Terms of Use and Conditions

 of Supply of Fly High Driving

 Academy Video Course

 Packages & Other Related

 Service Based Terms

1. Introduction

https://flyhighdrivingacademy.thinkific.com “Site” is owned and operated by Alan Hayward, trading as Fly High Driving Academy with our business address at 105 Eclipse Court, 1 Barnard Square, Ipswich IP2 8FD Suffolk UK. 

Please read these terms of use and conditions “Terms” carefully before placing an order. By purchasing streamed access to video courses packages and other “Services” on this Site, you agree to be bound by these Terms. If you are not willing to be bound by these Terms please do not purchase Services from this Site.


2. Changes to terms 

We reserve the right, at our discretion, to modify, add, or remove any or all of these Terms at any time and each such change shall be effective immediately upon posting.

Please check these Terms periodically for changes. 

Your continued use of this Site and purchase of Services on this Site following the posting of changes to these Terms will mean you accept those changes. Please check the Terms before every purchase. 

If the revised Terms apply to any existing provision of Services, we will notify you of the changes. 


3. Privacy policy

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy. 


4. Age restriction & proxy purchase 

You shall not purchase any Services from our Site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.

If you are 17 years old and wish to utilise the Services available on our Site you can only do so via a proxy purchase, i.e. if the purchase is made by a person who is 18 years old or older and in order for you alone to have exclusive access to our Services. Remember, access to our Services is strictly limited to one person per purchase and therefore if someone other than yourself makes the purchase on your behalf (a proxy service) only you and not you and the purchasing person are permitted to access the Services purchased. If both you and another person / s who are at least 18 years old require access to our Services via our Site, the Services must be purchased one purchase for each person.  


5. Acceptance of order

5.1. These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email (Email Confirmation) or when we or Thinkific contacts you to tell you that we are able to provide the Services or products to you. We are not bound by the Order unless we accept it in writing. 

5.2. If there is any conflict between these Terms and any term of the Order, the order will take priority.

5.3. At the time of acceptance of an Order an order number may be assigned to you by us directly  or via our automated third party administration system or via the Thinkific learning platform automated administration system. You should quote any such number in all your subsequent correspondence relating to the Order.

5.4. If you have already paid for a Service and we are unable to supply you with that Service because it is no longer available on our Site or because of a technical issue beyond our control and which we cannot correct as soon as reasonably possible (the exact duration of which will depend on the specific circumstances and will be determined solely by us without your leave to appeal), we will refund you the full amount upon your written request, to be received by us no later than 14 days following your Order of the particular Service purchased.  [Also see 13.1 to 13.5]. Remember, it is your responsibility to ensure that you are able to appropriately stream our video course packages on your equipment prior to making the purchase of any of our video based course packages. This may be verified by playing any of the free sample or introductory videos on the sales page of our Site or on https://www.flyhighdriving.academy or on any of the social media platforms that allow you free access for any purpose including promotional  to our streamable videos.


6. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. 


7. Representations

7.1. You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

7.2. You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

7.3. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes, including but not limited to preparing for and / or passing the UK manual practical car driving test or any other driving test that you take.


8. Provision of Services - including copyright [also see 16.]

8.1. We will supply the Services to you from the date set out in the Order for the period set out in the Order. 

8.2. We will make every effort to provide the services on time. However, there may be delays due to an Event Outside Our Control. See clause 13 below for our responsibilities when an Event Outside Our Control happens.

8.3. We will need certain billing information from you at the time of the Order that is necessary for us to provide the Services. We will contact you in writing about this as required. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the services under this clause 8.3, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you.

8.4. We may have to suspend the services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause 8.4 but this does not affect your obligation to pay for any invoices we have already sent you.

8.5. If you do not pay us for the Services when you are supposed to, we may suspend the Services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.

8.6. If we supply a product to you as part of the Services and the Services such as a written report, learning support documentation, a CD, a DVD, an e-book or any other form of digital content, particularly the non-downloadable video course content or any other type of product or Service whatsoever, we will own the copyright, design right and all other intellectual property rights in such products and Services and any drafts, drawings or illustrations we make in connection with the products and Services for you. 


9. If there is a problem with the services

9.1. In the unlikely event that you are not happy with the services:

a) please contact us and tell us as soon as reasonably possible;

b) please give us a reasonable opportunity to repair or fix any defect; and

c) we will use every effort to solve the problem within 7 days.

9.2. As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

9.3. Before we begin to provide the Services, you have the following rights to cancel our Services:

a) Subject to clause 9.4 below, you may cancel any order for Services at any time by emailing us at videocourses[at]flyhighdriving[dot]academy within 14 days of the date of our email confirmation of your Order so long as you have not received any Service. We will confirm your cancellation in writing to you;

b) if you cancel an Order under clause 9.3 (a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you so long as you have not received any Service;

c) however, if you cancel an order for Services and we have already started providing the services by that time, i.e. as soon as you have paid as at that point you will have immediate access to the Service purchased, you will pay us for the entire service and no refund will be due. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.

9.4. If we have completed providing the Services, you have no right to cancel, even if this is within 14 days of our email confirmation of your order and this will be as soon as you have paid and have access to the Services that you have purchased via the legitimate use of our Site.


