Terms and Conditions
Please read these Terms & Conditions (the “Agreement”) carefully as it governs your use of use before flight’s online services and limits Northcote Technology Ltd’s liability to you (trading as Use Before Flight, UBF). By clicking on the “submit” button which follows this agreement and/or accessing the flight training programme on the website at www.usebeforeflight.com
1. INTERPRETATION
The definitions and rules of interpretation in this clause apply in this Agreement.
“Content” means the material displayed on or accessible via the Service or Website.
“Content Standards” means the content standards set out in Clause 5.
"Customer Data" means all identifiable data inputted by you, for the purpose of using the Services.
"Effective Date" means the date that you clicked the “Submit” button and/or accessed the Service.
“Fees” means the subscription fee payable by you as set out in Clause 8.
“GDPR” means the Service, the Website and the content of the Website and the Service and all patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up goodwill and the right to sue for passing off rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
"Renewal Period" means the period of twelve (12) months commencing on 1 January in year.
“Service” means the Flight Training Programme.
"Virus" means any harmful code, device or other item that may enter any computer system and is not limited to the traditional interpretation of the word “virus”.
“UK Data Protection Legislation” all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
“Website” means UBF’s website at www.usebeforeflight.com
Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.
A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.
A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
2. SCOPE OF AGREEMENT
The terms and conditions in this Agreement apply to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
This Agreement governs the overall relationship of UBF and you in relation to the Service and the use of the Website.
You acknowledge that you are entering into this Agreement for the purpose of receiving the Service to further your profession as a pilot and not as a consumer for private purpose.
UBF may need to change the terms of this Agreement to reflect changes in law or best practice or to deal with additional features which UBF introduce.
UBF will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next log in to the Website.
If you do not accept the notified changes you will not be permitted to continue to use the Website and the Service and the Fee will be refunded pro rata to reflect the period the Service had been available to you prior to cancellation.
3. PROVISION OF SERVICE
The Service and Website are provided by Northcote Technology Ltd (company number 05497650) whose registered office is at The Beehive, City Place, Gatwick Airport, West Sussex, RH6 0PA, trading as Use Before Flight (“UBF”). If you (the user of the Service and/or Website) have any questions about this Agreement , the Website or the Service then please contact UBF at the address provided here or at the email address provided under clause 3.4 below.
Subject to you paying the Fee due in respect of the Service in accordance with Clause 8, and complying with the terms of this Agreement, UBF agrees to provide the Service, and grants to you a non-exclusive, non-transferable licence to use the Service solely for training purposes during the Term as defined in Clause 14.
UBF will provide you with or allow you to submit a username and password and/or other log-in details (“your ID”). You must keep your ID safe and secure and not make it available to a third party, and you are responsible for all use of the Website and Services from your ID.
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 UBF immediately by e-mailing [email protected]
If UBF reasonably believes that your ID is being used in any way which is not permitted by this Agreement, UBF 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.
UBF is continually seeking to improve the Service. UBF reserves the right (at its sole discretion) to make changes to any part of the Service, provided that it does not materially reduce the Content or the functionality of the Service.
Each licence to use the Service is limited to use on 1 mobile device (i.e. an iPad or Android tablet, the “Permitted Mobile Device”) and such non-mobile devices (PCs, Macs) as are reasonably necessary to support your use on the Permitted Mobile Device. UBF reserves the right to suspend or terminate your use of the System (including by technical means) if you exceed the Permitted Mobile Device usage allowance without UBF’s prior written approval.
UBF does not guarantee or warrant that you will be able to access the Website and the Service if the device you are using to access the Website and the Service is not up to date.
UBF will carry out maintenance of the Website and Service including emergency maintenance that may require interruption of the Service. UBF shall use its reasonable endeavours to minimise any downtime of the Website and any disruption to the Service whenever possible.
4. LIMITED RIGHTS TO USE CONTENT
You acknowledge and agree that UBF and/or its licensors own all the Intellectual Property anywhere in the world. This Agreement does not grant you any licence or rights to, or, in respect of the Intellectual Property
You acknowledge that UBF shall own all statistical and other general and depersonalised data arising from your use of the Website and the Service.
You must not use the Website or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the terms of this Agreement.
