Legal Terms & Conditions

1. INTRODUCTION

Welcome to Affinity-Aviation.com (the “Website”). The Website is operated by Affinity Aviation Group Ltd company number 09300323 registered in England and Wales and whose registered office is at 2nd Floor, Berkeley Square House, Berkeley Square, London, W1J 6BD and Fly Affinity Ltd a company registered in England and Wales, registered number 13874011 and whose registered office is at 85 Great Portland Street, London, W1W 7LT (“Company”,”We”,”Us” or “Ours”) in this document our any person using the Website, whether browsing, or as a  Membership Service User shall be described as (“You”, “Your” or “User”)

1.1 Detailed below are the Website Terms of Use which apply to your interactions with Us, through and on our Website.

1.2 By using the Website, using the materials contained within the Website or otherwise made available in connection with the Website, placing an order for Membership Services on the Website, you are agreeing to be bound by these Website Terms of Use, Privacy and Cookie Policy and our Terms and Conditions of Membership Service as available on Our Website.

1.3 When We use the term, ‘Website Terms of Use’ that includes all documents referred to on this page and any other policies or terms referred herein or therein and any updates, amendments or revisions thereto.

1.4 These Website Terms of Use may be modified from time to time to reflect changes to our Membership Services or changes in the law but, should this happen, they will be posted on the Website or, if the changes are material, We will provide You with reasonable notice of such changes by email. There is a last review date at the bottom of this document.

1.5 Your continued use of the Website following the posting of the revised terms and  conditions means that you accept and agree to the changes.

1.6 If You do not wish to be bound by these Website Terms of Use then You are not authorised to use the Website, or to purchase or use the Membership Services from it, and must promptly leave the Website.

2. HOW WE WILL COMMUNICATE WITH YOU

2.1 Unless We inform You otherwise, all communication and notices You give to us must be sent to our email or by text, telephone or other electronic means.

2.2 We may give notice to You by posting it on the Website or at any address (email or postal) You provide to Us. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent to Your email address, or three days after the date of posting of any letter.

2.3 When using the Website, You accept that communication with Us will be mainly electronic. We will generally contact You by e-mail or provide You with information by posting notices on the Website. By using the Website, You agree to this means of communication and you acknowledge that all Contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory legal rights.

3. OUR LIABILITY TO YOU AND YOUR LIABILITY TO FLY AFFINITY LTD

3.1 This Section 3 explicitly sets forth Your liability to Us and Our’s to You with respect to the use of the Website, Membership Services provided via the Website or made available to You in connection with the Website (“Associated Services”), and any Products, supplied through the Website this includes any documents which contain other terms as referred to in these Website Terms of Use.

3.2 You expressly acknowledge and agree that to the extent permitted by law, Your use of our Website; Membership Services; Associated Services and Products is at your sole risk, and all Products and Membership Services are provided on an “as is” and “as available” basis, with all its faults.

3.3 Any content accessed through our Website or made available to You in connection with the Website is accessed at your own risk, and You shall be solely responsible for any damage to Your device, or any device You use to access Our website, or any other loss that results from accessing such content.

3.4 We expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, arising from Your use of the Website. You acknowledge and agree that the Company, its officers, employees, subcontractors or agents hold no liability got You, and You agree not to seek to hold any such persons liable, for the conduct of third parties on the Website, including any external sites, and that any and all risk of injury from such third parties rests entirely with You.

3.5 These Terms do not affect your statutory rights as a consumer and nothing in these Website Terms of Use limits or excludes our liability for: (a) death or personal injury caused by Our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that may not be excluded or limited under applicable law.

4. INDEMNITY

4.1 You agree to defend, indemnify and hold the Company and its, affiliates and business partners harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable legal’ fees, resulting from or arising out of (a) Your use of the Website, use of Membership Services; Associated Services; or (b) Your breach of these Website Terms of Use or any other policies that the Company may issue for the Website and its business from time to time.

4.2 If We fail to comply with these Website Terms of Use, We are only responsible for loss or damage You suffer that is reasonably foreseeable and a direct result of Our breaking these Website Terms of Use or Our failing to use reasonable care and skill. We will not be responsible for any losses You suffer as a result of Us breaching these Website Terms of Use that were not reasonably foreseeable to both You and Us when You commenced using the Website, using the Associated Services by Us or our suppliers to You was formed. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and You knew it might happen, for example, if You discussed it with Us during the registration process. The limit of Our liability is the sum paid by You for the membership Service (Limited to the fee’s payable to Us and not any other Third Party Services Supplied) to which the liability arises from.

4.3 To the fullest extent permissible by applicable laws, We are not responsible for indirect losses (including consequential damages) which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Website Terms of Use by Us that would entitle You to terminate the Contract between Us.

4.4 We only supply Services for individual and private use. If You use Our Services for any commercial, business or resale purpose We will have no liability to You for any loss of profit, loss of business, business interruption or loss of business opportunity.

