Terms, conditions and policies
Terms and conditions of using our website, purchasing from us and your privacy at HELIGUY.com™.
See Colena Inc policies for the USA.
Terms & Conditions of Sale
These Terms will apply to any contract between us for when you order and/or purchase a ready-to-fly built machine from Heliguy (a Product). Please read these Terms carefully and make sure that you understand them, before purchasing a Product from our site. Please note that by ordering and/or purchasing a Product, you agree to be bound by these Terms and the other documents expressly referred to in it.
Any capitalized words that are not defined in the main body of these Terms are defined in clause 22.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time. Please check these Terms regularly to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 08 August 2017.
1 Information about us AND OUR SITE
1.1 We are Colena Inc (trading as Heliguy), 3200 Commander Dr #100, Dallas, Texas, United States, 75006 with Company Number 7564347 (Heliguy, we, us, our).
1.2 To contact us, please see our Contact Us page www.heliguy.com
1.3 Your use of our site is governed by our terms of website use. Please take the time to read these, as they include important terms which apply to you.
2 If you are a consumer
This clause only applies if you are a consumer (i.e. a person who is buying a Product for their own personal use and not for Commercial Operations).
2.1 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us.
2.2 As a consumer, you have legal rights in relation to a Product that is faulty or not as described. Nothing in these Terms will affect these legal rights.
3 If you are a business customer
This clause only applies if you are a business customer (e.g. a UAV operator business).
3.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to access a Product.
3.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us that is not set out in these Terms or any document expressly referred to in them.
4 How A contract is formed between you and us
4.1 You can order a Product online by checking out via our website or by contacting us and placing an Order. We will send you a quote for the Product.
4.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.3 After you submit an Order and agree to our quote, we will confirm our acceptance of the Order to you by sending you a confirmation e-mail (Confirmation) specifying:
- the type and quantity of Products ordered;
- the Specification; and
- an Order Number.
4.4 The Contract between us will only be formed when we send you the Confirmation.
4.5 These Terms apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4.6 Each party shall use the relevant Order Number in all subsequent correspondence relating to the Order.
4.7 The Customer may at any time prior to the date on which the Order is to be ready for collection or dispatch (Delivery Date) amend or cancel an Order by written notice to Heliguy. If the Customer amends or cancels an Order, its liability to Heliguy shall be limited to payment to Heliguy of all costs reasonably incurred by Heliguy in fulfilling the Order up until the date of deemed receipt of the amendment or cancellation, except that where the amendment or cancellation results from Heliguy's failure to comply with its obligations under these Terms the Customer shall have no liability to Heliguy in respect of it.
5 Supply AND USE of the products
5.1 Heliguy shall supply and the Customer shall purchase Product(s) in accordance with these Terms.
5.2 Unless otherwise agreed between the parties in writing Products are intended for a non-military use only.
5.3 Neither party shall export, directly or indirectly, any technical data acquired from the other party under these Terms (or any products, including software, incorporating any such data) in breach of any applicable laws or regulations, including United States, UK and EU export laws and regulations, to any country for which the government or any agency thereof at the time of export requires an export licence or other governmental approval without first obtaining such licence or approval. The Customer shall ensure that the Products will not be exported, sold, diverted, transferred or otherwise disposed of in violation of any import or export legislation, either in their original form or after being incorporated into other items.
6.1 Delivery of the Products shall take place at the Delivery Location. Acceptance of any change to the Delivery Location requested by you shall be at Heliguy’s sole discretion and you shall be liable for any additional expenses incurred by Heliguy as a result of such change. Heliguy shall arrange for suitable transport to the Delivery Location. Heliguy may effect delivery in one or more instalments.
6.2 Delivery or performance dates in relation to the supply of Products are approximate only and, unless otherwise expressly stated, time is not of the essence for delivery of the Products.
6.3 Delivery of an Order shall be completed on the completion of loading of the Order at the Delivery Location.
6.4 Delays in the delivery of an Order shall not entitle you to:
- refuse to take delivery of the Order; or
- claim damages; or
- terminate these Terms.
6.5 Heliguy shall have no liability for any failure or delay in delivering an Order to the extent that such failure or delay is caused by your failure to comply with its obligations under these Terms.
