Website terms and conditions of use
1. Website Operator
This website is operated by the British Trust for Ornithology (registered charity number 216652) whose registered office is at The Nunnery, Thetford, Norfolk IP24 2PU (“BTO”). The BTO can be contacted by email - info [at] bto [dot] org. The BTO's VAT registration number is GB637902816.
2.1 BTO grants you a non-exclusive licence to use this website upon the following terms and conditions.
2.2 BTO may terminate this licence at any time.
3. Materials in Site
3.1 This website contains material which is owned by or licensed to BTO. This material includes, but is not limited to, the structure and content of surveys, data and research results, trade marks, graphics and the design, layout, look, and appearance of the website. It is protected by intellectual property laws including, but not limited to, copyright and trade mark law, and cannot be copied or reproduced without prior permission from the BTO.
3.2 You may view, use, download and store the material on this website for personal, research and non-commercial educational use only. Commercial use is not permitted. If you are a teacher, educator or student, you may make a reasonable number of copies of materials on the website for use in your classroom (unless those particular materials are marked as "no copying permitted"), provided that you acknowledge the BTO as the source and copyright owner of the materials. Except for such limited classroom use, the re-distribution, re-publication, or otherwise making available of the material on this website to third parties without the prior written consent of BTO is prohibited. If you would like to request permission to reproduce any materials on this website, please contact the Data Services department: permissions [at] bto [dot] org.
3.3 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
4. Accuracy of Information
4.1 The information in this website is given in good faith and for general information and interest only. It is subject to change without notice. BTO is not responsible for any inaccuracies and (except as set out in clause 7.3) makes no representation and gives no warranty as to its accuracy.
4.2 The information in this website should not be relied on and does not constitute any form of advice or recommendation. By using this website you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility.
4.3 Apart from the sections relating to membership of BTO (“BTO Membership”) or of any bird observation schemes, such as the Garden Birdwatch Scheme, (“Scheme Membership”) nothing on this website is intended to be nor should be construed as an offer to enter into a contractual relationship.
4.4 If you apply for BTO Membership or Scheme Membership (either of which is a “Membership”):
4.4.1 The cost of Membership is as given in the relevant section of the website at the time at which you submit your application. The cost is inclusive of VAT.
4.4.2 Payment for a Membership application submitted online is by credit card and Direct Debit, and all payments are handled through a secure payments system.
4.4.3 We aim to deliver any goods to which you are initially entitled as a member (‘the Goods’) to the address given on your application form within 30 days of receiving your application, but cannot give an exact delivery date. If you have not received the Goods within 30 days then you may cancel your application and we will refund any money paid by you. The cost of delivery of the Goods to you is included in the cost of Membership or is at BTO's expense.
4.4.4 No contract will exist between you and the BTO until the BTO has notified you of acceptance of your application, received any payments due or dispatched the Goods, whichever is the later.
4.4.5 You have the right, in addition to your other statutory rights, to cancel your application for Membership within seven days of BTO receiving payment from you or you receiving the Goods from us, whichever is the later. You must notify BTO in writing within this seven day period of your wish to cancel, and must return the Goods to BTO at your own cost. BTO will refund any payments made by you in respect of your Membership within 30 days of receiving notice that you wish to cancel your Membership application.
4.4.6 If any of the Membership services or Goods that BTO provides is unsatisfactory, please contact webmaster [at] bto [dot] org or write to us at the address given in clause 1 above. Your statutory rights are unaffected.
5. Discussion Forum
5.2 By submitting a contribution to the discussion forum, you grant BTO a non-exclusive, royalty-free, perpetual licence to reject, impend or publish your contribution on the website and to use, reproduce, distribute, translate and adapt your contribution for any other purpose consistent with BTO's charitable objectives. You agree with respect to such uses by the BTO to waive all rights that you may have in your contribution, including any moral rights that you may have under the Copyright, Designs and Patents Act 1988.
5.3 BTO reserves the right to reject, impend or publish your contributions to the discussion forum. However, you are solely responsible for the legality of your contribution and for any legal claims or liability that may arise in connection with your contribution. By submitting a contribution to the discussion forum, you confirm that your contribution is your own original work and complies with all applicable laws, including without limitation laws relating to defamation, privacy, and intellectual property rights such as copyright, trade mark and database rights. You agree to indemnify (that is, to pay in full) BTO for any expense or liability that BTO incurs as a result of the actual or alleged illegality of any contribution that you submit to the discussion forum.
6.1 This website contains links to other websites. BTO accepts no responsibility or liability for the content of other websites which are not under the strict control of BTO. Any link is not intended to be, nor should be construed as, an endorsement of any kind by BTO of that other website.
6.2 Links to material on the BTO website are permitted so long as appropriate credit is given in the link title. You may not link to images or other downloadable resources unless explicit written permission from the BTO has been sought.
7.1 BTO does not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the site.
7.2 Except as set out in clause 7.3, BTO will be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or relying on any information, data, software or other materials contained in this website, including, without limitation, as a result of any computer virus.
7.3 These terms and conditions do not exclude BTO's liability (if any) to you for personal injury or death resulting from BTO’s negligence, for fraud or for any matter which it would be illegal for BTO to exclude or to attempt to exclude its liability.
10. Jurisdiction and acceptance of these terms and conditions
10.1 This website is controlled and operated by BTO from its offices in England. The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute in relation to the materials contained in this website shall be governed by English law. The English and Welsh courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.
10.2 Your continued use of this website indicates your acceptance of these terms and conditions and any subsequent terms and conditions that may be posted here from time to time.