Terms and Conditions
Birdie is a service provided to family members to monitor the health and wellbeing of an elderly relative (“Older Adult”). The Older Adult may be receiving home care services (“Home Care”) from professional care givers (“Carer”) who regularly visit the Older Adult in their home. Birdie allows a family member to sign up for Birdie’s services via the App and add other users, e.g. family members, Carers, cleaners and any other individuals who may have responsibility for monitoring the Older Adult’s health and wellbeing. This group of people is called “the Flock”. The family member who signs up first to the App is called “the Owl”.
The Owl is able to define the appropriate levels of access and rights of each member of the Flock on the App. These people will be referred to as Robins, Starlings, Eagles and any other name as may be set out in the App. Their respective user rights will be set out in the App. Only the Owl has full admin rights and only the Owl is able to add or remove users.
The App will allow the Flock to:
Monitor the health and wellbeing of the Older Adult through the use of data recorded by the Flock in the App and optional sensors and cameras placed in the Older Adult’s home.
Keep in touch with other members of the Flock through the messaging service on the App in order to coordinate support for the Older Adult.
Access and book Additional Services for the Older Adult with third party service providers, such as transportation, on call doctors and meal deliveries.
From time to time, updates to the App may be issued through your app store provider. Depending on the update, You may not be able to use the App until you have downloaded the latest version and accepted any new terms.
By using the App, you consent to us collecting and using technical information about the devices used to access the App and any related software, hardware and/or peripherals to improve our products and to provide any Services to You.
In order to register to use the Birdie services, the Owl will need to set up an account either on the Birdie website or through the App.
The Owl will be responsible for providing the necessary permissions of the Older Adult and passing our consent protocols, which may include uploading a copy of a Power of Attorney for the Older Adult, uploading a copy of a valid Court of Protection order, or uploading a voice recording/signature of the Older Adult to confirm their consent for their personal information to be processed by Birdie and shared amongst the Flock.
The Owl will be able to invite other users to the Flock by providing an email address or mobile telephone number in the App and selecting the level of access of that user. That user will receive an email or text message with a unique access token, and will be able to create an account on the App, giving them access to the Older Adult’s profile.
The Owl represents and warrants to Us that the details that You provide to Us on the Older Adult are accurate and up to date and that you have the appropriate permission and consents to share information and data on the Older Adult, including medical information and details of the Older Adult’s care plan. All users in the Flock represent and warrant to Us that the details that You provide to Us on yourself are accurate and up to date.
If You, as the Owl, sign up for a Birdie subscription package that includes sensors and cameras (“Monitoring Equipment”), We will share your contact details with our third party equipment suppliers who will contact You to arrange a suitable time to install the Monitoring Equipment in the Older Adult’s home.
As the Owl, You are responsible for sharing access to the Older Adult’s profile with the Flock, the Carers or any agency that employs the Carers (“Care Agency”) by inviting them to join the Flock. The tasks and specific services that the Flock carry out are not affected by Your use of the App, and should be agreed separately. Birdie will provide remote training for Carers on how to use the Services, and will provide Care Agencies with a desktop application with which to access the Birdie system.
If any disputes or disagreements arise between You, the Older Adult, the Flock, Carers or the Care Agency relating to the care of the Older Adult or payments made or due from You, You are responsible for resolving any such disputes directly with each other. Birdie shall not be a party to any such dispute and Birdie is not obliged to take any action toward resolving the dispute.
Depending on the level of user access granted to You by the Owl, You may request Additional Services available through the App by placing an order through the App (“Booking”).
Additional Services may be provided by a third party (“Service Provider”). In such cases, Birdie will act as an agent of the third party to facilitate the placing of the order and the collection of payment from the Owl but the Service Provider will be responsible for fulfilling the order to You and Birdie does not control such Additional Services provided (or not provided) or the quality or timing of those services and disclaims all liability for such. As the Owl, You may be asked to agree to separate terms and conditions for some Additional Services with the Service Provider but we will inform You of this and provide You with the relevant documents, if necessary.
The Owl is responsible for making payment for Additional Services booked by members of the Flock. As the Owl, You can pay for Bookings by using credit or debit cards and any other methods as indicated on the App from time to time. Depending on Your payment method, You may be directed to a payment gateway e.g. Stripe and review the total amount payable for Your Booking before clicking ‘Order with obligation to pay’ to authorise the payment and place Your Booking. You confirm to Us that the payment card You use is Yours or that You have been specifically authorised to use it to purchase Your Booking. By a member of the Flock placing a Booking, You as the Owl, authorise Us to charge Your payment card on completion of the Additional Services for the full purchase price and we are entitled to rely on placing a Booking as an instruction to Us to take Your payment.
Your Booking won’t be approved and a contract of sale won’t be formed between Us, or between You and the Service Provider, until we have reviewed Your Booking, verified your payment method and provided You with confirmation of Your Booking by phone, chat, email or in-app message.
If You wish to make a change to Your Booking please contact Us. We will let You know if the change is possible. If it is possible we will let You know about any changes to the price of Your Booking, the timing of supply or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to You, You may want to cancel the Booking.