6.6 If you indicate that you wish to collect the Product from Heliguy’s premises and then fail to take delivery of an Order within three Business Days of Heliguy notifying you that the Order is ready for collection, then, except where such failure or delay is caused by Heliguy's failure to comply with its obligations under these Terms:
- delivery of the Order shall be deemed to have been completed at 9.00am on the third Business Day following the day on which Heliguy notified the Customer that the Order was ready for collection; and
- Heliguy shall store the Order until delivery takes place, and charge you for all related costs and expenses (including insurance).
7 Manufacture, quality and packing
7.1 Heliguy shall manufacture, pack and supply the Product with reasonable skill and care in accordance with generally accepted industry standards and practices.
7.2 We recommend you carry out a full flight checks and tests before flying a Product. Our web site forums include postings on procedures you may choose follow. If you believe the Product is faulty you must inform us immediately and before flying the Product.
7.3Refund and/or exchange cannot be claimed for any crash or burning caused by non-manufacturing defects, as well as any damage caused by unauthorised modification, entry of foreign body (water, oil, sand, etc.), improper installation or operation.
7.4 Any faults must be reported before the Product is flown. If you attempt to fly the Product then your Product will not be classed as faulty and as such no refunds or returns will be accepted.
7.5 Magnetic interference can affect the compass on an autopilot and cause failure particularly if it is placed near power transformers, high voltage cables or similar electrical devices. We expressly disclaim all warranties in relation to damage or failure due to magnetic interference. If you suspect failure due to magnetic interference may have occurred please contact us to establish this and resolve the issue.
7.6 Subject to clause 7.3, save for any defects which result from ordinary wear and tear or any handling (e.g. incorrect use, service or storage) of the Product by the Customer or third parties contrary to the Specifications or any other written recommendations regarding its use, Heliguy warrant that the Products supplied to the Customer by Heliguy under these Terms shall, for a period of 21 days after Delivery:
- materially conform to the Specification;
- be of satisfactory quality and materially fit for any purpose held out by Heliguy; and
- comply with all applicable statutory and regulatory requirements in the United States.
7.7 To claim the benefit of the warranty set out in this clause 7, you must inform us of the defect as soon as reasonably possible but in any event not later than 3 days after discovery. When notifying a defect, you should provide us with a documented example of the defect and allow us reasonable access to your premises, facilities and relevant personnel to resolve the relevant issues.
7.8 If you are a consumer, this warranty is in addition to your legal rights in relation to a Product that is faulty or not as described.
7.9 When requested Heliguy shall ensure that the Products are properly packed and secured in such manner as to enable them to reach their destination in good condition.
7.10 We recommend you employ a maintenance routine as taught on operator training courses such as BNUC-S and RPQ-S but we shall have no liability for any maintenance of the Product you conduct.
8 Acceptance and defective products
8.1 Subject to clause 7.4, the Customer may reject any Products delivered to it that do not materially comply with the Specification, provided that notice of rejection is given to Heliguy:
- in the case of a defect that is apparent on normal visual inspection, within five Business Days of Delivery; and
- in the case of a latent defect, within a reasonable time of the latent defect having become apparent but no later than 10 Business Days.
8.2 If the Customer fails to give notice of rejection in accordance with clause 8.1, it shall be deemed to have accepted such Products.
8.3 If the Customer rejects Products under clause 8.1 then the Customer shall be entitled to:
- require Heliguy to repair or replace the rejected Products; or
- require Heliguy to repay the price of the rejected Products in full.
8.4 Once Heliguy has complied with the Customer's request, it shall have no further liability to the Customer in respect of the rejected Products' failure to comply with this clause or the Specification.
9 Lithium Polymer batteries (LiPo, Li-Poly)
9.1 You agree to use any Lithium Polymer batteries supplier in accordance with the manufacturer’s instruction. You must regularly check any Lithium Polymer batteries and store them in conditions consistent with the manufacturer’s instructions. We recommend that Lithium Polymer batteries are replaced after 250 cycles and they must be disposes of in accordance with WEEE regulations.
9.2 Fire can be caused by overcharging Lithium Polymer batteries (including the uses of the wrong charger or charger setting, unbalanced battery load, charger fouled by poor power supply), charging a damaged cell or pack and short circuit (including crash damage).
