TERMS OF SERVICE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY OF ELEMENTAL UAV LTD SERVICES. All users of this site and services agree that access to and use of this site or services are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site or services.
The General Data Protection Regulation (“GDPR”) that came into effect on the 25th May 2018 will ensure organisations handle your data responsibly and provides a new set of standards that must be followed when collecting, storing and processing your data. Unless stated otherwise by using our services you give us permission to be able to contact you to let you know about the latest news, offers & services. By using our contact form or services you are giving consent for Elemental uav Ltd to collect your name, email details and contact information in order for us to respond to your enquiry and any future correspondence.
All personal information supplied to Elemental uav Ltd will be treated in confidence and will not be disclosed to any third parties except where your consent has been received or where required by law. In order to provide you with a service, this information will be held in the data systems of Elemental uav Ltd. The only persons permitted to access your information are those employed by or authorised by us. We may also like to keep you informed of our services and special offers. If you would prefer not to receive this information from us, please let us know. See your rights in relation to this information, below.
UK Consumer Contracts Regulations 2013 offers you the following cancellation rights when you purchase goods and services from Elemental uav Ltd online or by phone:
- You are entitled to cancel your contract if you so wish, provided that you exercise your right to cancel within 14 days from the date the contract was agreed.
- To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the services you wish to cancel and, your phone number and email address.
- You can cancel by email: or call us on 0191 2674343
- We may make a deduction from the reimbursement for loss in value of any services supplied. We will make the reimbursement no later than 14 days after the day we receive a notice of cancellation.
Section 1 – INTRODUCTION
Section 2 – LICENCE TO USE WEBSITE
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You must not:
- Republish material from this website (including republication on another website);
- Sell, rent or sub-license material from the website;
- Show any material from the website in public;
- Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose.
- Redistribute material from this website [except for content specifically and expressly made available for redistribution]
Section 3 – ACCEPTABLE USE
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
Section 4 – LIMITED WARRANTIES
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Section 1 – WHAT DO WE DO WITH YOUR INFORMATION?
We may collect personal information such as your name, IP address or company/personal address from details you provide us with from initial contact with us. Our main purpose in collecting your personal information is to provide you with the services you request from us and those which we believe will improve your experience with us. We do not store credit card details, nor do we share customer details with any 3rd parties. Email marketing (if applicable): With your permission, we may send you emails about new services or offers.
Also, information is retained via capture devices using cookies to study which pages have been visited most frequently.
This helps us to understand how visitors to the site are using it and to improve the site to make it more user-friendly and informative.
Section 2 – CONSENT
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you by mailing us at:
Elemental UAV LTD, 3 WOODVALE GARDENS, NEWCASTLE UPON TYNE,
Section 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Section 4 – THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
Section 5 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Section 7 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact us at email@example.com
TERMS OF BUSINESS:
This website is operated by Elemental uav Ltd Throughout the site, the terms “we”, “us” and “our” refer to Elemental uav Ltd. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1 – PAYMENT
Payment is due within 14 days of the invoice date, unless alternative terms have been agreed in writing.
Customers unless otherwise stated, if there is a failure in paying within the due date:
- We may suspend or cancel future projects and/or orders.
- You will pay interest at the rate equivalent to that set for the purpose of the late payment of commercial debts (interest) act 1998:
- Calculated (on a daily basis) from the date of our invoice until payment;
- Compounded on the first day of each calendar month; and
- Before and after judgment (unless the court orders otherwise).
You do not have the right to set off any money you may claim from us against anything you may owe us.
We only accept payments in Pound Sterling.
We can take payments in cash or through bank transfer or electronic card reader for your convenience. We will provide bank details on request.
Section 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Work that requires any additional CAA exemptions i.e. work taking place within the major airport ATZs, at night or in urban areas will incur a flat additional charge inline with the current CAA table of charges per exemption.
- Work requiring any of the above exemptions will require a minimum of 28 days before the date of work to be approved by the CAA.
- Payments for exemptions are required prior to Elemental uav Ltd applying to the CAA. As such, each exemption charge is non-refundable.
Expenses will be charged directly to the client and are non-refundable except in a situation where Elemental uav Ltd are unable to operate due to internal factors
- Travel is charged at 45p per mile outside a 20 mile radius from NE15 7SA, Newcastle Upon Tyne.
- Any additional travel charges i.e. accommodation, parking charges and music rights for use in videos, will be discussed as necessary with the client.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms
Section 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel services purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address to contact you as needed.
Section 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 – PERSONAL INFORMATION
Section 9 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 10 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, local, provincial or county regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Elemental uav Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in these jurisdictions, our liability shall be limited to the maximum extent permitted by law. When Elemental uav is charged with being the Remote Pilot, liabilities will remain with the Remote Pilot during the duration of the flight.
