Date of Last Revision: December 2012
Welcome to birbl
Information about us
birbl.com is a site operated by birbl. birbl is the trading name of Global Living Ventures Limited. We are registered in Ireland under company number 505737 and have our registered office at 129 Lower Baggot Street, Dublin 2, Ireland. Our main trading address is https://birbl.com. Our VAT number is IE 9837515G. We are a limited liability company.
ACCESS AND USE OF THE SERVICE
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify birbl of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. birbl will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: birbl reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that birbl shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that birbl may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on birbl's servers on your behalf. You agree that birbl has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that birbl reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that birbl reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
CONDITIONS OF USE
User Conduct: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or otherwise transmit or use via the Service, whether as a Partner, end user or otherwise. The following are examples of the kind of content and/or use that is illegal or prohibited by birbl. birbl reserves the right to investigate and take appropriate legal action against anyone who, in birbl's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to: ol type='a' li Post or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of birbl, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose birbl or its users to any harm or liability of any type; li impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; li solicit personal information from anyone under the age of 18; li harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; li advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; li interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or li violate any applicable local, state, national or international law, or any regulations having the force of law; li further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or li obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Partner Fee Terms: If you are a Partner, birbl will endeavour to remit Revenue (defined below) to you, less birbl's applicable fees (as described on the Site and in the Services), within 48 hours of the Start Date (defined below). For purposes hereof, "Revenue" shall mean gross revenue actually received by birbl from its sale of Activities hereunder, less taxes, refunds, returns, chargebacks, and bad debt. For purposes hereof, the "Start Date" shall be the date of commencement of the activity or experience described in the relevant Activity. All Revenue will be paid to Partner in accordance with the payment information provided by the Partner to birbl through the Service, and Partner is solely responsible for ensuring such information remains accurate and up to date. Partner will be responsible for all taxes in connection with the Activities (excluding taxes based on birbl's net income). If Partner disputes any payments, Partner must let birbl know within sixty (60) days after the date that birbl pays you.
The Reducing Price Model
Vendors sign up to birbl and list services and events;
The more customers that book the service or event, the lower the price goes;
Customers pay the lowest published price for a service/event via credit card which then allows them to participate in reducing the price of the service/event by circulating to their friends and contacts via social media;
The vendors engage in a dynamic pricing model that reduces as the group fills, at no risk to the vendors as they have already set their minimum price;
The final price is defined by the last person into the group;
The maximum discount price is reached only when the group is full;
All customers democratically pay the same final price;
In order to book a reservation for an Activity, all customers must create a user account and furnish a valid credit card number against which the final price will be charged as described above. By booking a reservation and furnishing credit card details, the customer agrees to pay the final price on the day that price is determined;
Customers wishing to cancel must adhere to the terms agreed upon when they reserved, and will be charged for any fees or penalties as described in the cancellation policy for that event;
For cancellations contact firstname.lastname@example.org directly
A 3 % service fee and credit card merchant bank charge fees, are non refundable.
Cancellations are according to the vendor's chosen terms and conditions.
There are 4 classes, open, flexible, moderate, and strict.
full refund, except fees.
full refund up to 24 hours in advance, except fees
full refund up to 7 days in advance, except fees
50 % refund up to 28 days in advance, except fees
Full refunds are made including any service fees if the capacity required to make the offer is not reached or the partner seller does not provide the service.
Credit Card Charges
The customer pays credit card charges.
Partners can block off inventory in the system at any time after making an offering, they can not delete inventory from the system after a customer has bought in to the offer.
Partners may choose to block off inventory in order to trigger the dynamic discounting procedure.
INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by birbl, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service is the property of birbl, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by birbl.
User Content Posted on the Site: You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients, whether as a Partner, end user or otherwise (collectively, "User Content"). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant birbl and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to birbl are non-confidential and birbl shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyright Complaints: birbl respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify birbl of your infringement claim in accordance with the procedure set forth below.
birbl will process and investigate notices of alleged infringement and will take appropriate actions under copyright law and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to birbl.
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site or Service, with enough detail that we may find it on the Site or Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner‘s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to birbl at [email@example.com]:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by birbl, birbl will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the Trademark Act, 1996 and copyright and other applicable law, birbl has adopted a policy of terminating, in appropriate circumstances and at birbl 's sole discretion, users who are deemed to be repeat infringers. birbl may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD PARTY WEBSITES
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. birbl has no control over such sites and resources and birbl is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that birbl shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Activities, content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties (including Partners) found while using the Service are between you and the third party, and you agree that birbl is not liable for any loss or claim that you may have against any such third party.
All Activities made available in connection with the Service are promotional offers that are made available directly by the relevant Partner (not birbl itself) and are redeemable solely for the applicable goods or services of the relevant Partner. The Partner, not birbl, is the provider of the Activity and the goods and services and is solely responsible for providing the goods or services pursuant to any Activity you purchase. The following terms and conditions apply to all Activities:
- Redemption is determined by Partner.
- Activities cannot be combined with any other offers, vouchers, third party certificates, coupons, or promotions, unless otherwise specified by the Partner.
- Reproduction, sale or trade of any Activity is prohibited.
- Activities are void to the extent prohibited by law.
If you are a Partner, you are the holder and issuer of each Activity you make in connection with the Service.
Partners must approve or deny a user's request to purchase an Activity within 48 hours after birbl sends a notification that a user has requested an Activity. As a holder and issuer of the Activity, the Partner represents, warrants and agrees that it shall fully honour and redeem all Activities and shall be solely and fully responsible for any and all injuries, illnesses, damages, claims, liabilities, losses and costs suffered by or related to a customer concerning any Activity or caused in whole or in part the Partner, as well as for any unclaimed property liability arising from unredeemed Activities or portions thereof. Each Partner hereby waives, and releases and will hold harmless birbl and its officers, directors, employees and agents from, any claim, liabilities, losses, damages, or injury arising from or related to any Activity or any act or omission of Partner in connection with an Activity or the services or goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of Activities or any portion thereof.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you or any visitor to our site, or by anyone who may be informed of any of its contents.
INDEMNITY AND RELEASE
DISCLAIMER OF WARRANTIES
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. The material birbl expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of its Partners, fitness for a particular purpose, title and non-infringement.
birbl makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
LIMITATION OF LIABILITY
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: (i)All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; (ii)Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
You expressly understand and agree that birbl shall not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if birbl has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In no event shall birbl's total liability to you for all damages, losses or causes of action exceed the amount you have paid birbl in the last six (6) months, or, if greater, one hundred dollars (€100).
You agree that you are solely responsible for your interactions with any other user or Partner in connection with the Service and birbl will have no liability or responsibility with respect thereto. birbl reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.