9.3 Cells or packs can be damaged by over discharging (including running too flat and/or too hot, discharging an unbalanced battery load), short circuit and crash damage.
9.4 Many airlines do not permit carriage of Lithium Polymer batteries. You must check airline policies and rules before attempting to fly with Lithium Polymer batteries on commercial airline flights.
9.5 Misuse, abuse incorrect charging and discharging and all other inappropriate use of Lithium Polymer batteries is not covered under the warranty set out in clause 7.
10 Title and risk
10.1 Risk in Products shall pass to the Customer on Delivery.
10.2 Title to Products shall not pass to the Customer until Heliguy has received payment in full (in cash or cleared funds) for:
- such Products; and
- all other sums which are or which become due to Heliguy from the Customer for sales of Products or on any account.
10.3 Until title to Products has passed to the Customer, the Customer shall:
- hold such Products on a fiduciary basis as Heliguy's bailee;
- store such Products separately from all other goods held by the Customer so that they remain readily identifiable as Heliguy's property;
- not remove, deface or obscure any identifying mark or packaging on or relating to such Products; and
- maintain such Products in satisfactory condition and keep them insured on Heliguy's behalf for their full price against all risks with an insurer that is reasonably acceptable to Heliguy. The Customer shall obtain an endorsement of Heliguy's interest in the Products on its insurance policy, subject to the insurer being willing to make the endorsement. On request the Customer shall allow Heliguy to inspect such Products and the insurance policy, but the Customer may resell or use Products in the ordinary course of its business.
10.4 If before title to Products passes to the Customer the Customer becomes subject to any of the insolvency events in clause 18.1c) then, provided that such Products have not been resold and without limiting any other right or remedy Heliguy may have, Heliguy may at any time require the Customer to deliver up such Products and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the relevant Products are stored in order to recover them.
11 Product prices
11.1 The Product Prices are exclusive of amounts in respect of VAT. The Customer shall, on receipt of a valid VAT invoice from Heliguy, pay to Heliguy such additional amounts in respect of VAT as are chargeable on a supply of Products.
11.2 The Product Prices are exclusive of the costs of packaging, insurance and carriage of the Products, which shall be paid by the Customer.
11.3 Heliguy may review and increase the Product Prices from time to time. Heliguy shall give the Customer written notice of any such increase as soon as practicable before the proposed date of that increase.
12 Terms of payment
12.1 If Heliguy requires the Customer to pay a deposit upon placing an Order this shall be specified by Heliguy (Deposit). Commencement of manufacture of the Product is dependent on the cleared receipt of the Deposit by Heliguy. The Customer shall pay the remaining amount in full and in cleared funds 14 days of receipt of an invoice. Payment shall be made to the bank account nominated in writing by Heliguy using the payment methods shown on our website.
12.2 If a party fails to make any payment due to the other under these Terms by the due date for payment (due date), then, without limiting the other party's remedies under these Terms, the defaulting party shall pay interest under the Late Payment of Commercial Debts (Interest) Act 1998 and the Customer shall pay the interest immediately on demand. The defaulting party shall pay the interest together with the overdue amount. This clause shall not apply to payments that the defaulting party disputes in good faith.
12.3 If the Customer disputes any invoice or other statement of monies due, the Customer shall immediately notify Heliguy in writing. The parties shall in the first instance negotiate in good faith to attempt to resolve the dispute promptly. Heliguy shall provide all such evidence as may be reasonably necessary to verify the disputed invoice or request for payment.
12.4 Each party may, without limiting any other rights or remedies it may have, set off any amounts owed to it by the other party against any amounts payable by it to the other party.
12.5 All payments payable to Heliguy or the Customer under these Terms shall become due immediately on its termination. This clause 12 is without prejudice to any right to claim for interest under the law or under these Terms.
13 Your cancellation and refund rights if you are a consumer
This clause only applies if you are a consumer. (i.e. a person who is buying a Product for their own personal use and not for Commercial Operations)
13.1 If you are a consumer, you have a legal right to cancel a Contract under consumer protection law during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product , you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
13.2 Your legal right to cancel a Contract;
- before 12 June 2014: you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive a Product; and
- after 12 June 2014: you have a period of 14 (fourteen) working days in which you may cancel. The cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of the consumer, or a person, other than the carrier, identified by the consumer to take possession of them.