10. Termination 

10.1    We may terminate the contract for services at any time with immediate effect by giving you written notice if:

a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or

b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.

10.2    You may terminate the contract for services at any time with immediate effect by giving us written notice if we break the contract in any material way and do not correct or fix the situation within 14 days of you asking us to in writing.


11. Price and Payment

11.1. Prices of the services are specified on our Site and confirmed on the checkout page. We may change our prices at any time, but that will not affect the prices for confirmed orders.

11.2. Our prices are inclusive of VAT. However, if there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.

11.3. Despite our best efforts, there may be incorrect prices on some of the services. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.

11.4. Payment for services is to be made in advance by credit or debit card [or Paypal] except where agreed otherwise in writing between us. Please see our Site for a list of the credit and debit cards that we accept through the Thinkific and other payment portals. 

11.5. If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Nat West Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. 


12. Limitation of liability 

12.1. We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable, for example how you drive at any time. 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 this contract.

12.2. Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

a) fraud or fraudulent misrepresentation; 

b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;


13. Circumstances beyond our control also see 5.4

13.1. If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure. 

13.2. Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

13.3. If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms: 

13.4. the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. 

13.5. If Circumstances Beyond Our Control occur and continue for more than 30 days and you do not wish us to provide the services, you may cancel the contract. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 30 days.

14. Notice

14.1. Any notice to us should be in writing and sent to us by e-mail to  Fly High Driving Academy at videocourse[at]flyhighdriving[dot]academy

14.2. Any notice to you will be in writing by e-mail to the email address you provided us with on the Order. 


15. Miscellaneous

15.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

15.2. You cannot transfer your rights and obligations under these Terms to any other person without our written approval. 

15.3. This contract is only between you and us. No other third person shall have any rights to enforce any terms. 

15.4. Each paragraph of these Terms are separate and distinct from others. If any court or relevant authority determines any clauses of these Terms is unlawful, then such determination will not affect other clauses and all other remaining clauses will remain in effect and full force.

15.5. Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults. 

15.6. English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. 


16. Copyright Notice

Copyright © 2021 FLY HIGH DRIVING ACADEMY

We are the owner of all intellectual property rights in this article [OR our website, and in the material published on it]. These works are protected by copyright laws and treaties around the world. We grant to you a worldwide, non-exclusive, royalty-free, revocable licence to STREAM AND VIEW ONLY this article [OR website and the material on this website] on a computer or mobile device via a web browser. Other than the above, we do not grant you any other rights in relation to this website or the material on this website and all other rights are reserved. For the avoidance of doubt, you must not print, reproduce, download in any format, adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public or private or within any professional, learning, teaching or instructional context whatsoever to any other person this website or the material on this website (in any form or media) without our prior written permission.  If you do  print, reproduce, download in any format, adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public or private or within any professional, learning, teaching or instructional context whatsoever to any other person this website or any part of the material on this website (in any form or media) [our Site] you will be in breach of this notice, and 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 or downloaded.

We take the protection of our copyright very seriously. If we discover that you have breached the terms of the above licence, we may bring legal proceedings against you and seek monetary damages and/or an injunction to stop you using our materials. You could also be ordered to pay our legal costs. 


17. Terms of Website Use

This page (and the documents it refers to) tells you the terms of use on which you may use or browse our website https://flyhighdrivingacademy.thinkific.com  (our Site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Site. By using our Site, you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, please do not use our Site to make any purchase for our Services.

Our Site

We allow access to our Site on a temporary basis and we reserve the right to withdraw, restrict or change our Site at any time and without notice. We will not be liable if for any reason our Site is unavailable at any time or if the content is changed or out of date.

You must treat as confidential any user identification code, password or other security feature in relation to our Site. If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time. 

It is your responsibility that anyone who accesses our Site through your internet connection is aware of these terms and complies with them.

Variations

We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our Site. 

Intellectual Property Rights [Also see 16]

We are the owner of all intellectual property rights in our Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 

You must not use any part of the materials on our Site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of our Site (including content, images, designs, look and feel) without our prior written consent. 

If, in our opinion, you are in breach of these provisions, your right to use our Site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made or downloaded in breach of this agreement.

Reliance on Information and Links

The contents of our Site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. The extent to which you decide to be guided by the contents of this Site is your responsibility alone and professional advice, external to Fly High Driving Academy, should be obtained before taking or refraining from taking any action as a result of the contents of this Site. Alan Hayward trading as Fly High Driving Academy disclaims all liability and responsibility arising from any reliance placed on any of the contents of this Site. 

Information About You and Your Visits to our Site

We process information about you in accordance with our Privacy Policy. 

Linking to our Site

You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice. 

You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page as limited above. 

If you wish to make any use of material on our site other than that set out above, please address your request to [email protected].

Viruses, hacking and Other Offences

You must not misuse our Site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. 

By failing to comply with this provision, you would commit a criminal offence and your right to use our Site will cease immediately and we will report your actions to the relevant authorities.

Our Liability

The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law.

Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site. 

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Contact Us

For any questions or queries you can contact us by email at videocourses[at]flyhighdriving[dot]academy.