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Freefly Multimedia Ltd – atpmembers.com
Last updated 05 April 2024
Table of Contents:
Subscription Based Consumer Website Terms and Conditions
1. Our website2. Customer Use3. Account Integrity4. Product & Service Pricing5. Your Order6. Subscription Period & Free Trials7. Cancellation Rights, Defects and Refunds8. Content Submission9. Content Ownership10. Content Monitoring11. Suspensions or Termination12. Access13. Disclaimer14. Customer Complaints15. Privacy16. Events outside our control17. Licence18 Copyright19. Reasonably Foreseeable Losses20. Severability21. Waiver22. The Consumer Rights Act 201523. Your Statutory Rights24. Entire Terms & Conditions25. Jurisdiction
1. Data Protection2. Our Services3. Data Protection Register4. Required Period5. Card & Payment Processing Data 6. Backup & Data Storage7. Customer Requests8. Email Updates9. Our Promise10. Data Sharing With Partners11. Spam12.Product Updates13. Email Content14. Cookies15. Contact Us
Use of this website provided by Freefly Multimedia Ltd, (“Us”) by your business, officers and employees, (“You”) and any service contained within constitutes acceptance of these Terms & Conditions.
2.1 You should always check the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 Our website is only intended for use by adults, as defined as those aged 18 or over and who have sufficient capacity to enter into a binding agreement. Any minors should request permission from parents or carers for payment and access to the website.
3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate and not misleading. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party or vulgar, obscene or in any other way inappropriate.
3.2 You are responsible for maintaining your own username and password via our website. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
3.3 You are responsible for your customer account and any actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product or service is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).
4.2 We reserve the right to alter all product and service pricing without notice.
5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase a product or service.
5.2 Your offer is only accepted by us once we have emailed you to confirm the creation of your account and your username & password details and the product or service has been provided to you.
5.3 Product or service items not included within your account email are not included in the order and contract between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
6.1 After satisfactory payment of the subscription fees and supply by us of your username & password you will have access to the website, and the products and services provided by the website for your subscription period.
6.2 To avoid any disruption of service your subscription will automatically renew at the end of each subscription period.
6.3 For annual subscriptions you will automatically receive an email notification before your subscription expires notifying you of your forthcoming renewal and providing details of how to cancel your renewal.
6.4 Where we are unable to renew your subscription we will automatically suspend or downgrade your account and notify you via email and allow you to update your payment details or take out a new subscription. Please note in this instance you may lose any previous discount or special offer related to your previous subscription.
6.5 Where you are offered a free-trial period you will receive an email notification no less than seven days before your free-period is due to end and convert into a paid subscription. Please note this does not apply where you are merely offered a discounted or offer-period paid-for subscription at a reduced rate that subsequently converts to a subscription at one of our full standard subscription rates.
7.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a right to cancel your subscription and obtain a refund.
7.2 Where your subscription grants you immediate access to any downloadable, electronic or “softcopy” goods or other electronic services of immediate value you will be required to tick the box at the checkout waiving your right to a refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
7.3 In the case of a defective service we reserve the right to offer an additional free period of service or issue a partial or full refund at our sole discretion.
7.4 Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund.
7.5 Once a refund is issued your subscription will be terminated. Any content or data in your account will be deleted.
8.1 Where we allow content submission to the website by users the views expressed by any user on the website are their own and not those of Freefly Multimedia Ltd.
8.2 As a user you agree not to do any of the following:
8.2.1 Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
8.2.2 Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
8.2.3 Use or harvest data provided by other users in a way that they would object to.
8.2.4 Contact other users in ways they may find inappropriate.
8.2.5 Encourage illegal activity or activity that violates the rights of other users or third parties, whether individuals or organisations.
8.2.6 Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
8.2.7 To pose as another user, third party or organisation or one of our employees for the purposes of obtaining user or third party information.
8.2.8 To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
8.2.9 Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
8.2.10 Reframe, repurpose the website or any content on it or remove or obscure any notices or advertising provided by us on the website.
8.2.11 Load or provide access to content on the website or link to other content from the website, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
8.2.12 Make commercial posts or comment spam or attempt to disguise such spam as content.
8.2.13 Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
8.2.14 Use any robot, spider, scraper or other technical means to access the website or content on the website.
8.3 If you breach these Terms and Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and our website. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
8.4 The above list is not intended to be exhaustive.
9.1 As a user you retain all ownership rights to content provided by you.
9.2 By submitting, posting or displaying your content on the website you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such content on the website. This allows us to place your content on the website and let all users view your content. It also allows us to compress or alter the size of any files you may post onto the Site to ensure that they can be readily displayed for other users.
9.3 As this is a non-exclusive licence you as a user are free to provide your content to other websites or other parties, without restriction.
