Terms and Conditions
Version 5, 5th August 2019By using and logging into eNigel you are agreeing to abide by these terms and conditions.
Your statutory rights are not affected by agreeing to these terms.
1 Definitions
1.1 'eNigel' (Service) refers to the website, services and applications offered via the eNigel server.
1.2 'AK Web Solutions Ltd.' (Owner and Operator) is the company that owns and operates eNigel and can refer to its directors or employees.
1.2.1 AK Web Solutions Ltd. is a company registered in England number 08242692. Registered office The Hermitage, Edale, Derbyshire, S33 7ZA.
1.3 'User' is a person registered and subscribed to use eNigel who must be a pilot employed by British Airways PLC.
1.4 'eNigel server','www.enigel.co.uk' is the web and data server used to host eNigel and provide data services to its users.
2 Law
2.1 English Law will apply to these terms and conditions.
2.2 Any disputes arising from these terms and conditions will be heard in the United Kingdom.
3 Rights of Owner and Operator
3.1 eNigel and its associated services are designed and maintained by AK Web Solutions Ltd.
3.2 All eNigel services, software and content are subject to copyright © 2012 AK Web Solutions Ltd..
3.3 The Intellectual Property (IP) rights of eNigel are deemed to be the sole property of AK Web Solutions Ltd..
3.4 No part of the eNigel software may be duplicated, modified or distributed without the written permission of AK Web Solutions Ltd..
3.5 AK Web Solutions Ltd. reserves the right at any time to change, update or withdraw any of the software or services offered through eNigel for any period of time.
3.6 AK Web Solutions Ltd. reserves the right to refuse access to eNigel to any person, computer (e.g a specific IP address) or network of computers (e.g a range of IP addresses) without reason or notification.
4 Data Protection
4.1 All data stored by eNigel using the eNigel server is solely for the purpose of providing the services offered by eNigel.
4.1.1 Any exceptions to 4.1 will be clearly annotated with a reason as to why the data is required.
4.2 Data transferred to and from the eNigel server will be transmitted by the most secure means practicable. When available, data will be sent using an encrypted connection.
4.3 Data stored on the eNigel server will be kept secure and, when appropriate (e.g passwords), encrypted.
4.4 Under the Data Protection Act and the General Data Protection Regulation (GDPR) (from 25th May 2018), all users have the right to view and/or request deletion of all data held by eNigel that relates to them and their account.
4.4.1 Requests for viewing data held by eNigel (Subject Access) will be complied with within 30 days of the request.
4.4.2 Requests for deleting data held by eNigel or stopping data being processed will be complied with as soon as possible and will result in the closure of the user's account.
4.4.3 Users have the right to opt in or out of promotional emails or newsletters at any time via their account settings.
4.5 AK Web Solutions reserves the right to view any data downloaded or generated by a user for the purposes of providing support and maintaining and developing the services provided at eNigel.
4.6 AK Web Solutions will not make any data available to other eNigel users or any third party except in the following circumstances:
4.6.1 Where data has been requested to be released under English law (e.g a court order or warrant)
4.6.2 Where a user has specifically allowed their data to be passed on to another eNigel user or users (e.g an eNigel service that shares data between eNigel users)
4.6.3 Where a written request has been made by British Airways PLC where there are valid and evidenced concerns that a user has used eNigel services to breach their contractural obligations to British Airways PLC (e.g failing to follow employment guides or company notices).
4.7 Further to 4.6, user data will not be passed on or sold to any third party for marketing purposes.
4.8 Users contact details will be used solely by AK Web Solutions Ltd. for the purposes of contacting the user in relation to their account and the use of services at eNigel. The only exceptions to this are in the same instances in 4.6.1 and 4.6.2.
4.9 In using eNigel a user is allowing eNigel and the eNigel server to access third party resources on their behalf. This includes but is not limited to Fleetlist (www.fleetlist.com), PilotLog (www.pilotlog.co.uk) and British Airways PLC ESS (my.baplc.com).
4.10 Data retrieved from third party sources that requires a login (e.g eMaestro) will use the user's own login credentials and as such the user is entrusting eNigel with these details and allowing eNigel to act as a proxy between them and the third party.
4.10.1 The login credentials for Fleetlist (www.fleetlist.com) and PilotLog (www.pilotlog.co.uk) are stored on the eNigel server in an encrypted format.
4.10.2 The login credentials for British Airways PLC's systems (ie your BSAFE password) are not stored on the eNigel server. Your staff number is stored on the eNigel server in an encrypted format.
4.11 It is the user's responsibility to ensure that data collated by eNigel is kept secure from any third party including British Airways PLC employees and other eNigel users. This responsibility includes:
4.11.1 Data downloaded, saved or printed from eNigel.
4.11.2 Not sharing or passing on of a user's eNigel login credentials.
4.11.3 Ensuring any hardware, software, network and internet connection that they use to access eNigel is reliable and trustworthy and is free from malicious software (e.g computer viruses).
