TERMS AND CONDITIONS OF USE OF OUR WEBSITE
These are our terms and conditions. They apply each time you visit our site and we will assume that you’ve read them before you use the Site. They do change from time to time so please re-read them each time you visit the Site.
These Terms and Conditions comprise the following sections:
which together form the basis of the relationship between us and both you and we agree to be bound by what each section says.
If you choose to take any of the services we offer, no binding agreement will exist between you and us until we have confirmed, by email to you, that we have accepted you as a Member. Any payment you make to us will be refunded to you in full if we do not accept you as a Member.
The following words have the following meanings in these Terms and Conditions:
1.1 We are FPV UK Limited, Company Number 10257855, Registered Office Flat 6, 53–54 Regency Square, Brighton, East Sussex BN1 2FF.
1.2 Site is www.fpvuk.org
1.3 You are a visitor to the Site.
1.4 Account means the account you create with us if you register with the Site.
1.5 Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.
1.6 User means any person, firm or company using the Site for any purpose.
You agree that:
2.1 You have the right to make this Agreement with us and that you are over the age of 18 years.
2.2 You will read the terms and conditions on any site we link you to.
2.3 You won’t use robots, spiders, scrapers or similar things on the Site.
2.4 You won’t try to get around any things we put on the Site to stop or limit access to parts of it.
2.5 You won’t do anything that might cause our systems to crash.
2.6 You won’t steal the Site or any part of it for use in any other site or application.
2.7 You won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with the Site or the services it offers.
2.8 You won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own.
Either us or our business partners and affiliates own all of the information and intellectual property on the Site and you have no right to copy or use any of that information or intellectual property other than to use the Site unless we give that right to you.
We both agree that our Privacy and Cookie Policies form part of these Terms and Conditions.
We can’t promise that the Site will meet your needs, that it will work properly, that it will be fit for a particular purpose or that it will not infringe the rights of others.
We can’t promise that the Site will work with all systems, that it will be secure and that all information provided will be accurate.
We don’t give advice on the Site, just general opinions, and so don’t rely on what we say when you make any decisions.
We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using material derived from the Site.
If you link to any other site using the Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.
We never guarantee that the Site will be available all the time and if it’s not available for any reason you can’t hold us responsible for anything you lose as a result.
We have the right to change the Site and the services it offers, suspend it or stop it at any time.
As far as we are allowed by law we deny liability for any losses of all kinds which you incur from visiting and/or using the Site. You use the Site at your own risk.
However, nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and we disclaim liability for any losses which come out of you using them.
Just because we link to a site does not mean that we endorse or recommend that site.
We can never guarantee that a link will work.
You agree to re-read these Terms and Conditions each time you visit the Site so as to understand any changes we’ve made to them.
If we change the Site these Terms and Conditions will apply to any changes we make.
10.1 These Terms and Conditions are made under the laws of England and Wales and that is the only jurisdiction which can govern them.
10.2 We and you agree that these Terms and Conditions do not form the basis of any partnership or co-venture.
10.3 These Terms and Conditions supersede any previous terms and conditions we have published and represent the entire understanding between you and us.
10.4 Time will not be of the essence in any part of any agreement between you and us.
10.5 All parties acknowledge and agree that they have not entered into any agreement between them in reliance on anything said or promised by the other which is not in these Terms and Conditions.
10.6 If a Court or other body says that any part of these Terms and Conditions is unenforceable, the rest of them will stand.
10.7 If either you or we need to give formal notice to the other, it must be done by email to the address each of us gives to the other from time to time.
10.8 These Terms and Conditions contain the entire understanding between you and us.
MEMBER TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS APPLY WHEN YOU SUBSCRIBE TO THE SERVICES WE OFFER. THEY ARE INTENDED TO BE LEGALLY BINDING AND WE SUGGEST THAT YOU READ THEM FULLY BEFORE YOU ACCEPT THEM.