You may not without the prior written consent of UBF:-
- redistribute any of the Content or any of the other Intellectual Property belonging to UBF or its licensors (including by using it as part of any library, archive or similar service);
- remove the copyright or trade mark notice from any copies of the Content, the Website or the Service;
- use the Service on behalf of any other person or allow access to the Service to any other person using your ID;
- bookmark or link to any part of the Service;
- create a database in electronic or structured manual form by downloading and storing or linking to all or any of the Content, the Website, the Service or other Intellectual Property;
- modify, edit, alter, duplicate, create derivative works from, mirror, transmit, distribute, reproduce or in any way whatsoever commercially exploit any of the Content, the Website or the Service or other Intellectual Property;
- attempt to download any part of the Content, Website or Service, including any underlying software which you are not expressly entitled to access under this Agreement, nor attempt to store, reverse engineer, disassemble, reverse compile, or otherwise reduce to human perceivable form , all or any part of the Service or the Website in any form or media; or
- use the Content, the Website, the Service and/or any of the Intellectual Property for any purpose not expressly permitted by this Agreement.
5. UPLOADING MATERIAL TO UBF’s WEBSITE
Whenever you make use of a feature that allows you to upload material to Website, or to make contact with other users of the Website, you must comply with the Content Standards. You warrant that any such contribution complies with those standards, and you will indemnify UBF against any loss, damage, liability, cost or expense arising from any breach of that warranty.
Any material you upload to the Website will be considered non-confidential and non-proprietary, and UBF will have the right to use, copy, distribute and disclose to third parties any such material for any purpose..
UBF will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
UBF has the right to remove any material or posting you make on the Website if, in its opinion, such material does not comply with the Content Standards.
6. CONTENT STANDARDS
These “Content Standards” apply to any and all material which you contribute to the Website (“Contributions”), and to any communications which you transmit via any service that UBF provides (whether interactive or not) (“Communications”).
You must comply with fully with the following standards. which apply to each part of any Contribution or Communication as well as to its whole:
- be accurate (where they state facts);
- be genuinely held (where they state opinions);
- You must comply with applicable law in the UK and in any country from which they are posted; Contributions and Communications must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- contain or promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or contain any material which is discriminatory in any such way;
- infringe the Intellectual Property or the intellectual property rights or other right of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote or be used for any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from UBF, if this is not the case;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
- shall not access, store, distribute or transmit any Viruses.
If you are in breach of any of the provisions of this Clause 6 UBF may immediately suspend your access to the Website and the Service.
7. MONITORING
UBF 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
UBF is under no obligation to oversee, monitor or moderate any interactive service provided on the Website, and expressly excludes its liability for any loss or damage arising from the use of any interactive service by a user in contravention of the Content Standards, whether the Service is moderated or not.
8. FEES
The Fee payable to UBF is set out in Schedule 1.
The Fee in respect of the first twelve (12) months is payable prior to issue of your ID in accordance with Clause 3 and thereafter on each anniversary of the first payment.
If UBF has not received payment by the due date, and without prejudice to any other rights and remedies of UBF:
UBF may without liability to you, disable your ID and access to all or part of the Services and UBF shall be under no obligation to provide any or all of the Services while the Fees remains unpaid; and
interest shall accrue on a daily basis on such due amounts at an annual rate equal to 4% over the then current base rate of the Bank of England from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
All amounts and fees stated or referred to in this Agreement:
- shall be payable in pounds sterling;
- are non-cancellable and non-refundable;
All sums payable to UBF under this Agreement:
- are exclusive of VAT, and you shall in addition pay an amount equal to any VAT chargeable on those sums on delivery of a VAT invoice; and
- shall be paid in full without any set-off, counterclaim or deduction.
If payment has not been received by UBF within [30] days of the due date UBF will terminate this Agreement with immediate effect.
On each anniversary UBF 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 UBF with no less than 10 days written notice.
UBF shall accept payment of the Fee by way of Sage Pay on the Website or in such other way as it may determine from time to time.
Once payment of the Fee has been received, UBF shall use reasonable endeavours to ensure that access to the Service by you through the provision of a user name and password is completed within 30 minutes.
9. WARRANTIES
UBF warrants that:-
it will use reasonable skill and care in making the Service available to you and in ensuring its availability during the Term
it has the right to provide the Service under this Agreement.
All other express or implied warranties and representations are excluded from this Agreement to the maximum extent that they may be fully excluded as a matter of applicable law.
10. DISCLAIMER
Notwithstanding clause 9 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.
