Terms & Conditions

Terms & Conditions

These Terms & Conditions ("Terms") together with our Privacy & Cookie Policy govern your access to and use of Flybery website (the "Service"), and any other linked pages or blogs, features, content (including any information, text, graphics, photos, lists of items complied by you, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Services), or applications offered from time to time by Flybery in connection therewith (collectively referred to as "Content"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

 

Basic Terms

You are solely responsible for your use of the Service, for any content you post to the Service, and for any consequences thereof. The Content you submit, post, or display on the Service (including product reviews, the items you select and comments you post) will be able to be viewed by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Service only if you are at least 13 years of age. We do not knowingly market or sell products for purchase by children. You may only buy items from Flybery if you are legally capable of forming a binding contract with Flybery (or if you are under 18 years old, but over 13 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms, and are not a person barred from receiving the Service under the laws of the United Kingdom or any other applicable jurisdiction. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

 

The Service that Flybery provides is always evolving and the form and nature of the Service may change from time to time without prior notice to you. In addition, Flybery may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. Flybery retains the right to create limits on use and storage at its sole discretion at any time without prior notice or any liability to you.

 

The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Flybery on the Service are subject to change. In consideration for Flybery granting you access to and use of the Service, you agree that Flybery and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.

 

 

Newsletter Registration

In order to register, you are required to provide your name, surname and email address.

 

All personal details disclosed by you on the Service will be collected and processed in accordance with our Privacy & Cookie Policy. You warrant that all the information you provide to us is accurate and complete.

 

You warrant that all newsletter information and personal details provided to Flybery is true and accurate.

 

Buying Products Through Flybery

Flybery is an online intermediary which partners with some of the best known sports brands and stores to give you a wide array of sports items to buy.

 

When you select a particular product that you wish to buy, you will be taken directly to the third party Flybery merchant (the "Flybery Partner") website and asked to provide further personal details, which are likely to include your billing and delivery address, and payment card details. The personal details you enter on these Flybery Partner websites will be collected, stored and processed in accordance with the terms and conditions and privacy policy of these websites. You must read and accept the terms and conditions and privacy and cookie policies of the Flybery Partner website before purchasing your items from them. Flybery is not responsible for the terms and conditions, privacy policies of and/or practices on other sites. The Flybery Partners are solely responsible for any and all issues related to products and services offered on their websites, including but not limited to issues arising from the processing of your transactions on the Flybery Partner websites. We are only responsible for personal information collected on the Service.

 

Please note that Flybery has no responsibility for the fulfilment or your order. You should contact the Flybery Partner from whom you have brought the item directly in respect of any queries you have on the delivery, refund, exchange or return of the items you purchase.

 

Payments

If you are making a payment on one of our Flybery Partner websites, payment can be made by any card accepted by the retailer that delivers the product. You will be asked to enter your shipping details, billing details and payment details in order to purchase the product from the Flybery Partner.

 

When you pay for an item on a Flybery Partner's website, you confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment, we will not be liable for any delay or non-delivery.

 

Furthermore, we are not liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering through the Service.

 

Accessing The Services

Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service without notice. We will not be liable if for any reason the Service is unavailable at any time or for any period. We reserve the right to modify, restrict access or terminate access to the Service at any time.

 

From time to time, we may restrict access to some or all parts of our Service.

 

You are responsible for making all arrangements necessary for you to have access to Service. You are also responsible for ensuring that all persons who access Service through your internet connection are aware of these Terms, and that they comply with them.

 

Content On The Services

All Content you post on the Services (such as product reviews or comments) is the sole responsibility of the person who originated such Content.

 

Although Flybery does not routinely screen or monitor content posted by users of the Service, Flybery reserves the right to do so and to remove content which violates these Terms (or applicable law) of which Flybery becomes aware, but Flybery is under no obligation to do so. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. If we are notified by a third party that the Content you submit or post is in violation of these Terms or any applicable law, either in letter or in spirit of these Terms, we reserve the right to remove such Content from the Service without notice to you.

 

Flybery does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed by users of the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will Flybery be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.