4.12 It is recommended that any data retrieved from eNigel is stored securely on any personal devices (e.g an iPad) using either encryption or a password/PIN lock.
4.13 It is the user's responsibility to take all reasonable steps to delete or destroy data that they have downloaded, saved or printed from eNigel when it is no longer required. This includes but is not limited to:
4.13.1 Secure disposal of data printed from eNigel (e.g shredding or secure waste bins)
4.13.2 Logging out and clearing of history, cookies and cache in the case of using a public or multi-user computers (e.g internet cafe)
4.14 Users are responsible for their login details (ie staff number and password) and should not divulge them to any third party nor store them in any insecure format.
4.15 AK Web Solutions Ltd. will never make a request in any form of communication for a user's password, British Airways PLC ESS password (BSAFE password), Fleetlist password or PilotLog password.
4.16 In the event of any attempt by a third party, suspicious communication or website to obtain these details puporting to be from eNigel then the user must contact AK Web Solutions Ltd. as soon as possible.
4.17 The data downloaded by eNigel is subject to the Data Protection Act 1998 (DPA), the General Data Protection Regulation (GDPR) (from 25th May 2018) and also British Airways PLC employment policy EG801. Responsibility for compliance with both the DPA and EG801 is as follows:
4.17.1 Transmission, storage and processing of data between the eNigel server and British Airways PLC and other third parties is the responsiblity of AK Web Solutions Ltd.
4.17.2 Storage and processing of data on the eNigel server is the responsiblity of AK Web Solutions Ltd.
4.17.3 Transmission of data between eNigel and an eNigel user is the responsiblity of AK Web Solutions Ltd. and the user (see also 4.11.3).
4.17.4 Storage and processing of data once it has been received by an eNigel user is the responsibility of the user. The user should take all reasonable steps to ensure protection of the data as detailed in 4.11, 4.12, 4.13 and 4.14.
4.18 AK Web Solutions Ltd. is registered with the Information Commissioner’s Office (ICO) in the United Kingdom registration number ZA007128.
5 Data backup
5.1 AK Web Solutions Ltd. will take all reasonable steps to ensure that the data stored on the eNigel server is kept secure and backed up.
5.1.1 Data from eNigel may be stored on third party facilities chosen by AK Web Solutions Ltd solely for the purposes of providing a back up. The details of backed up data wil never be disclosed to any such third party.
5.2 AK Web Solutions Ltd. can accept no responsibility for the loss or corruption of data stored on the eNigel server due to any reason.
5.2.1 It is recommended that users make their own arrangements to backup data held on eNigel (e.g logbook data)
5.2.2 The eNigel service is intended for collecting data and is not intended to provide a data storage/backup facility.
6 Availablity of service
6.1 AK Web Solutions Ltd. will take all reasonable steps to ensure that the services offered by eNigel are available at all times.
6.1.1 AK Web Solutions Ltd. will aim for a minimum of 95% uptime and availability.
6.2 From time to time some or all services maybe withdrawn or temporarily unavailable. Reasons include, but are not limited to:
6.2.1 Changes to British Airways PLC's software (e.g eMaestro, Crewlink) or access policies that require changes to be made to the eNigel applications .
6.2.2 Changes to a third party's software (e.g Fleetlist, PilotLog) or access policies that require changes to be made to the eNigel applications.
6.2.3 Updates, improvements and "bug" fixes to eNigel applications.
6.3 In the case of eNigel or any of its applications being made unavailable for a period of greater than 30 days then provision will be made for a pro rated refund for paid subscriptions depending on the extent of the outage.
7 Subscriptions
7.1 eNigel is a subscription based service.
7.2 AK Web Solutions Ltd. reserves the right to set, change or cancel the subscription fee or period without reason or notification.
7.3 AK Web Solutions Ltd. from time to time may offer a reduced fee or increased period as part of a promotion. This does not affect the subscriptions of existing subscribers. Each promotion will have separate terms and conditions in addition to these terms and conditions listed here within.
7.4 The normal subscription period is 365 calendar days unless changed under 7.2 or 7.3.
7.5 The normal subscription fee is £ 16 per 365 days unless changed under 7.2 or 7.3.
7.6 Payment of the subscription fee will be made by PayPal (www.paypal.com). Any other payment methods are at the discretion of AK Web Solutions Ltd.
7.7 In the event of a cancelled, fraudulent or voided payment then the associated user's subscription will be suspended with immediate effect without prior notification.
7.8 Users may cancel their subscription within 30 days of payment for a full refund to the value of the cancelled subscription.
7.9 Any refund requests after 30 days since payment are at the discretion of AK Web Solutions Ltd.
7.10 All users are offered a free trial subscription of 30 days. This period may be changed in accordance with 7.2 or 7.3.