9.4 This licence is also royalty-free, which means that the content is provided free of charge to us and we will not pay for the content or account for any advertising revenue generated on the website or on any specific content pages.
9.5 This licence is also sub-licensable, which means that our partners and affiliates can also use the content.
9.6 This licence also applies worldwide because the website can be accessed from anywhere in the world, at any time.
9.7 Also as part of the licence you warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the website. Furthermore if any content is owned by a third party you agree to pay all royalties owed to that party, without seeking any contribution from us.
Users can freely add content to the website. We do not monitor or assume any responsibility for content posted to the website. If at any time we decide to monitor the website on any occasion it does not assume responsibility for removing any content or the conduct of any users.
11.1 We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
11.2 If a customer account is suspended the suspension the length of the suspension period and any reactivation will be at our sole discretion.
11.3 On termination any content or data in your account will be deleted.
We take all reasonable steps to ensure the website is available and functioning fully at all times. However, we do not accept any responsibility for “down-time” or poor performance of our fileservers or where the website or any associated service is unavailable for any reason, whether within or outside our direct control.
13.1 We are not responsible for the accuracy of any content on the website nor any advertisements placed on the website.
13.2 We are not responsible for any links to third party websites from our website and the inclusion of any link does not imply an endorsement of a third party website by us.
We endeavour to respond to all customer complaints or queries within five working days.
We take your privacy seriously. We are registered under and comply with the General Data Protection Regulation (GDPR). For further details please see our Privacy Policy.
We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
17.1 We grant you a licence to access the content, information and services contained within our website for business use only.
17.2 This licence allows you to download and cache (using your browser) individual pages from our website.
17.3 This licence does not allow you to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
17.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
17.5 Our website cannot be placed within the frame-set of another website.
17.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
17.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
18.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of Freefly Multimedia Ltd, unless expressly acknowledged as otherwise or provided by a user as part of content submission.
18.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
19.1 We will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract was made.
19.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.
19.3 We do not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by employees, our officers or us.
The paragraphs, sub-paragraphs and clauses of this Agreement shall be read and construed independently of each other. Should any part of this Agreement or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.
Where acting as a consumer your statutory rights are unaffected.
These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, without giving notice.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Our contact details are as follows:
Freefly Multimedia Ltd
82 Rodwell Avenue
Weymouth
Dorset
England DT4 8SQ
Email: nick@atpmembers.com
Company registration number:07200667
Freefly Multimedia Ltd – www.atpmembers.com
We comply with the principles of the General Data Protection Regulation (GDPR) when dealing with all data received from customers or visitors to our website.
We only hold the data necessary to offer services provided on our website. We do not ask for or use more data than necessary to provide you with a proper service. This means we only process and hold data related to purchases and subsequent support related to those purchases, in accordance with Article 6(1)(b) of the General Data Protection Regulation (GDPR). Any processing of your data is only done to provide or perform the services or products you have purchased.
Data is only used for the purposes described in our entry on the Data Protection Register.
We only hold personal data for as long as necessary. Once data is no longer needed we delete it.
We use third-party payment providers to handle card and payment processing data securely. We never see or store any card or payment information. In accordance with Article 6(1)(b) of the General Data Protection Regulation (GDPR) any other data is only used to process your purchase securely. In accordance with Article 6(1)(c) of the General Data Protection Regulation (GDPR), we need to retain data related to all purchases to fulfil our existing legal obligations to account for tax and VAT on all transactions.
For administrative reasons, customer data and email subscription data may be passed to and stored securely with third party service providers located outside the EEA (European Economic Area). This is done to backup and preserve your data where it is needed to carry on offering a service to you.
As a customer, you can at any time (and free of charge) request details of the data we hold relating to you – and you can also request any such data is amended or deleted. Please note that if you request deletion of your data, this may prevent us from offering any further support relating to your previous purchases.
We regularly email website news and information updates to those customers who have specifically subscribed to our email service. All subscription emails sent by us contain clear information on how to unsubscribe from our email service. Our email service is an opt-in service only; with your prior consent required in accordance with Article 6(1)(a) of the General Data Protection Regulation (GDPR). This means to subscribe you must enter your details into the email subscription page and submit them to us.
We never sell rent or exchange mailing lists.
We do not share commercial or technical data with our partners unless we have specifically sought and obtained your prior approval. Where we request such approval, we will always fully disclose how your data is used.
Please note that even when we have your specific consent, we only share data with partners that operate their own privacy policy in full accordance with the General Data Protection Regulation (GDPR).
In accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003, we never send bulk unsolicited emails, (popularly known as Spam) to email addresses.
We may send emails to existing customers or prospective customers who have enquired or registered with us, regarding products or services directly provided by us.
