurisdiction for the purposes of legal action.
USERS WHO DO NOT AGREE WITH THIS POLICY MUST NOT INTRODUCE ANY DATA BY MEANS OF THIS WEBSITE OR ACCESS THE CONTENT OF THIS WEBSITE.
If you should have any questions or concerns regarding this Privacy Statement or for more information on the types of personally identifiable information collected by us, please email us at essexbirdsuk@yahoo.com

13. Contacting you

By registering your contact details on www.essexbirdcentre.com you agree that we can contact you at anytime via any method using the details submitted to us and you grant us the right to contact you until you notify us not to. Essex Bird Centre endeavours to conduct all communications with appropriate levels of courtesy and consideration.
In order to provide the most efficient service to Members we reserve the right to allocate your Essex Bird Centre account and associated point of contact to an official Essex Bird Centre representative office.

14. Email Marketing

By registering your contact details on www.essexbirdcentre.com you agree that we can send you marketing emails at any time, these will continue until you notify us to remove you from our mailing list.

15. Anti-Spam

Essex Bird Centre adheres to the principles of permission marketing and does not knowingly send out messages to databases where customers have not willingly agreed to receive those messages. This policy has been put in place to protect the user from unsolicited email.

16. Standard Information

In every communication sent over the Internet it is possible to infer standard technical information such as, but not limited to: browser type (e.g. Netscape or Internet Explorer); operating system (e.g. Macintosh or Windows); browser language (e.g. Java or Unix); Internet service provider (e.g. FreeServe or AOL). This information may be used by Essex Bird Centre exclusively for the purposes of enhancing your online experience with us.

17. Cookies and Opting Out of Communications

Like most Internet sites, we may use “cookies” to enhance user’s experience on the Web and to provide us with information about how people are using our site. These cookies cannot be used to personally identify you in any way and in no way damage your system or files. We respect your right to not use cookies however some areas of this site may not function correctly if you do not. You can read more about Web Cookies here. We may also use information from our web site log files to understand how visitors use our site and to recommend future site improvements.
If you have registered as an Essex Bird Centre Member, you may request to opt-out of communications from us at any time by contacting us and requesting to do so. It is your right to have all references removed from our files should you so wish. To make such requests either call us on any of the numbers supplied within this website or email us at essexbirdsuk@yahoo.com You request may take up to 2 working days to process.

18. Outbound Links

These Terms of Use apply solely to the technology and Web site www.essexbirdcentre.com. Our Web site contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.