- Limit or exclude our or your liability for death or personal injury resulting from negligence;
- Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- Limit any of our or your liabilities in any way that is not permitted under applicable law; or
- Are subject to the preceding paragraph;
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
Section 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Elemental uav Ltd and any, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 13- SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 14 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 15 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 16 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.
Section 17 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 18 – LAW AND JURISDICTION
Section 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: Elemental Uav Ltd
3 Woodvale Gardens, Newcastle Upon Tyne, NE15 7SA.
Section 20 – IMAGERY CONTENT USEAGE.
All imagery on this website (Video or Photography is referred to as imagery) and it’s content belongs to Elemental uav Ltd. We reserve the right to display and use all imagery material captured on our website and other social media platforms that belong to Elemental uav Ltd for advertising and marketing purposes both online and offline.
TERMS OF FLIGHT OPERATIONS:
The word Drone is referred to as an UAV (Unmanned Aerial Vehicle) and the wording Video or Photography is referred to as Imagery.
- Imagery services:Are based on the amount of time spent on site. This includes set up, planning, UAV operation and digital file transfer.
- The Client: Agrees to assist and cooperate with the UAV Operator in obtaining the desired Imagery.
- Pre-shoot consultations:If required may be subject to additional costs. The UAV Operator shall not be responsible for Imagery not taken as a result of the Client’s failure to provide reasonable assistance and cooperation. The Client agrees work performed is on a best efforts basis in the capturing of the Imagery.
- Images:The UAV operator will endeavour to capture the Imagery as requested by the Client, providing there is sufficient time for the UAV operator to stage and execute the shoot and that there is no risk of any damage to property or any safety concerns for the public or spectators. The UAV operator has the right to refuse any unsafe or unlawful UAV flying operations.
- Operational Changes: The UAV Operator may request changes if it is determined that any flight operation could impair the operational safety of the equipment, persons, property or violate local or national laws (including privacy).
- Imagery digital files:Will be made available to the client on a Client supplied storage device or purchased from Elemental uav Ltd and sent electronically, ideally immediately after the Imagery has been completed. The Client has full unlimited but non-exclusive rights to reproduce photographs and may print or use media any way they see fit. Exclusive rights to Imagery can be obtained at the Clients request.
- Booking Deposit:A 30% deposit is due at the time of making the booking. The remaining 70% will be required before any Imagery files will be released to the Client or on completion.
- Cancelations: Booking deposits are non-refundable if the Client no-longer proceeds with the scheduled, confirmed work. The Clients original date can be changed (for that particular job) at no additional cost, providing that the day is available for the UAV operator.
- Copyright: The Author of the Imagery grants the Client unlimited but non-exclusive use to reproduce the Imagery supplied. Exclusive rights to Imagery can be obtained at the Clients request.
- Equipment: Can malfunction or become damaged at any time. In the event that equipment malfunctions or otherwise becomes damaged at the time of the aerial work, the Client agrees to provide full payment of the hours worked until the time of the equipment malfunction or has become damaged. The remaining time not worked will be refunded in full and Imagery taken up until that time will be supplied to the client.
- Poor Weather Conditions:The UAV Operator or the Client may request rescheduling of the Imagery in the event of poor weather that includes any adverse weather conditions which could affect the safety of equipment, operator, members of the public and property. These can include high winds, rain, sleet/snow and fog/mist (this list is not exhaustive) and our Remote Pilot will advise the client up to 24 hours prior to the scheduled work, cloudy conditions are not included as poor weather. On the day of the event if poor weather exists, the UAV Operator will contact you in advance. If contacted by telephone or email, or upon arriving at the shooting location and it is determined that weather is beyond the UAV’s safe working parameters, the UAV Operator may cancel or reschedule. If the UAV Operator cancels on the day before any aerial work has commenced a £100 fee will only be payable. If aerial filming has commenced as agreed upon by the client at the scheduled time and has later been cancelled due to poor weather, then the client will be charged for the imagery as originally quoted. All efforts will be made to obtain the imagery as originally quoted, taking into account the current and expected weather conditions of the day.
- Travelling Timemay apply for traveling more than 20miles from the UAV Operators primary location (Newcastle Upon Tyne) and will be included in the quotation when it is provided to you.
- Client Permissions. Elemental uav Ltd, with help from the client must obtain the relevant permissions for certain UAV operations to take place. This permission is often required for locations like parks, major landmarks or private property and is very similar to the usual requirements for the undertaking of normal filming or photography. Elemental uav Ltd as well as the UAV Operator can look into these approvals and will pass these additional costs directly onto the Client. If these approvals are not obtained by either the Client or the UAV Operator the Imagery cannot proceed.
- The UAV Operatoris solely contracted to Client and therefore the Client must understand these Terms and Conditions before accepting any quotations by the UAV Operator.