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These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Paid Content, is sold by Us to consumers through this website, BlueboxInflight.com(“Our Site”) or via the Bluebox.com website when purchased while making a flight booking. Please read these Terms of Sale carefully and ensure that you understand them before purchasing Paid Content. You will be required to read and accept these Terms of Sale when purchasing access to Paid Content. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase and access Paid Content through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”

means a contract for the purchase of access to Paid Content, as explained in Clause 6;

“Paid Content”

means the digital content sold by Us through Our Site;

“We/Us/Our”

means Bluebox Aviation Systems Ltd, a company registered in Scotland with company number SC267388 whose registered office is at Estantia House, Pitreavie Drive, Dunfermline, Fife, KY11 8US, United Kingdom

2. Information About Us

2.1 Our Site, BlueboxInflight.com is operated by Bluebox Aviation Systems Ltd, a company registered in Scotland with company number SC267388 whose registered office is at Estantia House, Pitreavie Drive, Dunfermline, Fife, KY11 8US, United Kingdom. Our VAT number is 842361440.

3. Paid Content, Pricing and Availability

3.1 We make all reasonable efforts to ensure that all descriptions of Paid Content available from Us correspond to the actual Paid Content that you will receive.  

3.2 Please note that sub-Clause 3.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies. Please refer to Clause 8 if the Paid Content is incorrect.

3.3 All prices on Our Site include VAT/GST. If this rate changes between your order being placed and Us taking payment, the amount payable will be automatically adjusted when taking payment.

4. Orders – How Contracts Are Formed

4.1 Our Site will guide you through the process of purchasing access to Paid Content. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.

4.2 If We are unable to process your order due to incorrect or incomplete information, You will be given the opportunity to correct it. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.

4.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase access to Paid Content constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us providing access to the Paid Content.

4.4 In the unlikely event that We do not accept or cannot fulfil your order for any reason, no payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 calendar days.

4.5 Any refunds under this Clause 4 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

4.6 Refunds under this Clause 4 will be made using the same payment method that you used when purchasing access to Paid Content.

5. Payment

5.1 Your chosen payment method will be charged when we process your order and provide access to the Paid Content.

5.2 We accept the following methods of payment on Our Site:

5.2.1 Visa;

5.2.2 Mastercard;

5.2.3 American Express;

5.3 If you believe that We have charged you an incorrect amount, please contact Us at customerservices@blueboxaviation.com as soon as reasonably possible to let us know.

6. Provision of Paid Content

6.1 Paid Content will be available to you immediately when We verify your payment and will continue to be available for the period that the system is made available (this may be shorter than the flight duration due to airline operational restrictions).

6.2 When you place an order, you will be required to expressly acknowledge that you wish the Paid Content to be made available to you immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) the Paid Content, you will lose your legal right to cancel if you change your mind or have paid by mistake. Please see sub-Clause 9.1 for more information.

6.3 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) to resolve technical problems or to make necessary minor technical changes;

6.3.1 To fix technical problems or to make necessary minor technical changes;

6.4 Any refunds under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

6.5 Refunds under this Clause 6 will be made using the same payment method that you used when purchasing access to Paid Content.

7. Licence

7.1 When you purchase access to Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).

7.2 The licence granted to you under sub-Clause 7.1 is subject to the following usage restrictions and/or permissions:

7.2.1 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public..

8. Problems with the Paid Content

8.1 By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If the Paid Content does not comply, please contact Us as soon as reasonably possible to inform Us of the problem.

8.2 Please note that We will not be liable under this Clause 8 if We informed you of the fault(s) or other problems with particular Paid Content before you accessed it and it is that same issue that has now caused the problem or if you have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.

8.3 If there is a problem with any Paid Content, please contact Us at customerservices@blueboxaviation.com.

8.4 Refunds under this Clause 8 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund..

8.5 Refunds under this Clause 8 will be made using the same payment method that you used when purchasing Paid Content.

 

9. Cancelling Your Payment

9.1 If you purchase Paid Content by mistake please inform Us as soon as possible and do not attempt to access any Paid Content. Provided you have not accessed any Paid Content We will be able to cancel the payment and issue a full refund. If you have accessed any Paid Content after payment is verified, We will not be able to offer any refund and you will continue to have access to the Paid Content for the remainder of the period that the system is available on the aircraft.

9.2 Refunds under this Clause 9 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.

9.3 Refunds under this Clause 9 will be made using the same payment method that you used when purchasing access to the Paid Content.

10. Our Liability to Consumers

10.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

10.2 Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

10.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to Paid Content) from Our Site damages your device or other digital content belonging to you, We will either repair the damage or pay you appropriate compensation. Please note that We will not be liable under this provision if:

10.3.1 We have informed you of the problem and provided a free update designed to fix it, but you have not applied the update; or

10.3.2 The damage has been caused by your own failure to follow Our instructions; or

10.3.3 Your device does not meet any relevant minimum system requirements that We have made you aware of before you purchased Paid Content.

10.4 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation or limit any rights a consumer may have under any applicable consumer law.

10.5 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

11. Contacting Us

11.1 If you wish to contact Us with general questions, complaints, or refunds you may contact Us by telephone at +44 1383 620922, by email at customerservices@blueboxaviation.com.

12. Complaints and Feedback

12.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

12.2 If you wish to complain about any aspect of your dealings with Us, please contact Us:

12.2.1 By email, addressed to Customer Comments at customerservices@blueboxaviation.com;

or

12.2.2 By contacting Us by telephone on +44 1383 620922 and requesting Bluebox Customer Services.

13. How We Use Your Personal Information (Data Protection)

13.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

13.2 13.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

14. Other Important Terms

14.1 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

14.2 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

14.3 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

14.4 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.

15. Law and Jurisdiction

15.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of Scotland.

15.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.

15.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Scotland.