- Working days means that Saturdays, Sundays or public holidays are not included in this period.
13.3 To cancel a Contract, you must contact us in writing by sending an e-mail to [email protected] or by sending a letter to Colena Inc (trading as Heliguy), 3200 Commander Dr #100, Dallas, Texas, United States, 75006. You may wish to keep a copy of your cancellation notification for your own records.
13.4 You will receive a full refund of the price you paid for a Product. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.
13.5 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Confirmation.
13.6 As a consumer, you will always have legal rights in relation to a Product that are faulty or not as described. These legal rights are not affected by the returns policy in this section or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
13.7 For any training based products, where you'll physically attend a course, your right to a refund is waived at 12:00 midnight the day before the training commences. This is due to the fixed costs involved in supplying a training course.
14 CONFIDENTIALITY and ip
14.1 Each party undertakes that it shall not at any time during these Terms and for a period of two years after termination disclose to any person any confidential information disclosed to it by the other party concerning the business or affairs of the other party, including but not limited to information relating to a party's operations, processes, plans, product information, know-how, designs, trade secrets, software, market opportunities and customers (Confidential Information), except as permitted by clause 14.2.
14.2 Each party may disclose the other party’s Confidential Information:
- to its employees, officers, agents, consultants or sub-contractors (Representatives) who need to know such information for the purposes of carrying out the party’s obligations under these Terms, provided that the disclosing party takes all reasonable steps to ensure that its Representatives comply with the confidentiality obligations contained in this clause 14 as though they were a party to these Terms. The disclosing party shall be responsible for its Representatives’ compliance with the confidentiality obligations set out in this clause; and
- as may be required by law, court order or any governmental or regulatory authority.
14.3 Each party reserves all rights in its Confidential Information. No rights or obligations in respect of a party’s Confidential Information other than those expressly stated in these Terms are granted to the other party or to be implied from these Terms. In particular, save as set out in clause 14.4 below, no licence is hereby granted directly or indirectly under any patent, invention, discovery, copyright or other Intellectual Property right held, made, obtained or licensable by either party now or in the future.
14.4 All Documents are the Intellectual Property of Heliguy and are protected by copyright. Words indicating such proprietary rights may not be altered, covered or eliminated by the Customer. Heliguy grants to the Customer a non-exclusive limited licence to use the Documents for the purpose of operating the Product. Documents shall not be made available to any third party without Heliguy’s prior written consent.
15 Our liability if you are a business
This clause only applies if you are a business customer (e.g. a UAV operator business).
15.1 We only supply a Product for internal use by your business, and you agree not to use a Product for any re-sale purposes.
15.2 Nothing in these Terms limit or exclude our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation.
15.3 Subject to the above, we will under no circumstances whatever 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, future sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill;
- any damage caused by the use of the Product for any purpose other than the purpose originally intended for the Product;
- any indirect or consequential loss; and
- any modification to the Product made by the Customer, including but not limited to changes to default settings on autopilot, autopilot software and firmware (including upgrades), radio, ESC, prop changes, battery changes, weight changes that may affect flight or for damage caused by magnetic interference.
15.4 Subject to the events listed above in this section, our total liability to you in respect of all 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 100% the price you have paid for the Product to which the claim relates.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to a Product. 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 a Product is suitable for your purposes.
16 Our liability if you are a consumer
This clause only applies if you are a consumer (i.e. a person who is buying a Product for their own personal use and not for Commercial Operations)
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable (including but not limited to any modification to the Product made by the Customer, including but not limited to changes to default settings on autopilot, autopilot software and firmware (including upgrades), radio, ESC, prop changes, battery changes, weight changes that may affect flight and magnetic interference). Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.2 We only supply a Product for domestic and private use. You agree not to use a Product for any commercial, business, Commercial Operations or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective Learning Tool under the Consumer Protection Act 1987.