7.11 Any refunds as detailed in 7.8 will be processed within 60 days of the request.
8 Refer a friend scheme
8.1 Users may refer a friend to eNigel using the refer a friend scheme whereby the referring user can receive a free subscription period in the event of the referred user taking out a paid subscription.
8.2 The free subscription period will only be applied to the user's account once 30 days has passed after the referred user has paid for a subscription.
8.3 In the event of a referred user having his subscription cancelled, either at their request or by AK Web Solutions Ltd. then the free subscription period will also be cancelled.
8.4 There is no limit to the number of free subscription periods a user may earn from referring other users.
8.5 Any user found sending unsolicited communications (ie "spamming") or posting or publishing unauthorised advertising material relating to eNigel will lose any free subscription periods earned and lose the future right to use the refer a friend scheme.
9 Limitation of liability
9.1 All data stored on the eNigel server is determined to be of no commercial or financial value.
9.2 Under no circumstances will AK Web Solutions Ltd. be liable for any consequential, indirect, incidental, special or punitive damages, arising from loss or corruption of data.
9.3 AK Web Solutions Ltd. will not be held responsible for any losses that may occur where a user account is accessed by third parties through illegal or otherwise unauthorised means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to AK Web Solutions Ltd. at the time) which may exist in the eNigel server and services.
9.4 AK Web Solutions Ltd. will not be liable for any loss or damages that result (or are alleged to have resulted) from the use of or inability to use eNigel, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance.
9.5 eNigel provides some services that reproduce important data related to flying duties (e.g report times) and will not be liable for any loss or damages resulting from the use of such data in the case of it being incorrect due to error in transmission or conversion.
9.5.1 Your British Airways PLC "Final Roster" and eMaestro roster must always be used as your primary reference for report, flight and duty times.
9.5.2 Flight data (e.g weather, operational defect etc.) downloaded via eNigel must not be used as the primary source of information for the purposes of flight planning and decision making.
10 Force majeure
10.1 AK Web Solutions Ltd. cannot be held responsible for any loss of data or service due to circumstances outside of their control. This includes, but is not limited to:
10.1.1 Fire, flood, earthquake, extreme weather or other acts of god.
10.1.2 Act or omission of government, war, hostilities, civil disruption or riots.
10.1.3 Accident or breakdown of equipment or services including that owned or supported by a third party.
11 British Airways PLC
11.1 AK Web Solutions Ltd. is registered with British Airways PLC as a third party application developer under the scheme detailed by FAN 49/13 and eNigel is in compliance with EG801, the Data Protection Act and the General Data Protection Regulation (GDPR) (from 25th May 2018).
11.2 British Airways PLC does not endorse or support any third party applications and will not accept any support requests relating to them. Any queries relating to eNigel services must be directed to AK Web Solutions Ltd.
11.3 Users should be aware of the guidelines detailed in FAN 49/13 relating to users of third party applications. In particular:
11.3.1 "Individuals are not to: Leave their user accounts logged in at an unsecured computer."
11.3.2 "Individuals are not to: Leave their password unprotected."
11.4 AK Web Solutions Ltd. will endeavour to ensure that all present and future services provided by eNigel comply with FAN 49/13 and EG801 but cannot be held responsible for any inadvertent or unintentional breaches of the guidelines.
11.5 Data provided to a user by eNigel from British Airways PLC is solely data that they can access using their British Airways PLC login credentials. Data is not shared or accessed from any other users.
11.6 Data provided by eNigel is to be treated with the same level of care and security as that downloaded directly from British Airways PLC.
11.7 In cases where British Airways PLC requires data to be restricted (e.g during time of industrial dispute) then AK Web Solutions Ltd. will take all necessary steps to ensure that this is maintained through all eNigel services.
11.7.1 In instances where data is restricted under 11.7 then some or all of the eNigel applications or functions thereof maybe unavailable.
11.7.2 In the case of industrial dispute causing the restriction of data availability then refunds will not be processed under item 6.3.
11.7.3 In using eNigel when such restrictions are in force, users must make their own assessment that AK Web Solutions Ltd. has taken appropriate steps to ensure compliance with any notice or restriction issued by British Airways PLC.
11.7.4 Users are responsible for the security of their data (e.g roster information) and should ensure that their data is not shared with other parties (e.g sharing a calendar).
12 Changes to terms and conditions
12.1 These terms and conditions will be available to view on the eNigel website at www.enigel.co.uk/terms.php.
12.2 Should there be any changes to the published terms and conditions then users will be notified by email informing them of the changes.
Privacy Notice
Click here for eNigel's privacy notice.
Cookie Policy
Click here for eNigel's cookie policy.
eNigel and British Airways
Click here for information on how eNigel interacts with British Airways' sytems.
eNigel and Fleetlist
Click here for information on how eNigel interacts with Fleetlist.
