AGREEMENT BETWEEN YOU AND AVIAC Definitions: • Services: All courses and consultancy services stated on our website • Products: aviac-online, online @ptitude tests, aviac ATPL and any other tests provided. • Client: Registered aviac members, non-members using Aviac, delegates, trainees, or anyone who uses aviac.com Agreement between client and aviac aviac.com provides various goods and services in the form of courses, online tests and other consulting services and simulator assessment and guidance. The aviac.com services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Aviac Web Site and its services on line and offline constitutes your agreement to all such terms, conditions, and notices. Additionally, the aviac.com affiliates or training partners may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, Aviation News, Airline addresses or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Aviac Service or Web page material, then these terms shall control. • This website and its products and services are wholly owned by aviac.com • Your contract for purchases made through this website is made with aviac.com Privacy and Protection of Personal Information: Aviac shall not provide your personal information to any party. The only exclusion to this rule is, that details will be provided, if in an event of National Security, to enforce the laws of England and Wales, or to protect the interests of Aviac. Online Testing Software and Testing Content All content and software (if any) that is made available to view and/or download in connection with the Aviac Sites/Services, excluding content and/or software that may be made available by end-users through a Aviac Services, ("Software") is owned by and is the copyrighted work of Aviac and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of England and Wales. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to UK export restrictions. Courses and Seminars: Payment: The course fee must be paid in full no later than 14 working days prior to the course start date, unless prior arrangements have been made to settle one the day. Provisional Bookings: We welcome provisional bookings and will hold them until no later than 14 working days prior to the course start date. In order to guarantee your place on the day, we advise you to make a payment in full either by cheque or online. Discounts: Please call for details of discounts for group bookings. Accommodation: A list of hotels in the vicinity of the course is available upon request. Accommodation is not included in the course fee. Cancellation and Transfers: Cancelled bookings and transfers are subject to cancellation fees based upon the number of days notice aviac.com receives before the course start date. All cancellations must be confirmed in writing via e-mail or letter. Refund Policy: (i) Online Testing: • are non-refundable by cash, in the unlikely event that there is a server failure for greater than 24 hours, we will provide an extension of 2 weeks at the discretion of the management. • you will required to make this extension request in writing either by email to admin@aviac.com stating the issues and dates and times of the problems. The decision of the management will be final. (ii) Courses and Seminars: • 28 days or more – 100% refundable • 15 to 28 days - 50% of Course Fee refundable • 14 days or less – 0% refundable If any transfer is subsequently cancelled, the original course fee is non-refundable. Simulator Training and Assessment: Where enrolled students take part in any sort of simulator training, this will be provided by a 3rd party partner who will supply a qualified pilot with the appropriate experience. You will also need to adhere to our strict security requirements, and that of our training partners. (iii) Simulator Refund Policy: All Simulator sessions to be booked 30 days in advance and are required to be paid for in full. Please note that these are non-refundable. Simulator courses need to be scheduled at the earliest; cancellations shall only be accepted if made 30 days before the scheduled course is due to run. There may be instances where by we can arrange short notice bookings, these are non refundable and to be paid fully by bank tranfer/credit card. Substitutes: Delegates may be substituted. There is no charge for a substitution unless the delegate is ineligible for any discount previously given in which case aviac.com will charge for the difference. Cancellation of Courses: Aviac courses and seminars will only run subject to a minimum number of students enrolling. Unless booked as a one 2 one session. If courses do not run by a decision of Aviac and you have already booked, you will be issued with a FULL REFUND. Payment Methods: All courses and services offered by aviac.com are to be either paid online via PAYPAL or by cheque made payable to aviac.com. Course Amendments: aviac.com courses are constantly updated and improved. aviac.com reserves the right to make reasonable variations to any course and to change the price thereof. Contact: Enquiries relating to aviac.com must be addressed in writing by e-mail or by telephone to +44 7957 310 691. Other Particulars and Code of Conduct: Simulator Security : All our simulator use has strict security clearances and levels of documentation that is required by our training providers. These are available to view on the aviac.com website. Aviac takes no liability of any event that may take place where by all security measures required have been supplied and adhered to. Use of Online Facilities: Aviac requires you to open an account; you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify aviac.com immediately of any unauthorised use of your account or any other breach of security. Aviac will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Aviac or another party due to someone else using your account or password. You may not use anyone else's account at any time. Behaviour: Aviac.com reserves the right to terminate the service or product use of any delegate or group whose behaviour is likely in our opinion to cause distress, damage or danger to other delegates, Aviac.com team or anyone else Aviac.com partners with. No refund will be made for any course missed as a result of such termination. Unauthorised sharing of passwords or account will render you to be banned from Aviac services and may lead to possible legal prosecution. Resolution of Disputes: If a delegate or group wishes to complain about any aspect of the services provided by Aviac.com, such complaints must be initially made to aviac. We will not consider ourselves liable for any complaint not made at the time. All complaints will be investigated fully provided they are received within one month of the termination of the course and the complaint was initially registered in writing or email. Liability: This Liability section applies only to the extent permitted by law. For the avoidance of doubt, aviac.com do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from aviac.com negligence or willful default, or that of aviac.com employees, agents or subcontractors or (b) fraudulent misrepresentation. aviac.com does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, specifications and descriptions of listed goods, products and services. aviac.com will do its best to correct errors and omissions as quickly as practicable after being notified of them. TO THE FULLEST EXTENT PERMITTED BY LAW, aviac.com IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, aviac.com DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT. Miscellaneous: Aviac makes no claims that the Services may be lawfully viewed or downloaded outside of England and Wales. Access to the Services may not be legal by certain persons or entities in certain countries. If you access aviac.com from outside of England and Wales, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Additional or different terms and conditions may apply when you use affiliated web sites, third-party content, or third-party software. This Agreement will be interpreted under and governed by the laws of England and Wales. The United Nations Convention on contracts for the international sale of goods will not apply to this Agreement. You agree to submit to the personal and exclusive jurisdiction courts located in England and Wales for any claim or dispute with Aviac or any of its subsidiaries, affiliates, officers, agents, or employees. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. You must file any claim or suit related to the Services within one year after it arises. The section titles in these Terms and Conditions are for convenience only and have no substantive effect. Termination: Subject to prior written agreement(s), aviac.com reserves the right, without notice and in its sole discretion, to terminate your license to use aviac.com, and to block or prevent future access to and use of aviac.com services. Any rights not expressly granted herein are reserved. 2007 Aviac . All rights reserved. Last Updated: Mar 12, 2007