17 Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, magnetic interference or failure of public or private telecommunications networks.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of a Product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.1 Without prejudice to any other rights or remedies available hereunder either party may terminate this Contract forthwith by giving notice in writing to the other upon the happening of any one or more of the following events, namely:
- if the other commits any material breach of any of its obligations under the Contract which (if capable of remedy) it fails to remedy within three days of a notice in writing given by the aggrieved party to the party in default specifying the breach and requiring such breach to be remedied;
- if the other is deemed to be unable to pay his or its debts within the meaning of applicable insolvency regulations or calls a meeting or presents or has granted a petition to wind-up (save for a solvent reconstruction) or to appoint an administrator or has an administrative receiver, receiver and manager, or receiver appointed over any part of its or his business, undertaking, property or assets, or presents or has granted a petition for bankruptcy;
- if a secured lender to the other party takes any steps to obtain possession of the property on which it has security or otherwise to enforce a security;
- if the other suffers or undergoes any procedure analogous to any of those listed above or any other procedure available in the territory in which the other is constituted or established or domiciled to an insolvent debtor or to the creditors of such a debtor.
18.2 Without prejudice to any rights and remedies available to it, we shall be entitled, forthwith on written notice to you, to either suspend the User’s access to a Product or terminate the Licence (and any other licence with you) if any sum owing to us from you on any account whatsoever shall have been left unpaid after the due date for payment.
19 Consequences of Termination
19.1 Upon termination of this Contract for any reason whatsoever:
- the Contract of the parties in relation to confidentiality under this Contract shall continue in full force and effect;
- termination of the Contract shall be without prejudice to any rights of either party against the other which may have accrued up to the date of such termination; and
- upon termination of the Contract for any reason whatsoever, all monies due to us shall become immediately due and payable.
20 Communications between us
20.1 When we refer, in these Terms, to "in writing", this will include e-mail.
20.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Colena Inc (trading as Heliguy), 3200 Commander Dr #100, Dallas, Texas, United States, 75006 or to [email protected]. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under these Terms, please follow the directions for informing us above.
20.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
20.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
21 Other important terms
21.1 Both parties shall comply with their obligations at law including but not limited to the UK Bribery Act 2010.
21.2 We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations under these Terms. We will notify you in writing or by posting on this webpage if this happens.
21.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
21.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
21.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.7 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for to a Product and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
21.8 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
22.1 The definitions and rules of interpretation in this clause apply in these Terms.
Air Navigation Order: means The Air Navigation Order 2016 No. 765 (SI).
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Commercial Operations: has the meaning set out in article 7 of the Air Navigation Order meaning any operation of an aircraft (other than for public transport) which is available to the public or which, when not made available to the public, is performed under a contract between an operator and a customer, where the latter has no control over the operator in return for remuneration or other valuable consideration.
Delivery: completion of delivery of an Order in accordance with clause 6.
Delivery Date: the date specified for delivery of an Order in accordance with clause 6.
Delivery Location: the Customer's premises or such other location as the Customer specifies on the Order and which has been accepted by Heliguy in the Confirmation.
Deliverables: all Documents, products and materials developed by Heliguy or its agents, sub-contractors, consultants and employees in relation to the Services in any form, including computer programs, data, reports and specifications (including drafts).
Documents: includes, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information relating to the Products in any form.
Intellectual Property: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
month: a calendar month.
Order: an order for Products submitted by the Customer in accordance with clause 4 (which may include a purchase order).
Order Number: the reference number to be applied to an Order by Heliguy in accordance with clause 4.3c).
Product Price: the price of the Products as determined in accordance with the Confirmation.
Products: the products set out in the Confirmation and, where the context requires, the Products ordered by and supplied to the Customer.
Specification: the specification of the Products set out in the Confirmation.
VAT: value added tax chargeable under English law for the time being and any similar additional tax.
year: a calendar year.
22.2 Clause, schedule and paragraph headings shall not affect the interpretation of these Terms.
22.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
22.4 The schedules form part of these Terms and shall have effect as if set out in full in the body of these Terms. Any reference to these Terms includes the schedules.
22.5 Words in the singular shall include the plural and vice versa.
22.6 A reference to writing or written includes faxes but not e-mail.
22.7Where the words include(s), including or in particular are used in these Terms, they are deemed to have the words without limitation following them. Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
22.8Any obligation in these Terms on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
22.9References to clauses and schedules are to the clauses and schedules of these Terms.
