Thank you
for your interest in Roberts Birds.
Why are we changing from a once-off purchase to an
annual subscription?
We want to ensure that the Roberts Birds app is
always updated with the latest information and continues to be supported on all
devices. To ensure this, resources are
required to maintain and update the app, and the annual subscription model is
better suited to this need.
Is the app functional without purchasing an option?
No, you must purchase the base version before you
can use the app.
Is Image Recognition included in the base version
purchase?
No, this will be an additional purchase as not all
users are interested in using this feature. This allows for a lower cost of the
base version.
Is the content updated? How much content is added
and how often?
The app gets updated at least once in three months,
which includes updates of distribution maps, addition of new species, images
and calls, added functionality, improvements to the identification function and
text updates. All updates are free.
Once I have purchased an option, would the other
options still be available?
Once you have made a purchase of Kruger National
Park you can add the South African version for a reduced price. The South
African option includes the Kruger Park version.
Can I share my app between devices?
Any purchase made can be shared with devices
registered with the same email address as Apple ID or Google Account. The only
caveat is that you cannot share between Apple and Android devices. Family
sharing is allowed on Apple devices, but Android does not support family
sharing for in-app purchases, which is the model we use. Sightings can be
synced with our server and shared across all devices, also between Apple and
Android devices.
The
terms of use for the Roberts Birds mobile application for iOS (“iOS App Terms
of Use”) is a legally binding agreement. Please read this document carefully.
By clicking “I Agree,” or installing or using the Roberts Birds mobile
application for iOS software and/or any updates to such software (collectively,
“App”) provided by Roberts Birds and/or its affiliates (collectively, Roberts
Birds), you Agree to the following terms as an authorized User of the app/s.
General Terms
The
iOS App Terms of Use is governed by the terms of the Agreement and any
amendment thereto or additional purchase thereunder. The iOS App Terms of Use
adjusts and/or supplements certain terms of the Agreement, solely with respect
to the App.
Apple Inc. may, at any time and without notice, restrict, interrupt, or prevent
use of the App, or delete the App from your or Customer's Apple device(s), or
require Roberts Birds to do any of the foregoing, without entitling Customer or
you to any refund, credit, or other compensation from Roberts Birds or any
third party (including, but not limited to, Apple Inc. or your network
connectivity provider). The iOS App Terms of Use was last updated on 05 March
2021 (“Version Effective Date”). It is effective between you and Roberts Birds
as of the date you first download, install, or use the App, whichever occurs
earliest and can be accessed and downloaded at: www.Roberts Birdsapps.com. Roberts
Birds may update and change any part or all of the iOS
App Terms of Use. The updated version will be posted publicly on Roberts Birds’s website at the above link and will be effective and
binding on the day after posting. Roberts Birds encourages Customer and Users
to review the iOS App Terms of Use periodically, as you are responsible for
reading and complying with any amended version(s). If Customer or User objects
to any such changes, Customer’s or User’s sole recourse shall be to cease using
the App. Continued use of the App following the relevant Version Effective Date
shall indicate Customer's and User’s acknowledgement of such changes and
agreement to be bound by the updated iOS App Terms of Use.
You acknowledge and agree to Roberts Birds’s Privacy
Policy, which can be found lower down on this document.
License to use the app
Unless
otherwise specified in the Agreement and subject to payment of the Subscription
Fee and any other undisputed amounts due, Roberts Birds grants to you as User,
a limited, non-exclusive, non-assignable, non-transferable, renewable, and
revocable license during the applicable Term, to access and use the App on any
Supported Device linked to your account and no other devices.
Without limiting the generality of anything herein, you acknowledge and agree
that the App may collect use or device data for the purposes of providing
services or functions that are relevant to use of the App.
Signing up
By
signing up for a subscription to Roberts Birds, you warrant to Roberts Birds
that you have all rights and capacities necessary to execute a subscription
contract and agree to these Terms of Use. We will try to process your
subscription promptly, but cannot guarantee that it will be activated by a
specified time. By submitting your payment and other details, you are making an
offer to us to purchase a subscription. When we have accepted your offer after
successfully verifying your payment details and email address, a subscription
contract will be formed, at which point we will provide you with access to the
parts of Roberts Birds according to your subscription type. We reserve the
right to reject any offer at our discretion, for any or no reason.