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|We, Us, Our||means FPV UK Limited;|
|You, Your||means the party purchasing the Services from us;|
|Agreement||means the agreement which comes into effect when you accept these Terms and Conditions;|
|Accept||means when you “accept” these Terms and Conditions using the Site;|
|CAA||means the Civil Aviation Authority;|
|Certificate||means any Certificate of Competence provided to you by us;|
|Confidential Information||means, in relation either to you or us, information which is disclosed by one of us to the other in connection with the Agreement (in any medium, and whether or not it is expressly stated to be confidential);|
|Fees||means any and all sums due under the Agreement from you to us, as specified on the Site;|
|FPV UK Handbook||means the handbook available at this address: https://www.fpvuk.org/files/FPV-UK-Handbook-2021-v1.2.pdf or any revision, update or amendment thereto which we publish from time to time;|
|Insurance||means any policy of insurance under which we offer cover to you through the Site;|
|Member||means an individual buying our Services;|
|Services||means the services we are to provide to you and which you have subscribed for through the Site;|
|Start Date||means the date on which you accept these Terms and Conditions;|
|Term||means the period of 12 months from the Start Date; and|
|Terms and Conditions||means these terms and conditions.|
2.1 We will provide the Services to you with effect from the Start Date.
2.2 We will provide the Services with reasonable skill and care.
2.3 We will act using the information with which you have provided us, as long as it complies with the standards we set on the Site.
2.4 We will be responsible for ensuring that we comply with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services.
2.5 If the Services include the provision of assistance in relation to the CAA:
2.5.1 you undertake to review and confirm any advice or calculations we offer; that part of the Services which is specific to you and the advice we offer is general in nature;
2.5.2 you acknowledge that the assistance we give is our interpretation of the rules of the CAA and all written documentation we provide may not relate to you and you agree that unless you verify the assistance we have provided, you proceed at your own risk;
2.5.3 any calculations that we provide may be based upon averages or information which do not apply to you and may not be complete; and
2.5.4 you accept and acknowledge that we have no liability if you fail to obtain CAA registration for any reason.
3.1 You will make sure that all information you give us is accurate and complete.
3.2 If we need more information from you and send a request for that information, you will supply it to us without delay.
3.3 You will obtain all and any consents, licences or other permissions that are needed from any third parties.
3.4 Any delay in the provision of the Services resulting from your failure or delay in providing us with information will not be our responsibility or fault.
3.5 All illustrations, documents, estimates and other matters that we may produce for you from time to time, and all intellectual property rights therein are, where it is legally possible to do so, and will remain our property and you have a licence to use such matter only in connection with the use that you have agreed with us and not for any other use. Further, such licence applies only to such use and does not permit the use of any such matter in relation to any other projects or work you may undertake. You may not use the matter we produce for any purpose other than the use we have agreed with you.
3.6 You agree, at all times during your membership, to follow the guidance in the FPV UK Handbook, which we publish from time to time, in all respects.
3.7 When flying under the terms of the FPV UK Article 16 Operational Authorisation, you agree to comply with all of the stipulations contained within that document and to follow the guidance in the FPV UK Handbook.
4.1 You will pay the Fees to us in advance.
4.2 We will not produce any invoice for the Fees other than that supplied through the Site.
4.3 If you don’t pay any Fee when it becomes due, we will stop providing the Services until you do pay us.
4.4 Without prejudice to sub-Clause 10.2.1 of these Member Terms and Conditions, if you do owe us any monies under the terms of the Agreement and they remain unpaid for more than seven days we may charge you interest on a daily basis at 6% above the base rate of Barclays Bank PLC from time to time until you pay us all sums due in full.
