IMPORTANT NOTICE

By using this website and/or any of the services available through it, you agree to be legally bound by the Terms of Use and the relevant Privacy Policy set out or linked to above. Please read them both carefully before you start to use this website and keep a paper/electronic copy for your records. If you do not accept these Terms of Use, please refrain from using this website.

1. About the Terms of Use

1.1 These Terms of Use apply to your use of the FlybyTickets.com website and any Reference to "Website" in these Terms of Use is a reference to the FlybyTickets.com website which you are currently visiting or using (or which you have visited or used).

1.2 We reserve the right to update these Terms of Use at any time. If we do so, we will publish the amended version here. The amended Terms of Use will take effect from the time they are first published on the Website and, from then on, will govern the relationship between you and us in respect of your use of the Website. If you do not agree with the amended Terms of Use, you may not continue to use the Website after the time on which the amended Terms of Use are published on the Website.

1.3 The relevant Privacy Policy also forms part of these Terms of Use and it is very important that you read it carefully.

2. About us

2.1 We are Flyby Tickets, the name, logo & likeness are all owned by NumberMan Productions Ltd which is private company limited by guarantee registered in England and Wales (registered number 08404300) whose mailing address is Office 3, Hatton Garden, London, EC1 8PN, United Kingdom.

2.2 If you have any questions, complaints or comments concerning the Website or any of the information we offer through it or if you require any support in relation to your use of the Website, you can contact us using the following email address: flyby@flybytickets.com

3. Use of the Website

3.1 Subject to your compliance with these Terms of Use, you may use this Website together with any information and material we offer through it.

3.2 We are the owner or the licensee of all intellectual property rights in the Website and in the information and material we offer through it. Those works are protected by copyright laws.

4. Your use of the Website

4.1 To access and/or enter certain content on the Website, you must register with us by creating an account. To do so you will need to give us the requested personal information on the registration page, and you must consent to our processing of your personal information, in accordance with the relevant Privacy Policy. If you do not agree with the terms of the Privacy Policy, you should not create an account with us and you will not be able to access such content through the Website.

4.2 You must ensure that your personal information that you provide when you register is correct and complete. You can access and update the information you provided to us by accessing your account on the Website.

4.3 You are responsible for maintaining the confidentiality of your password, user name and log-in details. You must not share these account details with anyone and you are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be liable where your password or user name is used by someone else. You agree to notify us immediately by email to flyby@flybytickets.com of any unauthorised use of your password, user name or account as soon as you become aware. If you fail to comply with the above obligations, we will not be responsible for any losses you suffer as a result.

4.4 You agree that you will use the Website only for lawful purposes and you will not:

(a) use the Website for the posting, storage or transmission of any unlawful, fraudulent, harmful, threatening, harassing, defamatory, abusive, vulgar, obscene, racially, ethnically or otherwise objectionable material of any kind; or

(b) upload material that contains viruses, "Trojan Horses", worms, time-bombs, keystroke loggers, cancelbots, spyware, adware, corrupted files or other such similarly harmful or destructive programs or features or otherwise in any way damage, disable or impair the operation of the Website, or attempt to do any of the same, or gain or attempt to gain unauthorised access to the Website, or to networks connected to it, or to content delivered through it, by any means, including by hacking, spoofing or seeking to circumvent or defeat any firewalls or other technological or other protections or security measures; or (c) transmit or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

5. Linked Websites

Where our Website contains links to other websites and resources provided by third parties, these links are for information only. We have no control over the contents of those websites or resources and we do not endorse and are not responsible for their contents or their privacy practices. We shall not be responsible or liable for any loss or damages caused by use of or reliance on any content, goods or services available on such websites.

6. Your use of content on the Website

Except where, in these Terms of Use or in the relevant Privacy Policy, we explicitly permit you to do so, you may not duplicate, copy, reproduce, sub-license, republish, distribute, transmit, display or make available, alter, adapt, interfere with, create derivative works from, or paste to any other application or webpage, by any means or in any manner, any content provided or made available on or through the Website, or do anything else with such content. You agree and acknowledge that you will not acquire any ownership rights or licence within the content. You acknowledge that modification of any content or use of any content for any purpose not expressly permitted by these Terms of Use may breach our and others’ copyright, privacy and other proprietary rights.