All emails sent by us will be clearly marked as originating from us. All such emails will also include clear instructions on how to unsubscribe from our email service and any future emails. Such instructions will either include a link to a page to unsubscribe or a valid email address to which you should reply, with “unsubscribe” as the email subject heading.
Our website uses “cookies” to track use and allow customers to purchase from our website. Please note that these cookies do not contain or pass any personal, confidential or financial information or any other information that could be used to identify individual visitors or customers purchasing from our website. Please note that you are free to refuse cookies. However, for purely technical reasons this may prevent you from purchasing from our website. This is because anonymous cookies are commonly used to keep track of the contents of customers’ shopping baskets or trolleys during the checkout process. This facility ensures that the items added to (or removed from) your basket are accurately stated when you go to pay.
If you have any questions relating to our Privacy Policy, please email us at nick@atpmembers.com or use our contact form.
This policy was last updated on 5 April 2024
We recognize that your privacy is important. This privacy policy document outlines the types of personal information we receive and collect when you use atpmembers.com, as well as some of the steps we take to safeguard information. We hope this will help you make an informed decision about sharing personal information with us.
atpmembers.com strives to maintain the highest standards of decency, fairness and integrity in all our operations. Likewise, we are dedicated to protecting our customers’, consumers’ and online visitors’ privacy on our website.
ATP Members collects personally identifiable information from the visitors to our website only on a voluntary basis. Personal information collected on a voluntary basis may include name, postal address, email address, company name and telephone number.
This information is collected if you request information from us, participate in a contest or sweepstakes, and sign up to join our email list or request some other service or information from us. The information collected is internally reviewed, used to improve the content of our website, notify our visitors of updates, and respond to visitor inquiries.
Once information is reviewed, it is discarded or stored in our files. If we make material changes in the collection of personally identifiable information we will inform you by placing a notice on our site. Personal information received from any visitor will be used only for internal purposes and will not be sold or provided to third parties.
We may use cookies to help you personalize your online experience. Cookies are identifiers that are transferred to your computer’s hard drive through your Web browser to enable our systems to recognize your browser. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize the sites pages, or register with any of our site’s services, a cookie enables ATP Members to recall your specific information on subsequent visits.
You have the ability to accept or decline cookies by modifying your Web browser; however, if you choose to decline cookies, you may not be able to fully experience the interactive features of the site.
A web beacon is a transparent image file used to monitor your journey around a single website or collection of sites. They are also referred to as web bugs and are commonly used by sites that hire third-party services to monitor traffic. They may be used in association with cookies to understand how visitors interact with the pages and content on the pages of a web site.
We may serve third party advertisements that use cookies and web beacons in the course of ads being served on our web site to ascertain how many times you’ve seen an advertisement. No personally identifiable information you give us is provided to them for cookie or web beacon use, so they cannot personally identify you with that information on our web site.
Some third-party advertisements may be provided by Google, which uses cookies to serve ads on this site. Google uses the DART cookie, which enables it to serve ads to our users based on their visits to this site and other sites on the Web. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
Browsers can be set to accept or reject cookies or notify you when a cookie is being sent. Privacy software can be used to override web beacons. Taking either of these actions shouldn’t cause a problem with our site, should you so choose.
This website is directed to adults; it is not directed to children under the age of 13. We operate our site in compliance with the Children’s Online Privacy Protection Act, and will not knowingly collect or use personal information from anyone under 13 years of age.
In some cases, we may collect information about you that is not personally identifiable. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. The information collected is used solely for internal review and not shared with other organizations for commercial purposes.
If atpmembers.com is sold, the information we have obtained from you through your voluntary participation in our site may transfer to the new owner as a part of the sale in order that the service being provided to you may continue. In that event, you will receive notice through our website of that change in control and practices, and we will make reasonable efforts to ensure that the purchaser honours any opt-out requests you might make of us.
We provide this privacy policy as a statement to you of our commitment to protect your personal information. If you have submitted personal information through our website and would like that information deleted from our records or would like to update or correct that information, please use our Contact Us page.
ATP Members reserves the right to make changes in this policy. If there is a material change in our privacy practices, we will indicate on our site that our privacy practices have changed and provide a link to the new privacy policy. We encourage you to periodically review this policy so that you will know what information we collect and how we use it.
If you do not agree to ATP Members’ Privacy Policy as posted here on this website, please do not use this site or any services offered by this site. Your use of this site indicates acceptance of this privacy policy.
Our website address is: https://www.atpmembers.com.
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
When you complete and send information through one of our contact forms, will will assume that it is:
Your information is kept private on our own database and will not be sold, given away or used in any way other than to reply and continue discussions in a private manner.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Visitor comments may be checked through an automated spam detection service.
Nick StubbsFreefly Multimedia Ltd82 Rodwell AvenueWeymouthDorsetUK DT4 8SQ