4.5 If you don’t use the Services we provide you will not be entitled to any refund of the Fee or any part of it.
4.6 When you create an Account you promise that:
4.6.1 You are an individual person, over the age of 18, or the parent of an individual;
4.6.2 You will only have one Account with us;
4.6.3 All information you submit is accurate and truthful;
4.6.4 You will keep this information accurate and up-to-date;
4.6.5 You will not share your Account with anyone else;
4.6.6 You will keep your Account details confidential;
4.6.7 You will not give your username or password to anyone else; and
4.6.8 You will logout when you exit the Site.
4.7 We may close your Account if you break these Terms and Conditions without refunding all or any part of the Fee.
4.8 If any payment we send to you is refused and you do not supply us with an alternative bank account within 28 days of us asking you, we may keep that payment to cover our costs and you will be entitled to nothing.
4.9 If you have not verified your current email address with us and/or if it cannot accept service emails from us and/or you mark our emails as spam, abusive or junk then, and in any such event, we can terminate your Account.
4.10 If we earn any commission or interest on the money deposited in your Account we may keep that commission and/or interest.
4.11 You can cancel your Account with us at any time – all you need to do is to log into your Account and press the “cancel” button on your membership subscription, at which point, we will cease to provide all of our Services.
5.1 As we operate a policy of continual improvement, we have the right to update and change the systems we apply in providing the Services and information or data we use on the Site.
5.2 Any time estimates we may suggest for response to any enquiry you may make are estimates only and we cannot guarantee any specific response time and time is not of the essence in this respect.
5.3 You warrant that all information you supply to us is accurate, complete and truthful and understand that any failure to provide information with those qualities could invalidate any Certificate of Insurance with which we provide you.
5.4 You understand that if any information which you have provided to us, in relation to any Certificate of Insurance, becomes untrue or inaccurate, we may cancel any such Certificate and any such Insurance may become invalid.
5.5 Any Certificate which you wish to obtain from us is subject to:
5.5.1 all terms and conditions which relate to the Certificate, which we publish from time to time;
5.5.2 any future amendments or revisions thereto which we may make; and
5.5.3 the payment of any renewal or other Fee in connection therewith.
5.6 If you choose to use the services or any other Member or any other service not operated by us, advertised on the Site or suggested by us:
5.6.1 you accept and agree that we have no liability for the correct provision of such services, nor for any failure by the entity offering them and you will hold us harmless and free from all liability in respect of your use of them;
5.6.2 you will undertake your own due diligence upon the competence of the provider of any such service; and
5.6.3 you will comply with all terms and conditions imposed by such service provider.
5.7 If you arrange or participate in any drone flying event, you will at all times comply with:
5.7.1 all rules and regulations we have prescribed and which are available on the Site;
5.7.2 all laws, regulations, rules, proper norms and standards which apply to such event either by law or otherwise;
5.7.3 you will at all times conduct yourself in a responsible manner, having respect for the safety of people and property, who or which may be affected by your actions.
6.1 We will retain details of all matters you have asked to assist with where that assistance results in the provision of an estimate of any sort subject to the provisions of this Clause 6.
6.2 If you cease to subscribe to the Services we offer or fail to pay the Fees or close your Account, we have the right to remove all information and data we are keeping on your behalf and to destroy it.
7.1 You understand and agree that we will have no liability to you if you provide us with information which is inaccurate or incomplete.
7.2 We will have in place at all times suitable and valid professional indemnity and public liability insurance.
7.3 Our total liability for any loss or damage caused as a result of our negligence or breach of the Agreement shall be limited to the cover provided by our professional indemnity policy.
7.4 We will not be liable for any loss or damage you suffer that results from your failure to follow any instructions we give you and we will not be liable to compensate you for special damages, loss of profit or opportunity, indirect or consequential loss.
7.5 Nothing in these Terms and Conditions or in the Agreement shall limit or exclude our liability for death, personal injury or fraud.
7.6 Neither Party shall be liable to the other or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of that Party’s obligations if the delay or failure is due to any cause beyond that Party’s reasonable control.
7.7 All our full Members are entitled to benefit from the insurance cover we publish on the Site. The policy providing such cover is renewed annually and, in the remote event that we are unable to renew such policy, we will refund to you that element of your subscription which represents the proportion we take for the premium for such policy, if we are unable to purchase a suitable replacement policy within 90 days of the expiry/termination of the previous policy.