7. Third party content and software

Where content, information, software, and any other material or services are supplied by third parties, you acknowledge and agree that we cannot control and do not purport to endorse such content, software or services in any way. All third party content, software or services that are made available through the Website are offered in good faith but we do not (to the extent permitted by applicable law) accept any responsibility for the accuracy, reliability, timeliness, or otherwise of such content, software or other material or services (whether published on or offline) or for the use, download and/or installation of such content, software, or other material or services.

8. Our liability to you

8.1 If you are a consumer, you will have legal rights in relation to any goods that we supply that are faulty or not as described or any services that we do not carry out with reasonable care and skill. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in the Terms or Use will affect these legal rights.

8.2 If you are not a consumer, then to the maximum extent permitted under applicable law, we exclude all express or implied conditions, warranties, representations or endorsements whatsoever with regard to any content, information, material, software or other items or services provided through the Website including those as to availability, quality, timeliness, performance, or fitness for a particular purpose.

8.3 We shall not be liable for any loss or damage resulting from the illegal, incorrect or inappropriate use of any content, information, material, software or other item by you or anyone else whilst the content is in your possession.

8.4 If you are a consumer and we fail to comply with our obligations under these Terms of Use, we will be responsible for any loss or damage you suffer that is a foreseeable result of our breach or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into any contract to supply you with goods or services.

8.5 If you are not a consumer, then subject to the paragraph 8.6 below, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with any breach of these Terms of Use, for:

8.6 Nothing in these Terms of Use limits or excludes our liability for death or personal injury caused by our negligence or the negligence of our employees, or where we have acted fraudulently.

8.7 Subject to paragraphs 8.5 and 8.6 above, if you are not a consumer, our total liability to you, in respect of all other losses suffered by you and arising under or in connection with any breach of these Terms of Use, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £50.00 (fifty pounds sterling).

8.8 Unless you are an employee of Flyby Tickets Ltd, you are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use, and is compatible with the Website. We do not guarantee or make any warranty that the Website or its servers are free from viruses, worms, time-bombs, keystroke loggers, cancelbots, "Trojan Horses" or anything else that has contaminating or destructive properties. We shall not be liable for any damage to, or viruses that may infect your computer equipment or other property following your access to, use of, the Website or accessing of any content, information, material, software or other item or service. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

8.9 We aim to update the Website regularly and may change the content at any time. If the need arises, we may suspend access to the Website or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

9. Your further obligations to us

9.1 You agree that you will not use the content, information, material, software or other item or service available on this Website for any illegal purpose or for any other purpose prohibited by these Terms of Use or in any notice contained within any content, information, material, software or other item.

9.2 You shall compensate us in full in respect of any losses, liabilities, damages, expenses or costs (including legal fees and expenses), that we may suffer and which arise from or in connection with any third party claim, suit or proceeding brought against us which arises out of, results from or is related to any breach by you of these Terms of Use.

10. General

10.1 Neither party will be liable for any failure to perform any obligation owed to the other due to reasons beyond its reasonable control, for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure.

10.2 Save as otherwise expressly stated, if you are not a consumer, these Terms of Use and the relevant Privacy Policy contain the entire agreement between us and you relating to your use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms of Use. Nothing in this provision shall limit or exclude any liability for fraud.

10.3 In the event that any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such provision will be severed and the remainder of these Terms of Use shall continue in full force and effect.

10.4 If you breach these Terms of Use and we take no action against you, we will still be entitled to enforce our rights against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms of Use.

10.5 English is the only language offered for the conclusion of this contract.

10.6 The Flyby Tickets name and logo will always remain the property of NumberMan Productions Ltd Company number 08404300

10.7 We reserve the right to assign or sub-contract any or all of our rights and obligations under these Terms of Use. These Terms of Use are personal to you and entered into by you for your own benefit and not for the benefit of any third party.

10.8 If you are a consumer, please note that these Terms of Use are governed by and are to be construed in accordance with English law. This means that any dispute or claim arising out of or in connection with them will be governed by English law. You and we 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 a resident of Scotland, you may also bring proceedings in Scotland.

Nov 11th 2018