 

Your Rights

You retain your rights, including copyright and other intellectual property rights, to any Content you submit, post or display on or through the Service. By submitting, posting or displaying Content on or through the Service from time to time, you grant Flybery a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works from, and distribute such Content in any and all media or distribution methods (whether now known or later developed).

 

You agree that this licence includes the right for Flybery to make such Content available to other companies, organisations or individuals who partner with Flybery for the syndication, broadcast, distribution or publication of such Content on other media and services.

 

You agree that no compensation will be payable to you in respect of any of the foregoing uses by Flybery, or other companies, organisations or individuals who partner with Flybery with respect to the Content that you submit, post, transmit or otherwise make available through the Service. You waive all moral rights (or similar or equivalent rights in other jurisdictions) you have in such Content to the fullest extent permitted by law.

 

Flybery may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

 

You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and Flybery's third party partners. You understand that your Content may be used, reproduced or displayed by Flybery's partners and if you do not have the right to submit Content for such use, it may subject you to liability. Flybery will not be responsible or liable for any use of your Content by Flybery in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

 

Flybrye gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the Service (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Flybery, in the manner permitted by these Terms.

The rights in the Service are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software in the Services.

 

Flybery Rights

All right (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Service and the Content (excluding Content provided by users of the Service) including but not limited to all information, data, text, maps, graphics, logos, icons, trademarks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Service, and the underlying code and software in the Services are and will remain the exclusive property of Flybery and its licensors. The Service is protected by copyright, and other laws and treaties around the world. All such rights in the Service, Content (excluding Content provided by users of the Services) and related material are reserved.

 

You must not copy any part of the Content, with a view to creating or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so.

 

If you copy or download any part of the Service or Content in breach of these Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Restrictions On Content And Use Of The Services

You shall not use the Service:

·        in any way that violates any local, national or other laws or regulations or any order of a court in any relevant jurisdiction;

·        for any purpose that is not permitted by these Terms;

·        in any way that infringes the rights of any person or entity, including their copyright, trade mark or other intellectual property rights, or other privacy or contractual rights;

·        to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or message of any kind;

·        in any way that intentionally or unintentionally harasses, annoys, threatens or intimidates any other user;

·        in any way that promotes or incites, whether intentionally or unintentionally, racism, bigotry, hatred or physical harm of any kind;

·        in any way that is abusive, defamatory, inaccurate, obscene, offensive, objectionable or sexually explicit;

·        to post photographs or images of another person without his/her permission (and if a minor, the permission of the minor's legal guardian);

·        to promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person;

·        to access, tamper with, cause damage to, or use non-public areas of the Service, Flybery's computer systems, servers or equipment or the technical delivery systems of Flybery's providers

·        to access or attempt to access any data of other users of the Service or to penetrate any of the security measures relating to the Service, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

·        in any way that intentionally or unintentionally deceives, defrauds or swindles any other user;

·        to introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Service, including but not limited to cancelbots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;

·        interfere with, or disrupt, (or attempt to do so), the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;

·        to copy, modify, or distribute any other users' Content without their consent;

·        for commercial purposes other than as expressly permitted in these Terms;

·        to bypass measures used to prevent or restrict access to the Service;

·        to solicit or provide unlawful services;

·        to harvest or otherwise collect information about others without their consent;

·        to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service;

·        to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

·        to scrape, crawl or spider or otherwise use the Service or any Content for phishing, spamming, trolling or any unauthorised (commercial) purpose; or

·        to promote or support or solicit involvement in any political platform or cause, religion (recognised as organised or unorganised), cult or sect of any kind.

Flybery reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users. Flybery also reserves the right to access, read, preserve, or disclose any information as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or; (v) protect the rights, property or safety of Flybery, its users and the public.

Except as permitted through the Service (or these Terms), you have to use the Flybery API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Service.

While we will do what we can to protect the security of your Content and data, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

Competitions And Promotions

Flybery may on occasion run competitions or promotions either on its own behalf, for other parties or in conjunction with the Flybery Partners. These will be subject to additional rules and conditions which will be made available at the time of any such competition or promotion.

The Services Are Available "as-is"

Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis.

Without limiting the foregoing, Flybery and its partners disclaim to the maximum extent permitted by law any warranties, represe