We may need to change Your Booking:
if the information You have provided Us in the Booking is not correct or incomplete;
if we are no longer available to fulfil Your Booking; and
to reflect changes in relevant laws and regulatory requirements; but in any event we will notify You and obtain your approval before any changes (including the price) to Your Booking are made. If You are unhappy with these changes, You may then contact Us before the changes take effect and receive a refund for any Additional Services not provided.
Without affecting Your general rights as a consumer, if the Additional Services were provided with reasonable skill and care and in accordance with the agreed terms of the Booking then we will generally be unable to provide any refund for Additional Services provided.
Fees and payment
The App has a number of different subscription packages (each a “Subscription Package”) for different levels of service with accompanying charges (“Subscription Fee”), including promotional deals, which may vary from time to time. As the Owl, You will be asked to select a Subscription Package when you register for the Services. There may be up-front charges for certain Monitoring Equipment (“Activation Charges”) depending on the type of Subscription Package you select.
As the Owl, You shall pay any Subscription Fee that applies to Your Subscription Package, the Activation Charges (if applicable) as well as fees and charges for any Additional Services.
As the Owl, You may change your Subscription Package at any time provided you give Us one month’s notice through the App, and provided that We are able to collect any Monitoring Equipment in accordance with clause 11.3 below.
We may change the Subscription Fee and any other charges for the Services at any time as long as we give you at least two months’ notice. You may cancel the Services and the use of the App without any notice or penalty if we do this.
Payment of the Subscription Fee shall be made by direct debit in the manner indicated on the App from time to time.
If you choose to have Monitoring Equipment installed in the home of the Older Adult to monitor the Older Adult’s wellbeing through the App, we will provide the sensors, cameras or bracelets as applicable to the Subscription Package You have selected.
We may share Your contact details with our third-party device suppliers who will either contact You to arrange a suitable time to install the Monitoring Equipment or provide you with instructions on self-installation.
The Monitoring Equipment shall remain Our property and we, through our third party suppliers, shall be responsible for the maintenance of the Monitoring Equipment.
The data gathered from the sensors shall be collected by us or our third party suppliers to provide more detailed information on the Older Adult’s wellbeing and shall be accessible by You on the App for as long as you maintain the Subscription Package that includes sensors and for a period of six months after termination of the services.
If you choose to have cameras installed in the home of the Older Adult you will have the ability to view the live camera feeds in real time on the App. We will not record or monitor any camera feeds.
As the Owl, You will be responsible for ensuring that the Monitoring Equipment remains in the home of the Older Adult and in the place where it has been installed by Us, and for informing us if the Monitoring Equipment becomes damaged or you think it is faulty.
Access to the app and licence grant
By using the App you confirm to us that you are 18 years old or over.
You are responsible for obtaining (at Your own cost) all necessary devices and telecommunications services required to access the App. You are also responsible for ensuring that no person uses Your Device to access the App without Your permission. We will be entitled to assume that you will not allow anyone else to access the App using Your Device.
Unless You have entered into a separate written agreement with Us, You shall not copy republish, frame, link to, download, transmit, modify, adapt, rent, lease, loan, sell, assign, distribute, license or sublicense the App or any of the Content. No copyright and/or other intellectual property notices or watermarks on any Content shall be deleted or modified.
You shall not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App except to the extent allowed by law.
Your access to our services
While Birdie endeavours to ensure that the App is normally available 24 hours a day, Birdie shall not be liable if for any reason the App is unavailable at any time or for any period.
Access to the App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Birdie’s control.
When you register with Us and choose a password to protect your secure account, You are responsible for maintaining the confidentiality of Your password. If You become aware of any unauthorised use of Your account, You must notify Us and You should change Your password immediately. You are solely responsible for all activities that occur under Your password and/or account. You shall not permit anyone else to use Your account
not provide false personal information when creating and maintaining Your account profile on the App.
not use the App in any improper or unlawful manner or in breach of any legislation or licence that applies to You;
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the App; and
not use the App in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users.
You agree to comply with all reasonable instructions that We may give You regarding Your use of the App.
Disclaimer and limitation of liability
Birdie is not responsible for the selection of Carers or for the selection or performance of any tasks assigned to Carers.
Birdie is not a provider of personal care or any other regulated activities listed in Schedule 1 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
Birdie is not responsible for any failures due to errors made by You, the Carer or other members of the Flock in the input of data or the failure to complete a care report, the blocking or moving of sensors or cameras, failure to follow instructions on use or self-installation of any Monitoring Equipment, sensors damaged by anyone other than Birdie or Our agents, dead batteries in Your device used to access the App, internet unreliability, or power outages. It is Your responsibility to maintain a separate channel of care and communication with the Older Adult to guarantee safety, security, health, happiness, and well-being. Birdie is just one component in a comprehensive caring network among the Older Adult, their families and professional caregivers.