5. OTHER TERMS

TRANSACTIONS CONCLUDED THROUGH THE WEBSITE

5.1 Contracts for the sale of Membership Services formed through the Website are governed by our Terms and Conditions (including our Terms of Membership Service) in use at the time the relevant contract is entered into.

5.2 All such contracts are binding on You and Us and on Our respective successors and assigns. We may transfer, assign, charge, sub-contract or otherwise dispose (“Transfer”) of any contract, or any of Our rights or obligations arising under it, at any time during the term of the contract.

6. ENTIRE AGREEMENT

6.1 These Website Terms of Use including the documents and all additions terms in the documents referred to herein (in each case, as amended from time to time) constitute the entire agreement between Us and You, and separately You, in relation to use of the Website, Associated Services to You and supersede all previous agreements in respect of the same.

7. WAIVER

7.1 If We fail, at any time during the term of any Contract between You and Us to insist upon strict performance of any of Your obligations under that Contract or any of these Terms and Conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract or these Website Terms of Use or any other contracts referred to, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with any such obligations.

7.2 No waiver by Us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing. A waiver by Us of any default shall not constitute a waiver of any other default.

8. WEBSITE CONTENT

8.1 Unless We state otherwise, all content published on the Website or made available to You in connection with the Website (including but not limited to all information; data; products; images, photographs, audio, video, artworks, graphics and materials; services; software and databases; tools; designs; text; text, video and audio chat conversations and exchanges; Contributions; and Copyright Material) is presented solely for Your private, personal use. While We do always try to ensure that the Website and information made available to You in connection with the Website is accurate and up to date, We make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete or up to date. We cannot accept any liability or responsibility for any loss which may arise from reliance on such content, whether it is Our material or material posted by a third party (e.g. reviews, testimonials and comments).
We have the right to change or take down the Website and anything on it without notice, and without liability to You or any third party. Continued use of the Website shall be deemed Your acceptance of such changes.
When using the Website on Your mobile, laptop or desktop device (“Device”), you acknowledge and agree that You are responsible for (i) maintaining continuous internet access for Your Device (ii) any internet connection and telecommunications fees and charges that You incur. The Company is not responsible for the operation of Your Device. You are responsible for ensuring the system functions of Your Device are in working order when accessing the Website, including, but not limited to screen display operation features of Your Device.

9. PERSONAL INFORMATION

9.1 We process information about You in accordance with our Privacy Policy. By using the Website, You understand that Your personal information will be processed as described in our Privacy Policy and warrant that all data provided by You is accurate.

10. CONTENT

10.1 All material which is contributed to the Website or its connected social media accounts, including reviews, feedback, stories, testimonials, Instagram posts (where You respond with the required hashtag), and images (“Contribution”), is subject to Our Acceptable Use Policy as part of these Website Terms of Use.

10.2 The Company does not verify or endorse and takes no responsibility for any contribution or any content or communications made available through the Website via any function which allows a User to publicly post or share content.

11. ACCESS TO THE WEBSITE

11.1 The Website is not directed toward persons under 18 years of age, and the Company does not knowingly collect information from persons under 18 or allow them to create an account or access account features. Any purchases made from outside the UK these terms apply, all and any liability shall be governed by these terms and the law and jurisdiction of England and Wales, exclusively.

11.2 If You are under 18, please do not submit any personal information about yourself to the Company.

11.3 None of the Services or content on the Website are offered to anyone in any country or jurisdiction where providing them may be prohibited by law. By using the Website, using our Services or purchasing our Products, You represent to Us that You are legally entitled to use the Website and its Products, Services, and content. We rely on this representation in order to provide You with access to, and use of, the Website and its content.

12. USING THE WEBSITE

12.1 The Website is provided on an ‘as is’ and ‘as available’ basis and may contain technical inaccuracies or typographical errors. We give no warranties, whether express or implied, in relation to the Website, any third party content accessed on or through the Website, any content made available to You in connection with the Website (including but not limited to via video, text or audio chat), or any transaction that may be conducted on or through the Website, including any warranties of: (a) non-infringement, security or accuracy; (b) that Your use of the Website will be uninterrupted, error or defect free; or (c) that the Website or the server that makes it available to You are free of viruses or bugs or that any defect or downtime will be fixed promptly or at all. Note that if the need arises, We may suspend access to the Website or close it, or any part of it, indefinitely and without further notice to You or any third party.

12.2 This Website and any content is provided for general information only. Commentary and other materials posted on the Website or made available to You in connection with the Website (including but not limited to via video, text or audio chat) are not intended to constitute advice upon which any reliance should be placed. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Website or content made available to you in connection with our Website.

12.3 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website.

12.4 Please be aware that We cannot and do not guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy Your particular requirements for

12.5 We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give You reasonable notice of any suspension or withdrawal.

13. INTELLECTUAL PROPERTY

13.1 We are the owner (or Licensee) of the Affinity Aviation Group Ltd brand name, logo, trade mark and get-up. Unless We expressly state otherwise, all intellectual property rights in the Website, including all copyrights, images, software, designs, text, sound, logos, artwork, look and feel of the Website, devices, branding, trademarks, product selection, articles, arrangement, product names, and other content included in or supplied as part of the Website and coordination of such content on the Website (together defined as “Copyright Material”), is owned  (or under License to Us) by Us and are protected by copyright laws and treaties around the world. All such rights are reserved by Us.