7.8 Should we be unable to renew the policy of insurance mentioned in Clause 7.7, or it is cancelled for any reason, we will have the obligation imposed in Clause 7.7 but no further or other liability of any nature.
8.1 We undertake that, except as provided by Clause 8.2 or when you authorise us in writing, we shall, at all times during the continuance of the Agreement and after its termination:
8.1.1 keep confidential all Confidential Information;
8.1.2 not disclose any Confidential Information to any other party;
8.1.3 not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of the Agreement;
8.1.4 not make any copies of, record in any way or part with possession of any Confidential Information; and
8.1.5 ensure that none of our directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by us, would be a breach of the provisions of sub-Clauses 8.1.1 to 8.1.4 of these Member Terms and Conditions.
8.2 We may:
8.2.1 disclose any Confidential Information to:
188.8.131.52 any sub-contractor we use to supply the Services;
184.108.40.206 any governmental or other authority or regulatory body; or
220.127.116.11 any of our employees or officers,
to such extent only as is necessary for the purposes contemplated by the Agreement (including, but not limited to, the provision of the Services), or as required by law.
If we need to disclose Confidential Information under the terms of this Clause we will first inform the person, party or body in question that the Confidential Information is confidential and (unless the disclosure is to any such body under sub-Clause 18.104.22.168) obtain from them a written confidentiality undertaking (in similar terms to this clause); and
8.2.2 use any Confidential Information for any purpose, or disclose it to any other person, if, after the date of the Agreement, it becomes public knowledge through no fault of ours.
8.3 The provisions of this Clause shall continue in force even after the Agreement has ended.
Neither you nor we shall be liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of the Party in default. Such causes might include, but are not limited to: power failure, internet contractor failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond our or your control.
10.1 The Agreement will start on the Start Date and shall continue for the Term, subject to the following provisions.
10.2 We may immediately terminate the Agreement by giving written notice to you if:
10.2.1 you break any of these Terms and Conditions and, if the breach is capable of remedy, fail to remedy it (in all respects) within 28 days after we give you written notice asking for the breach to be remedied;
10.2.2 you make any voluntary arrangement with your creditors or, being a company, become subject to an administration order (within the meaning of the Insolvency Act 1986);
10.2.3 you have a bankruptcy order made against you or, if you are a company, go into liquidation; or
10.2.4 anything similar to any of the above under the law of any jurisdiction occurs in relation to you.
10.3 The right to terminate the Agreement shall not prejudice any other right or remedy we may have in respect of the breach concerned (if any) or any other breach.
Upon the termination of the Agreement for any reason:
11.1 all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;
11.2 termination shall not affect or prejudice any right to damages or other remedy which the Party terminating the Agreement may have in respect of the event giving rise to the termination or any other right to damages or other remedy which a Party may have in respect of any breach of the Agreement which existed at or before the date of termination; and
11.3 subject as provided above and except in respect of any accrued rights, neither you nor we shall be under any further obligation to the other.
If you or we fail or delay in exercising any of your/our rights under the Agreement that failure or delay will not be a waiver of that right, and no waiver shall be deemed to be a waiver of any further breach of the same or any other provision.
13.1 Subject to Clause 13.2, the Agreement is personal to you and you may not assign, mortgage, charge or sub-license or otherwise delegate any of your rights thereunder, or sub-contract or otherwise delegate any of your obligations thereunder without our written consent.
13.2 We may use suitably qualified and skilled sub-contractors to help us perform the Services.
Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between you and us other than the contractual relationship expressly provided for in the Agreement.
No part of the Agreement shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
16.1 All notices under the Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
16.2 Notices shall be deemed to have been duly given when sent by email to the last known email address of the Party in question.
17.2 Each of you and us acknowledges that, in entering into the Agreement, we do not rely on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
If one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
The laws of England and Wales will apply to the Agreement and any dispute between you and us will fall within the jurisdiction of the courts of England and Wales.
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