Birdie may use the data gathered from the sensors and the reports of users to detect abnormal patterns in the health and wellbeing of the Older Adult and may notify the Owl as We deem appropriate but Birdie is not responsible for missing signs, the giving of false alarms or false positives. In no way is any notification from Birdie to be interpreted as a medical diagnosis.
You acknowledge that the App has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the App as described meet Your requirements.
We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes (save for the use of the App by professional Carers who are engaged by the Owl or Older Adult), and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We reserve the right to suspend or cease providing any services relating to the App with or without notice, and shall have no liability or responsibility to You in any manner whatsoever if we choose to do so.
Use of the App is at your own risk. The App is provided on an “as is” basis. To the maximum extent permitted by law:
Birdie disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the App or for the Additional Services; and
all implied warranties, terms and conditions relating to the App and Additional Services (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment and title are, as between future and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the App; or any damage or injury to Older Adults or their property as a result of or relating to their or Your use of the App. Your statutory rights are not affected.
Subject to Clause 8.1, You agree that neither We nor the applicable app store provider shall be liable for:
Any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including corruption of data); or
Any loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with:
Any use of this App or its contents;
Any failure or delay in the use of any component of the App or any service including any unavailability of the App or the Services irrespective of duration of any period of unavailability; or
Any use of or reliance upon any feature, content, material, information, software, products, services and related graphics obtained through the App in all cases even if We have been forewarned of the possibility of such loss or damage.
Without limiting the effect of Clause 8.1, due to the inherent risks of using the internet, We cannot be liable for any damage to, or viruses that may infect, Your device or any other property when You are using the App. The downloading or other acquisition of any features, content, materials or information made available via the App is done at Your own discretion and risk and with Your agreement that You will be solely responsible for any damage to Your device or loss of data that results from the downloading or acquisition of any such materials.
You acknowledge and agree the applicable app store provider has no obligation whatsoever to provide any maintenance and/or support services with respect to the App. Any maintenance and/or support queries should be addressed to Us using the contact details set out in Clause 13.1. We will respond to customer support enquiries within three (3) working days, and within 24 hours to any concerns identified as critical by an app store provider.
We, and not the app store provider, shall be responsible to You for any failure of the App to comply with any product warranties relating to the App, whether expressed or implied by law, and which We are not permitted to exclude or disclaim because of applicable law.
We, and not the applicable app store provider, will be solely responsible for addressing any claims that You or any third party may have with respect to the App or Your possession or use of the App including, but not limited to any:
product liability claim;
intellectual property rights claim brought against You by a third party;
claim that the App fails to conform to any applicable legal or regulatory requirements; and
claim arising under consumer protection or similar legislation.
Any claim brought against Birdie in relation to the use of the App shall be brought by the Owl and You agree that, subject to clause 8.1, We shall not be liable to the Older Adult or any other members of a Flock except through a claim brought by the Owl.
You shall indemnify Birdie against any loss, damages, costs or expenses which are awarded against or incurred by Birdie as a result of any claim or threatened claim (including any claim or threatened claim by a third party) arising out of or related to:
Your misuse of the App and/or the Services;
Any messages or other content you post on or transmit via the App;
Your infringement of intellectual property rights;
Your failure to provide accurate, up to date information; and
Your interactions with other users of the App.
Third party websites
Third party websites are in no way approved, vetted, checked or endorsed by Us or by the applicable app store provider and You agree that neither We nor any app store provider shall be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such websites. Links do not necessarily imply that We are or that the App is affiliated to or associated with such third party websites. If You decide to visit any other website, You do so at Your own risk.
You will need to make your own independent judgement regarding your interaction with any third-party Sites, including the purchase and use of any products or services accessible through them.
We may remove the App or cease providing any of the services, features, content, materials, information or services provided via the App at any time in Our absolute discretion for any reason whatsoever.
You may terminate the Services and uninstall the App from Your Device at any time.
If you terminate a Subscription Package which includes Monitoring Equipment, you may continue to use the App but will only have access to the free version and Services, which will entitle you to continue to access some of the data and features. Our third party supplier will arrange to uninstall and collect any Monitoring Equipment from the Older Adult’s home and You will cooperate with them to give them access. We will continue to charge for the Subscription Package until such time that you have given access for the Monitoring Equipment to be retrieved.
Neither Clause 11.1 nor Clause 11.3 will affect any accrued rights and liabilities of either You or Us as at the time of such removal or uninstallation.
Privacy and confidentiality
If You would like to contact Us or make a complaint about anything contained in the App, please contact Us by email at: email@example.com
These terms are governed by English law and You can bring legal proceedings in the English courts.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. If You are not happy with how we have handled any complaint, You may want to submit the dispute to an online resolution to the European Commission Online Dispute Resolution platform (click here). If You are not satisfied with the outcome You can still bring legal proceedings.
New Year Offer
This New Year Trial Offer expires and must be redeemed before the date advertised. Birdie Care reserves the right to earlier terminate this New Year Trial Offer at any time and for any reason. After such time of termination, Birdie Care shall not be obligated to redeem any further New Year Trial Offers.
Birdie Care Services LTD.