Subscription term and
subscription fees
Your
subscription will renew automatically (referred to as “renew” on Website)
unless you change your subscription type or either you or we cancel
auto-renewal of your subscription. We will charge the subscription fee using
the Apple Inc. renewal payment system. If you do not want your subscription to
auto-renew, please follow the process set out below.
If you wish to stop subscribing, you can cancel auto-renewal of your
subscription through the "Your account" page on the devices settings
any time before the end of your subscription term.
The subscription fee and term will be made clear to you on our sign-up pages.
The fee and term may vary from time to time, and the fee will vary depending on
your country of residence. You agree to pay the fee at the rates notified to
you at the time you sign up for your subscription. We will notify you of any
increase in the fee for your renewal subscription, and offer you an opportunity
to cancel the renewal of your subscription if you do not wish to pay the new
fee.
You shall bear any fee, charge or commission charged for paying your
subscription fee. You are also responsible for paying any internet connection
or telecommunications charges that you may incur by using the Website.
Intellectual Property
Rights
All
Content belongs to Roberts Birds or its licensors, who own all associated
copyrights and other intellectual property rights of the Content. You
acknowledge that you are not granted any rights to the Content and may not use
(including but not limited to, making a copy of, duplicating, storing, playing,
selling, reselling or reproducing in any other medium) all or any part of Roberts
Birds and the Content.
Apple Terms
Roberts
Birds, and not Apple, is solely responsible for the App and the license granted
herein. Apple has no obligation to provide maintenance and support for the App.
User’s use of the App must comply with the Usage Rules set forth in the Apple
App Store Terms of Use, which can be accessed and downloaded at:
https://www.apple.com/legal/internet-services/itunes/us/terms.html.
In order to respond to FAQs and help its customers to resolve common problems
without needing direct assistance from Support, Roberts Birds maintains the
Knowledge Base on the Roberts Birds apps website (www.robertsbirds.co.za). If
your question is not resolved via the Knowledge Base, the Roberts Birds help
desk can be contacted by email via birds@robertsbirds.co.za.
Apple is not responsible for addressing, investigating, defending, settling, or
discharging any claim brought by user or any third party for allegations
relating to the App, or your possession and/or use of the App, including but
not limited to: (a) product liability; (b) any failure of the App to comply
with applicable legal or regulatory requirements; (c) consumer protection or
similar legislation; or (d) infringement of third party intellectual property
rights.
Notwithstanding anything to the contrary in the Agreement, Apple and its
subsidiaries are third-party beneficiaries of the iOS App Terms of Use, and
have the right (and shall be deemed to have accepted the right) to enforce the
iOS App Terms of Use against you. To the maximum extent permitted by applicable
law, Apple will have no warranty obligation whatsoever with respect to the App,
and will not be liable for any claims, losses, liabilities, damages, costs, or
expenses attributable to any failure of the App to conform to any warranty.
Apple shall not be required to provide a refund to you under any circumstances.
Liability
While
Roberts Birds tries to keep its Service safe, secure, and functioning properly,
Roberts Birds cannot guarantee the continuous operation of, or access to, Roberts
Birds. Roberts Birds will use reasonable efforts to remedy any faults or
interruptions that we are aware of, but Roberts Birds is not liable for matters
beyond its control. You acknowledge that Roberts Birds provides the Service and
Content on an "AS IS" and "AS AVAILABLE" basis. Roberts
Birds does not make any promises as to the quality, completeness or accuracy of
the Content.
Any agreements, transactions or other arrangements made between you and any
third party named on (or linked to from) the Service are at your own
responsibility and entered into at your own risk.
If you add or share any image or data you warrant to the fullest extent
permitted by law that you have the copyright or have obtained the permission of
the copyright holder to upload the additional material. Roberts Birds has no
liability whatsoever if you load images and share these where the necessary
copyright permissions are not in place.
