1 – These terms and what they cover
1.2 – By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website and close any Account you have registered with us.
1.3 – We recommend that you print a copy of these Terms for future reference.
2 – Who we are and how to contact us
2.1 Our Website is operated by Fit2Fly Test Ltd (We, us, our or Fit2Fly). We are a private limited company registered in England and Wales under company number 13050373 and have our registered office at 23g Alderley Park, Macclesfield, Cheshire, United Kingdom, SK10 4TG.
2.2 – To contact us, please do so in writing:
2.2.1 – by e-mail to: firstname.lastname@example.org;
2.2.2 – by post to: 23g Alderley Park, Macclesfield, Cheshire, United Kingdom, SK10 4TG.
3 – Other terms that may apply to you
3.1 – These Terms refer to the following additional terms, which will also apply to your use of our Website:
3.1.1 – our Privacy Notice which sets out details of how we collect, use and look after your personal data when you visit our Website;
3.1.2 – our Cookies Policy, which sets out information about the cookies on our Website; and
3.1.3 – Fit2Fly Test Ltd Terms and Conditions, which sets out the terms upon which we supply the products and services listed on our Website (our Product and Services).
3.2 – These additional terms can be found on our Website.
4 – We may make changes to these Terms and our Website
4.1 – We may amend these Terms from time to time. Every time you wish to use our Website, including to order Product and Services please check these Terms and our Fit2Fly Test Ltd Terms and Conditions to ensure you understand the terms that apply at that time.
4.2 – We may also update and change our Website from time to time to reflect changes to our Products and Services, the needs of our customers and our Website users’ and to our business priorities.
5 – Setting up an Account
5.1 – You will be asked to set up an Account in order to purchase Product and Services from our Website. Please complete all required fields and ensure that all information is correct.
5.2 – By registering for an Account you are warranting that you are:
5.2.1 -legally capable of entering in to contracts with us; and
5.2.2 – are at least 18 years old.
5.3 – You must keep your login details and password secure and confidential, do not share it with others. You are responsible for all use made of your Account.
6 – Use of our Website
6.1 – We do not guarantee that our Website (or any content on it, including Accounts), will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website (including Accounts) for business and operational reasons. We will try to give you reasonable notice of any suspension, withdrawal or restriction.
6.2 – You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
6.3 – Our Website and our Product and Services are directed to people residing in the United Kingdom. The content and Products and Services available on or through our Website may not be appropriate for use or available in other locations.
7 – How you may use material on our Website
7.1 – We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 – You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
7.3 – You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4 – Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
7.5 – You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
7.6 – If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8 – Do not rely on information on our Website
8.1 – The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. The content on our Website is not intended to provide medical advice. You must obtain professional or medical advice before taking, or refraining from, any action on the basis of the content on our Website.
8.2 – The COVID-19 pandemic is a rapidly changing situation and national and international governmental response is quickly evolving and subject to frequent change including changes to Government guidance and requirements, therefore:
8.2.1 – you remain responsible at all times for complying with all government and public health advice and guidance in force from time to time and ensuring that any use by you of a Fit2Fly COVID Home Kit is in accordance with any governmental and regulatory guidance/laws in force from time to time; and
8.2.2 – although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
9 – We are not responsible for websites we link to
9.1- Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
9.2 – We have no control over the content of sites or resources provided by third parties.
10 – Our responsibility for loss or damage suffered by you
10.1 – Whether you are a consumer or a business user:
10.1.1 – we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
10.1.2 – different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which are set out in our Fit2Fly Test Ltd Terms and Conditions.
10.2 – If you are a business user:
10.2.1 – We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it to the extent permitted by law.
10.2.2 – We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our Website; or
(b) use of or reliance on any content displayed on our Website.
10.2.3 – In particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
10.3 – Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11 – Acceptable Use
11.1 – You may use our Website only for lawful purposes. You may not use our Website:
11.1.1 – in any way that breaches any applicable local, national or international law or regulation;
11.1.2 – in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
11.1.3 – for the purpose of harming or attempting to harm any person in any way;
11.1.4 – to send, knowingly receive, upload, download, use or re-use any material which is defamatory, obscene, offensive, hateful, inflammatory, promotes violence of discrimination on any grounds, infringes any intellectual property rights, promotes illegal activity or is likely to harass, upset, embarrass, alarm or annoy any other person or is otherwise illegal;
11.1.5 – to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
11.1.6 – to knowingly transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
11.2 – You also agree not to access without authority, interfere with, damage or disrupt any part of our Website, any equipment or network on which our Website is stored, any software used in the provision of our Website and/or any equipment or network or software owned or used by any third party.
11.3 – You warrant and represent to us that all information or personal data you provide (on the behalf of yourself or a third party) is true, accurate and complete and that you have all necessary consents, licences and approvals to provide such information to us when purchasing Products and Services from our Website.
12 – Viruses
12.1 – We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
12.2 – You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
13 – Rules about linking to our Website
13.1 – You may link to the home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.2 – You must not establish a link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.3 – You must not establish a link to our Website in any website that is not owned by you.
13.4 – Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
13.5 – We reserve the right to withdraw linking permission without notice.
13.6 – The website in which you are linking must comply in all respects with the Acceptable Use standards set out above.
13.7 – If you wish to link to or make any use of content on our Website other than that set out above, please contact us.
14 – Which country’s laws apply to any disputes?
14.1 – If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that 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.
14.2 – If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
These Terms were created in January 2021.