Terms Of Use

Terms of Use

Welcome to the Wingback website www.wingback.co.uk (together with related properties, the "website"). The following terms of use (“Terms of Use”) govern your use of the website.

By accessing, viewing, or using the content, material, products, or services available on or through the website, you acknowledge that you have read and agree to comply these Terms of Use. You further acknowledge that you are 13 years of age or older and that you have all the necessary rights, power and authority to enter into these Terms of Use and perform the obligations in them. You agree that your use of the website or any content or material made available on or through the website signifies that you fully accept and agree to these Terms of Use.

1. Information About Us

We operate the website. Our company number is 10948782 and our registered office is Unit 2.02 - 2.04 Oxo Tower Wharf Bargehouse Street, Southbank, London, England, SE1 9PH which is also our main trading address ("Wingback", "we", "us", "our"). Our VAT number is 280730510. We are a limited company.

To contact us, please see our Contact Us page.

2. Registration

In order to access certain content, material, products or services on the website, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms of Use, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Wingback will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

Additional information may be collected by Wingback or its third-party providers for security and anti-fraud purposes. You confirm that the personal information you provide to us via the website is true, valid, complete and up-to-date in all respects. Should any of the information you provide on the website change, please login to your account and update such information directly on the website.

Our Privacy Policy explains what personal information we collect, why we collect it, how we use it, the controls you have over your personal information and the procedures that we have in place to protect your privacy. If you have any questions about how we use your personal data please contact hello@wingback.co.uk.

3. General Restrictions on Use

You agree to use the website only for purposes that are permitted by these Terms of Use, and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the website for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purpose.

You will not (and will not attempt to):

(a) Access the website by any means other than through the interface that is provided by Wingback;

(b) Gain unauthorised access to Wingback’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the website, Wingback’s networks and computer systems;

(c) Access the website through any automated means or with any automated features or devices (including use of scripts or web crawlers);

(d) Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;

(e) Reproduce, duplicate, copy, sell, trade, or resell any aspect of the website for any purpose; and

(f) Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Wingback in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

4. Content

As between you and Wingback, Wingback owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyright, trademarks, service marks, trade dress, and other intellectual property rights associated with them, in or made available through the website (“Website Content”), as well as the selection, coordination, arrangement, and organisation and enhancement of the Website Content. All Website Content is protected by intellectual property laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Website Content. As between you and Wingback, all names, trademarks, symbols, slogans, or logos appearing on the website are proprietary to Wingback or its affiliates, licensors, or suppliers. Use or misuse of these is expressly prohibited and may contravene intellectual property law. Under no circumstances will you have any rights of any kind in or to the Website Content, other than the right to use the Website Content in accordance with these Terms of Use.

Certain features of the website may allow you to contribute feedback and other information to the website for access, use, viewing, and commentary by other users of the website (collectively, “User Generated Content”). By posting User Generated Content or any other content, you promise that you have the full legal right to provide the User Generated Content and content, and that use of the User Generated Content and content by Wingback on the website, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) breach any law or agreement; or (c) constitute disclosure of any confidential information owned by any third party. By submitting User Generated Content or other content to Wingback, you grant Wingback a worldwide, on-going, transferable, licence to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Generated Content and other content, all without any payment to you. To be clear, Wingback shall also be under no obligation: (a) to maintain any User Generated Content in confidence; (b) to pay you in any way for your User Generated Content; or (c) to respond to any User Generated Content.

5. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the website that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions on the website at any time without prior notice.

6. Disclaimers and Warranties

Except where due to our breach of these Terms of Use or failure to use reasonable skill and care, we make no promises: (i) that the website, Website Content, Products, advice, information or links provided on the website will meet your requirements; (ii) that the website will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the website will be corrected; (iv) regarding the Website Content, advice, information or links provided by any third parties or users; and (v) that the website will be error-free or that any errors will be corrected.

You understand that the technical processing and transmission of any Website Content and User Generated Content may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our website will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the website or the internet, including, for example, personal information such as your name or address. Except where this is due to our breach of these Terms of Use or failure to use reasonable skill and care, Wingback assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or the website, including any injury or damage to you or to any person’s computer related to or resulting from use of the website.

7. Limitation of Liability

Nothing in these Terms of Use of use excludes or limits Wingback’s liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. 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 the Terms of Use. Also, we only supply the website for domestic or private use. You agree not to use the website for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8. Links to Other Websites

The website may contain links or references to other websites outside of our control. Links to other websites may use our website logo or style as a result of a co-branding agreement. These websites may set cookies on your browser and may collect personally identifiable information about you and make use of that data in ways that this website would not. Please be aware that Wingback has no control over these websites and that these Terms of Use do not apply to any third party websites. Wingback encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.

9. Complaint Procedures

If you believe that any content on this website infringes your intellectual property or other rights, please notify Wingback by email at hello@wingback.co.uk with a comprehensive detailed message setting out the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; and (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content that is objectionable.

10. Changes to these Terms of Use

We may revise these Terms of Use at any time to reflect changes in or to:

(a) Relevant laws or regulatory requirements;

(b) Security, technical or operational issues;

(c) Website's functionality or features.

If we change these Terms of Use, we may notify you on the website. If we have your e-mail address, we may also decide to e-mail you with information on those changes.

11. Applicable Law

These Terms of Use their subject matter and its formation, are governed by English law. However, if you are a consumer and resident of any other European Union country you will benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms of Use affects your rights as a consumer to rely on these local law mandatory provisions and legal rights. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a consumer and resident of any other European Union country you and we may also bring proceedings in that country.

12. Business Terms

If you are a business, the following terms apply instead of the corresponding terms above:

Liability (applying instead of clause 12):

We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.

We do not limit in any way our liability for:

Death or personal injury caused by our negligence;

Defective products under of the Consumer Protection Act 1987;

Fraud or fraudulent misrepresentation; or

Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).

We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Contract for:

Any loss of profits, sales, business or revenue;

Business interruption;

Loss or corruption of data, information or software;

Loss of anticipated savings;

Loss of business opportunity, goodwill or reputation; or

Any indirect or consequential loss or damage.

Our total liability to you in respect of other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products.

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty that 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 Products are suitable for your purposes.

Communications Between Us (applying instead of clause 14):

When we refer in these Terms to “in writing,” this will include email.

Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.

A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.

In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Other Important Terms (applying instead of paragraph 6 of clause 17):

These Terms, their subject matter and 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.