Terms of Website Use
1. Terms Outline
1.1 These terms and conditions govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.
2. Copyright notice
2.1 Copyright (c) 2014 heliguy.com.
2.2 Subject to the express provisions of these terms and conditions:
( a ) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
( b ) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
3.1 You may:
( a ) view pages from our website in a web browser;
( b ) download pages from our website for caching in a web browser;
( c ) print pages from our website;
( d ) stream audio and video files from our website; and
( e ) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
( a ) republish material from our website (including republication on another website);
( b ) sell, rent or sub-license material from our website;
( c ) show any material from our website in public;
( d ) exploit material from our website for a commercial purpose; or
( e ) redistribute material from our website.
3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
( a ) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
( b )use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
( c ) 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;
( d ) 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;
( e ) access or otherwise interact with our website using any robot, spider or other automated means;
( f ) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
5.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.3 Prices stated on our website may be stated incorrectly.
5.4 The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.
5.5 Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.
6. Registration and accounts
6.1 To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age.
6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person's account to access the website, unless you have that person's express permission to do so.
7. User IDs and passwords
7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
( a ) suspend your account;
( b ) cancel your account; and/or
( c ) edit your account details, at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website using your account control panel on the website.
9. Your content: licence
9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
( a ) be libellous or maliciously false;
( b ) be obscene or indecent;
( c ) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
( d ) infringe any right of confidence, right of privacy or right under data protection legislation;
( e ) constitute negligent advice or contain any negligent statement;
( f ) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
( g ) be in contempt of any court, or in breach of any court order;
( h ) be in breach of racial or religious hatred or discrimination legislation;
( i ) be blasphemous;
( j ) be in breach of official secrets legislation;
( k ) be in breach of any contractual obligation owed to any person;
( l ) depict violence;
( m ) be pornographic, lewd, suggestive or sexually explicit;
( n ) be untrue, false, inaccurate or misleading;
( o ) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
( p ) constitute spam;
( q ) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
( r ) cause annoyance, inconvenience or needless anxiety to any person.
11. Report abuse
11.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
11.2 You can let us know by email or by using our abuse reporting form.
12. Limited warranties
12.1 We do not warrant or represent:
( a ) the completeness or accuracy of the information published on our website;
( b ) that the material on the website is up to date; or
( c ) that the website or any service on the website will remain available.
12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
12.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
13. Limitations and exclusions of liability
13.1 Nothing in these terms and conditions will:
( a ) limit or exclude any liability for death or personal injury resulting from negligence;
( b ) limit or exclude any liability for fraud or fraudulent misrepresentation;
( c ) limit any liabilities in any way that is not permitted under applicable law; or
( d ) exclude any liabilities that may not be excluded under applicable law.
13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
( a ) are subject to Section 13.1; and
( b ) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
13.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
13.5 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.
13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
13. 7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
14. Breaches of these terms and conditions
14.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
( a ) send you one or more formal warnings;
( b ) temporarily suspend your access to our website;
( c ) permanently prohibit you from accessing our website;
( d ) block computers using your IP address from accessing our website;
( e ) contact any or all your internet service providers and request that they block your access to our website;
( f ) commence legal action against you, whether for breach of contract or otherwise; and/or
( g ) suspend or delete your account on our website.
14.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
15. Third party websites
15.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
15.2 We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
16.1 We may revise these terms and conditions from time to time.
16.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Third party rights
19.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
20. Entire agreement
20.1 Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
21. Law and jurisdiction
21.1 These terms and conditions shall be governed by and construed in accordance with English law.
21.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
22. Our details
22.1 This website is owned and operated by Colena Inc.
22.2 We are registered in Texas, USA under registration number 7564347, and our registered office is at 3200 Commander Dr. #100, Dallas, Texas, 75006.
22.3 Our principal place of business is at 3200 Commander Dr. #100, Dallas, Texas, 75006.
22.4 You can contact us by writing to the business address given above, by using our website contact form, by email to [email protected] or by telephone on 862 298 5964.
We do update this Policy from time to time so please do review this Policy regularly.
Information We Collect
In running and maintaining our website we may collect and process the following data about you:
- Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
- Information provided voluntarily by you. For example, when you register for information or make a purchase.
- Information that you provide when you communicate with us by any means.
- Basic Information on transactions like transaction id, payment deducted, payment details, payer id etc... but NO information about your credit card.
We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer's hard drive. Such information will not identify you personally. It is statistical data. This statistical data does not identify any personal details whatsoever.
You can adjust the settings on your computer to decline any cookies if you wish. This can easily be done by activating the reject cookies setting on your computer.