Due to the number of sources from which UBF obtains the Content and because of the nature of the internet and archived information, errors and omissions may occur and UBF does not give any warranties in respect of the Service. While UBF uses reasonable skill and care in incorporating Third Party Content into the Service, UBF excludes all liability for the accuracy, completeness or correctness of any such Content.
UBF 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.
UBF makes no 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.
UBF does not guarantee that any person receiving the Service will achieve the necessary proficiency to qualify for any licence, certificate or rating.
UBF will not be responsible for your ongoing competency after receipt of the Service or for the operation of any aircraft by you.
11. LIMITATION OF LIABILITY
Nothing in this Agreement shall limit or exclude the Licensor’s liability for:
death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
fraud or fraudulent misrepresentation.
Subject to Clause 11.1 ,UBF’s total liability to you shall not exceed the total Fee paid by you for the Service. UBF’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement.
This Clause 11 sets out specific heads of excluded loss
Subject to Clause 11.1 ,the types of loss listed in Clause 11.5 are wholly excluded by the parties.
The following types of loss are wholly excluded:
- Loss of profits
- Loss of sales or business.
- Loss of agreements or contracts.
- Loss of anticipated savings.
- Loss of or damage to goodwill.
- Indirect or consequential loss.
12. DATA PROTECTION
UBF shall duly observe all its obligations as a Controller under the Data Protection Legislation which arise in connection with processing of information and data received from you.
UBF shall comply with the seven principles relating to processing of personal data set out in Article 5(1) of the GDPR, and in particular shall process your data in accordance with the 'lawfulness, fairness and transparency' principle, for the purpose of the provision of the Service to you in accordance with the terms and conditions set out in this Agreement;
UBF’s privacy policy is set out in Schedule 2.
You consent to the processing of your data in connection with the provision of the Services and in accordance with the terms and conditions of this Agreement.
13. LINKS
The Website and Service may contain links to other websites and resources, either directly or through frames and, where possible, UBF will make clear where such links are being made. Independent third parties provide these sites and UBF is not responsible and shall not be liable for the availability or content of these resources.
14. TERM AND TERMINATION
This Agreement shall commence on the Effective Date and shall continue for the period of twelve (12) months and shall automatically renew for yearly periods, unless otherwise terminated as provided in this Clause 14 or either party notifies the other, in writing, at least 30 days before the end of the then current term.
UBF may terminate this Agreement with immediate effect by giving notice to you:
- If you have failed to pay the Fee in accordance with the terms of this Agreement;
- If you are in material or persistent breach of any term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so; or
You may terminate this Agreement with immediate effect by giving written notice to UBF:
- if the Service is permanently discontinued; or
- if UBF is in material or persistent breach of any term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within the period of 14 days after being notified in writing to do so
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.
On termination of this Agreement for any reason:
- the licence granted under this Agreement shall immediately terminate;
- you will immediate cease to use the Website and the Service;
- no refund of the Fee will be made;
any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
15. EVENTS OUTSIDE UBF’s CONTROL
UBF will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by an Event Outside UBF’s Control. An Event Outside UBF’s Control is defined below in Clause 15.2.
An Event Outside UBF’s Control means any act or event beyond UBF’s reasonable control, including without limitation failure of public or private telecommunications networks.
If an Event Outside UBF’s Control takes place that affects the performance of UBF’s obligations under this Agreement:
UBF’s obligations under this Agreement will be suspended for the duration of the Event Outside UBF’s Control; and
UBF will use its reasonable endeavours to find a solution by which UBF’s obligations under this Agreement may be performed despite the Event Outside UBF’s Control.
16. TRANSFER OF RIGHTS
UBF may transfer its rights and obligations under this Agreement to another organisation, but this will not affect your rights.
You may only transfer your rights or your obligations under this Agreement to another person if UBF agrees in writing.
17. THIRD PARTY RIGHTS
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.
18. WAIVER
If UBF fail to insist that you perform any of your obligations under this Agreement, or if UBF does not enforce its rights against you, or if UBF delay in doing so, that will not mean that UBF has waived its rights against you and will not mean that you do not have to comply with those obligations. If UBF do waive a default by you, UBF will only do so in writing, and that will not mean that UBF will automatically waive any later default by you.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and UBF and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and UBF, whether written or oral, relating to its subject matter.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
20. NOTICES
If you wish to contact UBF in writing, or if any condition in this Agreement requires you to give UBF notice in writing, you can send this to UBF by e-mail to [email protected] or
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order for the Software.
21. GOVERNING LAW
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales
You and UBF both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.