14. COPYRIGHT

14.1 You are permitted to access, store, print and use the Our Copyright Material on the Website for your own personal and non-commercial use and for interacting with us, and the supply of Our Membership Services to you. However, you may not modify, copy, reproduce, publish, manipulate, upload, distribute, transfer or sell, by any means, any material or information on or downloaded from the Website or Copyright Material without Our prior written permission.

14.2 Our status (and that of any identified contributors) as the authors of the Copyright Material must always be acknowledged.

14.3 For the avoidance of doubt, You must not use any part of the Copyright Materials for commercial purposes without obtaining a license to do so from Us or Our licensors.

14.4 You shall not modify, translate, reverse engineer, decompile, disassemble, or hack the Website or create derivative works based on any software or accompanying documentation supplied by the Company or its third-party licensors.  Affinity is a trademark belonging to Affinity Aviation Group Ltd or Our Licensors. No license or consent is granted to You to use this trademark in any way, and You agree not to use this trademark or any mark which are considerably similar without Our prior written permission.

14.5 You agree not to remove or destroy any copyright, trademark, service mark, or other proprietary rights notices or markings contained on or in the Website and You shall not use any metatags or other “>hidden text” incorporating Universal Mind Mappers marks.

14.6 Any unauthorised use of the Website is strictly prohibited and may constitute a breach of Our or Our licensors’ intellectual property rights. The Website may incorporate third party content and We may be unable to grant permission for You to use any such third-party content. Please contact the appropriate third party for permission to use their content.

15. ACCOUNT

15.1 If You open a Membership account with Us, You must ensure that the details You give Us are correct and complete. You are required to keep Your details up to date at all times.

15.2 If You are given a username, password and Login information as part of Our security procedures, You must treat such information as confidential and You must not disclose it to anyone else.

15.3 Accounts may not be shared. You accept responsibility for all activities that occur under Your account or password.

15.4 You should inform Us immediately if You believe that Your password has been compromised or there has been any other breach of security regarding the Website that comes to Your attention.

15.5 We have the right to suspend Your Membership account or to disable any username or password at any time if We believe You have failed to comply with these Website Terms of Use, or  any of Our other Terms and Conditions, for security and maintenance reasons.

16. THIRD PARTY LINKS

16.1 Where We provide links to other websites or resources, these links are provided for Your information only and You access them at Your sole discretion.

16.2 We do not recommend, endorse, or accept any responsibility for the content of external websites or resources which We may link to, or which may link to the Website. Remember, You are solely responsible for complying with the terms of any linked site, and You will be subject to their policies and practices (including data protection and privacy).

17. WEBSITE MISUSE

17.1 You must not attempt to interfere with the proper working of the Website or otherwise attempt to obstruct or interfere with any other person’s or entity’s use of the Website – for example, by attempting to circumvent security or tamper with or disrupt any computer or Internet device.

17.2 You agree that You will not use the Website for any other unlawful, prohibited, abnormal or unusual activity as determined by the Company in its sole discretion.

17.3 You agree that You will not (a) obtain or attempt to obtain any information from the Website including, without limitation, email addresses or mobile phone numbers of other account holders or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Website, whether through the use of a network analyser, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorised access to, or distort, delete, damage or disassemble, any aspect of the Website.

17.4 Anyone misusing the Website in this way may be committing a criminal offence and We reserve the right to report this to the relevant law enforcement authorities and to co-operate with those authorities by disclosing the relevant User’s identity to them. In addition, We reserve the right to seek damages and costs (including legal fees) from any such User to the fullest extent permitted by law.

18. TERMINATION

18.1 If We believe that a breach of this policy has occurred, We may, in our discretion, take any action We consider appropriate, including immediate temporary or permanent withdrawal of Your right to use the Website, suspension or cancellation of Your Membership account and immediate removal of any Contribution, and/or legal proceedings.

19. COMPLIANCE WITH LAW

19.1 Depending upon where You are located when using or visiting the Website, You are responsible for compliance with all applicable laws. If use of the Website, Products, Services, or content offered through the Website are contrary to any applicable law in Your jurisdiction, You are not authorised to view or use the Website and You must exit immediately.

20. ACCEPTABLE USE POLICY

20.1 PROHIBITED USES
You may only use the Website for lawful purposes.
You may not use the Website:

  1. In any way that breaches any law or regulation.
  2. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  3. For the purpose of harming or attempting to harm children or minors in any way.
  4. To send, upload, download, knowingly receive, or use any material which does not comply with Our content standards.
  5. To transmit, or procure the transmission of, any unsolicited or unauthorised advertising or promotional material or similar (e.g. spam).

Last Revised 14-02-2022