Use of Your Information
We use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:
- To provide information to you that you request from us relating to our products or services.
- To provide information to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
- To inform you of any changes to our website, services or goods and products.
If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.
Where your consent has been provided in advance we may allow selected third parties to use your data to enable them to provide you with information regarding unrelated goods and services which we believe may interest you. Where such consent has been provided it can be withdrawn by you at any time.
Storing Your Personal Data
In operating our website it may become necessary to transfer data that we collect from you to locations outside of the European Union for processing and storing. By providing your personal data to us, you agree to this transfer, storing or processing. We do our upmost to ensure that all reasonable steps are taken to make sure that your data is treated stored securely.
Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, Sending such information is entirely at your own risk.
Disclosing Your Information
- In the event that we sell any or all of our business to the buyer.
- Where we are legally required by law to disclose your personal information.
- To further fraud protection and reduce the risk of fraud.
Third Party Links
Access to Information
In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee of £10 to cover costs incurred by us in providing you with the information.
USA: 862 298 5964
Heliguy does not store or transmit credit card details.
Payments are processed by PayPal on PayPal servers.
www.heliguy.com is scanned for PCI compliance weekly
What Are Cookies
For more general information on cookies, please read "What Are Cookies".
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.
The Cookies We Set
Account related cookies
Login related cookies
Email newsletters related cookies
This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
Orders processing related cookies
This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
Surveys related cookies
Forms related cookies
When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.
Site preferences cookies
In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.
Third Party Cookies
This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
For more information on Google Analytics cookies, see the official Google Analytics page.
Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.
From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.
As we sell products it's important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.
Several partners advertise on our behalf and affiliate tracking cookies simply allow us to see if our customers have come to the site through one of our partner sites so that we can credit them appropriately and where applicable allow our affiliate partners to provide any bonus that they may provide you for making a purchase.
Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.
However if you are still looking for more information then you can contact us through one of our preferred contact methods:
Anti-slavery and human trafficking policy
This policy applies to all persons working for us or on our behalf in any capacity, including employees at all levels, directors, officers, agency workers, seconded workers, volunteers, agents, contractors and suppliers.
Colena Inc strictly prohibits the use of modern slavery and human trafficking in our operations and supply chain. We have and will continue to be committed to implementing systems and controls aimed at ensuring that modern slavery is not taking place anywhere within our organisation or in any of our supply chains. We expect that our suppliers will hold their own suppliers to the same high standards.
Modern Slavery and Human Trafficking
Modern slavery is a term used to encompass slavery, servitude, forced and compulsory labour, bonded and child labour and human trafficking. Human trafficking is where a person arranges or facilitates the travel of another person with a view to that person being exploited. Modern slavery is a crime and a violation of fundamental human rights.
We shall be a company that expects everyone working with us or on our behalf to support and uphold the following measures to safeguard against modern slavery:
- We have a zero-tolerance approach to modern slavery in our organisation and our supply chains.
- The prevention, detection and reporting of modern slavery in any part of our organisation or supply chain is the responsibility of all those working for us or on our behalf. Workers must not engage in, facilitate or fail to report any activity that might lead to, or suggest, a breach of this policy.
- We are committed to engaging with our stakeholders and suppliers to address the risk of modern slavery in our operations and supply chain.
- We take a risk based approach to our contracting processes and keep them under review. We assess whether the circumstances warrant the inclusion of specific prohibitions against the use of modern slavery and trafficked labour in our contracts with third parties. Using our risked based approach we will also assess the merits of writing to suppliers requiring them to comply with our Code of Conduct, which sets out the minimum standards required to combat modern slavery and trafficking.
- Consistent with our risk based approach we may require:
1. Employment and recruitment agencies and other third parties supplying workers to our organisation to confirm their compliance with our Code of Conduct
2. Suppliers engaging workers through a third party to obtain that third parties’ agreement to adhere to the Code
- As part of our ongoing risk assessment and due diligence processes we will consider whether circumstances warrant us carrying out audits of suppliers for their compliance with our Code of Conduct.
- If we find that other individuals or organisations working on our behalf have breached this policy we will ensure that we take appropriate action. This may range from considering the possibility of breaches being remediated and whether that might represent the best outcome for those individuals impacted by the breach to terminating such relationships.