Last updated May 12, 2020.
Use of the bird Website.
The Website is owned and operated by Conscious Circle Limited (“CCL” or “Bird” or “we”). CCL reserves the right to suspend or to terminate your access to the Website at any time, with or without notice.
The Website is primarily intended for those who access it from within Hong Kong. Products and services referred to on the Website are offered only in jurisdictions where and when they may be lawfully offered by us. The material on the Website are not intended for use by persons located in or resident in jurisdictions which restrict the distribution of this material by us. Persons accessing these pages are required to inform themselves about and observe any relevant restrictions.
Bird may amend the Terms or add terms from time to time. Unless we provide a delayed effective date, all amendments or additional terms will be effective upon posting of such updated Terms. Your continued access to or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.
All intellectual property rights, including copyright and trademarks in the content ('Content') displayed on the Bird website, belong to CCL or its licensors.
Use of Website Content.
Users are prohibited from using in whatsoever manner the Content in the Website without prior written permission of Bird except that you may retrieve and display the Content on a computer screen or mobile devices. In particular, you agree not to download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Content without the prior written consent of Bird. You agree not to use the Content or the Website for any illegal or improper purpose, nor for any purpose which might infringe the rights of others or which might harass or cause inconvenience or distress to any person.
Limitation of liability and disclaimer.
Bird obtains the Content from a wide range of sources including researches, facts, views, opinions and other information. However, we do not guarantee the timeliness, accuracy, completeness, performance or fitness for any particular purpose of the Website and the Content nor do we endorse or accept any responsibility for any views, advice, recommendations or opinions expressed on the Website or any website to which we link.
The Content should only be used for your general information and use and not by way of specific recommendation or advice as your circumstances are different to other users.
Before taking any action or decision based in whole or in part on the Content, you should always make your own independent checks of any information that is important in making such decision or taking such action. You should also seek professional advice in appropriate circumstances (such as medical advice).
Bird does not give any warranties in respect of the Website free from any viruses or other contamination or that the Website is compatible with any computer systems, software or browsers.
Bird shall not be liable for any claims, injuries, losses, penalties, damages and any costs arising from your use of, or inability to use the Website or the Content or from any action taken, or omitted to be taken, as a result of using the Website or the Content.
Third-party Sites, Products and Services; Links.
Bird contains links to other websites operated by third parties who are wholly separate from Bird. Such links are provided for your convenience and reference only and Bird cannot be held any responsibilities in any way for any of the content of such websites.
Hong Kong Laws.
By accessing the Bird websites you agree to accept that these Terms are governed by and construed in accordance with Hong Kong laws. You also accept the exclusive jurisdiction of the Court in relation to any dispute that may arise in connection with these Terms or your use of the Website or arising in any way from the Content.
Terms and Conditions.
These Terms and Conditions (“Terms”) are a contract between you and Conscious Circle Limited (“CCL” or “Bird” or “we”) and govern your access to and use of any Bird website, mobile application (such as for iPhone or Android) or content (the “Site”) or any recreational, wellness, or other classes, experiences, activities, events, services, recordings, and/or products made available through and by Bird (collectively, “Classes”). Please read carefully these Terms and Conditions before accessing and/or using the Site and/or participating Classes.
1) Acceptance of Terms. By accessing and/or using the Site and/or Classes, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or participate any Classes.
2) Amendment or Additional of Terms. Bird may amend the Terms or add terms from time to time. Unless we provide a delayed effective date, all amendments or additional terms will be effective upon posting of such updated Terms. Your continued access to or use of the Site / Classes after such posting constitutes your consent to be bound by the Terms, as amended or added.
B. Online Reservation.
All Bird participants can reserve, schedule, purchase, access or attend a wide range of meditation and wellness Classes offered via The Mindbody platform (“Mindbody”). For more information, please visit www.mindbody.com.
C. Fees, Billing, Cancellation.
1) Fees and Billing. For our terms and conditions relating to our fees and billing, please visit www.mindbody.com.
2) Cancellation of Classes. You must cancel your Classes only through Mindbody.
3) Cancellation fees and other charges. All Classes must be cancelled 3 hours in advance. A late cancellation or no show will result in the class not being re-credited to your account.
We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign-up fee) and to change the amount of any such fees at any time.
4) Refunds. All our fees are non-refundable unless specified in writing otherwise at the time of purchase
D. Termination or Modification by Bird.
Bird reserves the absolute right to refuse service, remove or edit content, or cancel orders in their sole discretion without notice to you. . Upon any termination, discontinuation or cancellation of Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
You agree not to do the following without limiting any other restrictions found elsewhere throughout the Terms:
F. Ownership; Propriertary Rights; Content.
1) Content and Content Rights. For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.
2) Content Ownership. Bird does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Bird and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the HKSAR and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
G. Electronic Signatures and Agreements.
You acknowledge and agree that by clicking on the button labeled “CONFIRM PURCHASE,” “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT” or such similar links as may be designated by Bird or Mindbody to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other applicable laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY Bird. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
(1) Any disputes, controversy or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the HKIAC Administered Arbitration Rules (the “Arbitration Rules”) in force when the Notice of Arbitration is submitted.