The limitations of liability in this clause apply for the benefit of Roberts
Birds, its affiliates and all of their respective
officers, directors, employees, agents or any company to whom Roberts Birds
transfers our rights and obligations in accordance with these Terms of Use.
Term and Termination
Upon
termination of your the subscription, the app will continue to work until the
subscription period has expired and you are due for renewal. The iOS App Terms
of Use shall terminate immediately and automatically upon the expiration of
your Roberts Birds subscription for whatever reason. Upon any such expiration,
you will no longer have access to app when the renewal is due. Termination of
the iOS App Terms of Use shall not entitle you to any refund, credit, or other
compensation from Roberts Birds under the Agreement or any other agreement or
from any third party.
Changes to these Terms
Roberts
Birds may change these Terms of Use at any time. Roberts Birds shall publish
the revised Terms of Use and their effective date on the Website before the
effective date, and the revised Terms of Use shall be effective as of the
effective date. By continuing to use Roberts Birds, you agree to the revised
Terms of Use.
Roberts Birds app is a
free to download app with options to purchase content as in-app purchases. This
SERVICE is intended for use as is.
This serves to inform
users regarding our policies with the collection, use, and disclosure of
Personal Information if anyone decided to use our Service.
If you choose to use our
Service, then you agree to the collection and use of information in relation to
this policy. The Personal Information that we collect is used for providing and
improving the Service. We will not use or share your information with anyone
except as described in this Privacy Policy.
The terms used in this
Privacy Policy have the same meanings as in our Terms and Conditions, which is
accessible at Roberts Birds unless otherwise defined in this Privacy Policy.
Information Collection
and Use
For a better experience,
while using our Service, we may require you to provide us with certain
personally identifiable information, including but not limited to email
address. The information that we request will be retained by us and used as
described in this privacy policy.
The app does use third
party services that may collect information used to identify you.
Log Data
We want to inform you that
whenever you use our Service, in a case of an error in the app we collect data
and information (through third party products) on your phone called Log Data.
This Log Data may include information such as your device Internet Protocol
(“IP”) address, device name, operating system version, the configuration of the
app when utilizing our Service, the time and date of your use of the Service,
and other statistics.
Cookies
Cookies are files with a
small amount of data that are commonly used as anonymous unique identifiers.
These are sent to your browser from the websites that you visit and are stored
on your device's internal memory.
This Service does not use
these “cookies” explicitly. However, the app may use third party code and
libraries that use “cookies” to collect information and improve their services.
You have the option to either accept or refuse these cookies and know when a
cookie is being sent to your device. If you choose to refuse our cookies, you
may not be able to use some portions of this Service.
Service Providers
We may employ third-party
companies and individuals due to the following reasons:
To facilitate our Service;
To provide the Service on
our behalf;
To perform Service-related
services; or
To assist us in analyzing
how our Service is used.
We want to inform users of
this Service that these third parties have access to your Personal Information.
The reason is to perform the tasks assigned to them on our behalf. However,
they are obligated not to disclose or use the information for any other
purpose.
Security
We value your trust in
providing us your Personal Information, thus we are striving to use
commercially acceptable means of protecting it. But remember that no method of
transmission over the internet, or method of electronic storage is 100% secure
and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
This Service may contain
links to other sites. If you click on a third-party link, you will be directed
to that site. Note that these external sites are not operated by us. Therefore,
we strongly advise you to review the Privacy Policy of these websites. We have
no control over and assume no responsibility for the content, privacy policies,
or practices of any third-party sites or services.
Children’s Privacy
These Services do not
address anyone under the age of 13. We do not knowingly collect personally
identifiable information from children under 13. In the case we discover that a
child under 13 has provided us with personal information, we immediately delete
this from our servers. If you are a parent or guardian and you are aware that
your child has provided us with personal information, please contact us so that
we will be able to do necessary actions.
Changes to This Privacy
Policy
We may update our Privacy
Policy from time to time. Thus, you are advised to review this page
periodically for any changes. We will notify you of any changes by posting the
new Privacy Policy on this page. These changes are effective immediately after
they are posted on this page.
Contact Us
If you have any questions
or suggestions about our Privacy Policy, do not hesitate to contact us at birds@robertsbirds.co.za