PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE LICENSOR’S ONLINE SERVICES (“YOUR SUBSCRIPTION”) AND LIMITS THE LICENSOR’S LIABILITY TO YOU. BY CLICKING ON THE “SUBMIT” BUTTON WHICH FOLLOWS THIS AGREEMENT AND ACCESSING THE FLIGHT TRAINING PROGRAMME (“SERVICE”) ON THE WEBSITE AT www.usebeforeflight.com (“WEBSITE”) YOU ARE FORMING A CONTRACT AND AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW (“TERMS”). THE WEBSITE AND THE SERVICE ARE PROVIDED FOR YOUR SOLE NON-COMMERCIAL USE. IF YOU DO NOT AGREE TO ALL THESE TERMS THEN YOU MAY NOT ACCESS THE WEBSITE.
1.1 The Service is provided by Winglet Media Limited (company number 05497650) whose registered office is situate at 29 High Street, Crawley, West Sussex, RH10 1BQ (“Licensor”). If You have any questions about the Terms, the Website or the Service then please contact the Licensor at the address provided here or at the email address provided under clause 1.2 below.
1.2 If You believe that there has been a breach of security such as the disclosure, theft or unauthorised use of Your ID, You must notify the Licensor immediately by e-mailing email@example.com (Ref: Customer Notification). If the Licensor reasonably believes that Your ID is being used in any way which is not permitted by this Agreement, the Licensor reserves the right to suspend access rights immediately on giving notice to You and to block access from Your ID until the issue has been resolved.
1.3 The Licensor is continually seeking to improve the Service. The Licensor reserves the right (at its sole discretion) to make changes to any part of the Service, provided that it does not materially reduce the material displayed on the Service (“Content”) or the functionality of the Service. The Licensor will not contact you directly to notify You of any changes to the Terms and therefore the Licensor encourages You to check the Website for any such changes. Your continued use of the Website and/or the Service shall demonstrate your acceptance of any changes in the Terms.
1.4 Following Your acceptance of this Agreement and subject to the payment of all fees due by You and access by You of the Service the Licensor shall make the Service available to You. Nothing in these Terms shall affect your statutory rights as a consumer; however, we regret that the Licensor cannot accept cancellations of contracts for the purchase of the Service once You have accessed the Service.
2.1 The Content and all copyright, database rights, trade and service marks or names, patents, design rights and other intellectual property rights, in each case whether registered or not, in the Content, the Service and the Website (“Intellectual Property”) belong to the Licensor or its licensors. Subject to clause 2.2 You may:-
2.1.1 retrieve and display the Content on a computer screen.
2.2 Certain Content is used under licence from third parties (“Third Party Content”). Some of the Third Party Content will be subject to additional licence and other intellectual property restrictions which must be strictly adhered to by You.
2.3 You may not (without the prior written consent of the Licensor):-
2.3.1 redistribute any of the Content or any of the other Intellectual Property (including by using it as part of any library, archive or similar service);
2.3.2 remove the copyright or trade mark notice from any copies of the Content made under this Agreement;
2.3.3 use the Service on behalf of any other person or allow access to the Service to any other person using Your ID;
2.3.4 bookmark or link to any part of the Service;
2.3.5 create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content or other Intellectual Property;
2.3.6 modify, reproduce or in any way whatsoever commercially exploit any of the Content;
2.3.7 attempt to download any part of the Website or Service, including any underlying software which it is not expressly entitled to access under this Agreement, nor attempt to reverse engineer, alter or edit any such item, nor to store it other than as necessary in the normal use of the Service; or
2.3.8 use any of the Intellectual Property for any purpose not expressly permitted by this Agreement.
The Licensor may monitor compliance by You with the terms of this Agreement and immediately on becoming aware of any unauthorised use in breach of this Agreement take all reasonable steps to both ensure that You cease such activity and to prevent any recurrence of it including where necessary terminating Your access to the Website.
4.1 The Licensor shall be under no obligation to provide the Service and may suspend Your access to the Service until any subscription fee has been paid (“Fee”).
After the period during which You will be entitled to access the Services Your Subscription shall either expire or be renewed at Your option.
4.2 The Licensor reserves the right to amend the level of the Fee at its sole discretion however, and notwithstanding, if the amendment of the Fee is upwards then you will be provided with 30 days notice of the same and the increase will then take effect at the end of that 30 day period. If you object to the increase in the Fee you may cancel this Agreement by providing the Licensor with no less then 10 days written notice.
4.3 The Licensor shall accept payment of the Fee by way of Protx on the Website.
4.4 Once payment of the Fee has been received the Licensor shall use its reasonable endeavours to ensure that access to the Services by You through the provision of a user name and password is completed within 1 hour.
5.1 The Licensor warrants that:-
5.1.1 it will use all reasonable skill and care in making the Service available to You and in ensuring its availability during Your Subscription;
5.1.2 it has the right to provide the Services under this Agreement except where indicated in this Agreement.
5.2 Notwithstanding clause 5.1.1 above, there may be times when the Service is temporarily unavailable due to routine or emergency maintenance, upgrades, uploads of new material or Software improvements (“Downtime”) as well as problems with the internet.