(2) The seat of arbitration shall be Hong Kong.
(3) The number of arbitrators shall be three appointed in accordance with the Arbitration Rules, of whom, one shall be appointed by the claimant(s), one shall be appointed by the respondent(s) and the third one shall be appointed by the Secretary General (as defined in the Arbitration Rules) of the HKIAC.
(4) The arbitration proceedings shall be conducted in English. The arbitrators shall decide any dispute strictly in accordance with the governing law stipulated in Terms. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
(5) The parties agree to facilitate the arbitration by (i) cooperating in good faith to expedite (to the maximum extent practicable) the conduct of the arbitration; (ii) conducting arbitration hearings to the greater extent possible on successive business days; and (iii) using their best efforts to observe the time periods established by the Arbitration Rules or by the arbitration tribunal for the submission of evidence and briefs.
(6) The costs and expenses of the arbitration, including the fees of the arbitrator and the HKIAC, shall be borne equally by each party to the dispute or claim, and each party shall pay its own fees, disbursements and other charges of its counsel. The arbitral tribunal shall have discretion to order that the successful party or parties shall be reimbursed their costs or a portion of their costs by the unsuccessful party or parties.
(7) Any award made by the arbitration tribunal shall be final and binding on each of the parties that were parties to the dispute. The parties expressly agree to waive the applicability of any law that would otherwise give the right to appeal to any court of law for the award of the arbitration tribunal insofar as such waiver may be validly made.
(8) In order to preserve its rights and remedies, any party shall be entitled to seek preservation of property or any other interim relief in accordance with law from any court of competent jurisdiction or from the arbitration tribunal. During the period when the dispute is being resolved, except for the matters being disputed, unless otherwise ordered or agreed, the parties shall in all other respects continue their implementation of this Agreement.
I. General Disclaimers; No Warranties.
The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
J. Waiver and Release.
You are solely responsible for determining whether the class or recommendations available on or through the site and/or classes are right for you.
You understand that there are certain inherent risks and dangers in any sport, activity, or training associated with exercise services and that the classes you may attend or participate in offer a range of activity and intensity levels. By using bird (including but not limited to attending, participating in or using a class), you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness, loss and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm.
You acknowledge and agree that it is your responsibility to consult with your physician or other health care professional prior to using bird (including but not limited to attending, participating in or using a class) and to determine if and how participating is appropriate for you. Do not use classes if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.
You also understand and agree that any information offered on site is designed for information only. Nothing stated or posted on or otherwise available through any aspect of the site and/or a class is intended to be, and must not be taken to be, the practice of medical, professional or counseling care. You should not rely on any information on or through the site and/or a class as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or fitness level, you should always consult a physician or other health-care professional. Do not ever disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read or heard on or through the site and/or a class. The use of any of the content, recommendations and information provided on or through bird is solely at your own risk.
The site is continually under development and bird makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in research may impact the fitness or related advice that appears on or in connection with the site. No assurance can be given that the advice or recommendations contained in or through the site and/or a class will always include the most recent findings or developments with respect to the particular material or content.
K. Indemnification; Hold Harmless.
To the fullest extent permissible by applicable law, you agree to indemnify and hold Bird, its affiliated entities, subsidiaries, its suppliers, service providers and partners and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, harmless from any claims, actions, suits, costs, expenses, losses, damages, liabilities, including attorneys’ fees, arising out of or in connection with your misuse of the Site, Classes, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms.
L. Limitation of Liability and Damages.
Under no circumstances will bird or its affiliates, contractors, employees, agents, or third-party partners or suppliers be liable for any special, indirect, incidental, or consequential damages under any theory of liability, whether based in contract, tort (including negligence and product liability), or otherwise, even if bird has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, bird’s liability will be limited to the fullest extent permitted by applicable law.
Bird’s liability to you is limited to hk$70 or the amounts, if any, paid by you to bird under this agreement in the three months immediately prior to the event first giving rise to the claim, whichever is more. The foregoing limitations will apply to the maximum extent permitted by applicable law, regardless of whether bird has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.
M. Infringement Policy.
Copyright on the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised by these terms and conditions, you may not in any form or by any means: adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or commercialise any information, products or services obtained from any part of the Website without our written permission or, in the case of third party material, from the owner of the copyright in that material.
Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trademark used by us. You are prohibited from using such marks without the written permission of us.
1) Governing Law. These Terms and Conditions and any action related thereto will be governed by the Hong Kong laws. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be non- exclusively brought in the Hong Kong courts.
2) Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees. In the event of any such assignment of these Terms or Bird’s obligations, you agree that you shall release Bird from any of its obligations under these Terms, provided that the relevant transferee agrees to assume any and all such obligations.
3) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
4) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
5) Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Bird relating to the subject matter herein.
6) Notice. Except as explicitly stated otherwise, legal notices will be served, with respect to Bird, on Bird’s registered office, and, with respect to you, to the email address you provide to Bird during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
7) English Language. You understand and agree that these Terms will be in the English language.
We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.