5.3 The Licensor shall use its reasonable endeavours to minimise Downtime and any disruption to the Service whenever possible.
5.4 Due to the number of sources from which the Licensor obtains the Content and because of the nature of the Internet and archived information, errors and omissions may occur and the Licensor does not give any warranties in respect of the Services. While the Licensor uses reasonable skill and care in incorporating Third Party Content into the Service, the Licensor does not guarantee the accuracy, completeness or correctness of any such Content.
5.5 The Licensor makes no warranty that the Website is free from viruses or anything else that has contaminating or destructive properties. It is Your responsibility to adopt appropriate back-up, firewall and other security measures.
5.6 The Licensor makes not warranty that the Service is a certified training aid and there may be technical or other inaccuracies between the Service and the particular aircraft which You may later operate.
5.7 All other express or implied warranties and representations are excluded from this Agreement to the extent that they may be fully excluded as a matter of applicable law.
6.1 The Licensor will use its reasonable endeavours to remedy faults in the Service during the Subscription. In the event of any defective Services, You agree that Your exclusive remedy shall be limited to an amount equivalent to the Subscription Fee paid by You or on Your behalf in respect of the defective Services.
6.2 The Licensor shall not be liable whether in contract, tort (including negligence) or otherwise, for:-
6.2.1 any indirect, consequential or special loss or damage whatsoever;
6.2.2 any loss of profit, loss of anticipated savings, loss of business, loss of goodwill, loss of data or other such financial or business loss or damage; or
6.2.3 any other loss or damage in an amount exceeding the total Subscription Fee paid by You or on Your behalf in the 12 months preceding the date on which such liability arose.
6.3 Notwithstanding the above provisions of this clause 6, the Licensor’s liability will not be limited in the case of fraud or for death or personal injury caused by the Licensor’s negligence.
All personal information that you supply us in connection with our products and/or services will be treated in confidence by us and will be held by us for the purpose of providing and administering our products and services. We will not give any of your personal information to any third parties.
7.2 The Licensor shall comply with all applicable UK data protection legislation from time to time in force in respect of any personal information relating to You gathered by the Licensor.
7.4 Each party agrees not to disclose to any other person, or use other than for performing this Agreement, any confidential information, including data, drawings, specifications and documentation in any media, of the other party. You agree to treat all Content including Third Party Content as confidential information. This clause shall not apply to the extent that the other party’s confidential information is in the public domain or is required to be disclosed by law or a competent authority.
8.1 All notices shall to be provided by the Licensor may be displayed by it prominently on the Website and by You at the postal address or the email address as set out under clauses 1.1 and 1.2 of this Agreement.
8.2 A notice will be deemed received, if sent by e-mail, when the e-mail is received or on the next business day if received on a weekend or a public holiday or after 5 p.m. on a working day, or if sent by post, 3 days after the date of posting.
The Website may contain links to other websites and resources, either directly or through frames and, where possible, the Licensor will make clear where such links are being made. Independent third parties provide these sites and the Licensor is not responsible and shall not be liable for the availability or content of these resources.
10.1 This Agreement and Your access to the Service may be terminated by the Licensor by written notice if You are in material or persistent breach of this Agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to You. If the Licensor reasonably believes that You are in breach of clause 2 of this Agreement it may suspend Your access to the Service at any time and without notice to You.
10.2 You may terminate this Agreement if the Service is permanently discontinued or if the Licensor is in material breach of this Agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to the Licensor or in accordance with clause 4.3 above.
10.3 Either party may terminate this Agreement by giving to the other 30 days’ written notice if the other suffers an event of insolvency, including, but not limited to an inability to pay its debts as they fall due, bankruptcy, administration, receivership, liquidation, winding up, creditors’ arrangement or ceasing to do business, or any similar or analogous event in any jurisdiction.
11.1 The Licensor may transfer and/or assign its rights and/or obligations under this Agreement. This will not affect Your rights under this Agreement.
11.2 You may not transfer any of Your rights or obligations under this Agreement.
11.3 For the purposes of the Contracts (Rights of Third Parties) Act 1999, this Agreement is not intended to, and does not, give any person who is not a party to this Agreement any right to enforce any of these provisions.
11.4 No failure or delay on the part of either of the parties to this Agreement relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
11.5 This Agreement shall be governed by and construed in accordance with the laws of England and be subject to the exclusive jurisdiction of the English Courts.
11.6 If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful, void or unenforceable, such provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect the validity or enforcement of the remainder of this Agreement.
11.7 The Licensor shall be under no liability to You in respect of anything, which notwithstanding this provision, may constitute a breach of this Agreement, arising by reason of force majeure, which includes severe weather, third party telecommunications failures, war, military or other unrest, natural disaster, acts of government and acts of God.
11.8 This Agreement together with any document or information referred to within its provisions set forth the entire understanding and agreement between You and the Licensor and supersede all prior arrangements and understandings whether written or oral, appertaining to the subject matter of this Agreement and may not be varied except by an instrument in writing signed by both parties. If applicable, Your standard terms and conditions of business are expressly excluded.