Description
Terms and Conditions:
Definitions
“Confidential Information” means the information provided by one party to the other in written, graphic, recorded, machine-readable or other forms concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the ‘Course Materials,’ but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Flightwings Aviation to accompany a course provided as part of the services in hard copy and/or electronic form.
“Fees” means the fees you pay to Flightwings Aviation Training and Consultancy Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to ‘Confidential Information’ and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the ‘Online Course’ and/or the ‘Taught Course’ and/or the ‘Course Materials’ together with such other services as agreed from time to time and purchased by you through the Website.
“Taught Course” means a course taught by us in a classroom and virtual setting which you attend in person and/or online.
“Website” means www.flightwingsaviation.com
“You” means the individual purchasing the services.
2) The Services
2.1. A description of the services, together with the dates on which the services will begin, are available on our website. We will provide the services with reasonable care and skill in accordance with the description set out on the website.
2.2. We reserve the right to vary or withdraw any of the services described on the website without prior notice.
2.3 We expect you to confirm that the services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification, or employment opportunity from your purchase and completion of any of the services.
3) Purchasing Services via the Website
3.1. To purchase any of the services online, you must register for an account with us via the website. If you already have an account with us, you can log into your account using your username and password.
3.2 When you place an order for a service via the website, you are offering to purchase the services within these terms and conditions. Flightwings Aviation Training and Consultancy Services reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below.
3.3. Following acknowledgment of your order via the website, we will contact you to confirm receipt of your order or automatic notification from our official payment channels or Flightwings Aviation representative.
3.4. A legally binding agreement between you and us shall come into existence when we have:
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with the clause below.
3.6. Where your order consists of multiple ‘Online Courses’ or multiple ‘Taught Courses,’ each individual course will be treated by us as a separate offer to purchase.
3.7. Flightwings Aviation Training and Consultancy Services is not responsible for booking any examination with any professional body or examination board. It is your responsibility to ensure that you book prior to the relevant closing date any exam necessary that you wish to take, which may or may not be associated with the subject matter of the Services provided to you by Flightwings Aviation Training and Consultancy Services.
4) Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted and confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.4 above.
4.2. If you have purchased an ‘Online Course’ and have already accessed, downloaded all or part of the ‘Online Course’ and/or started to use that ‘Online Course’ then you shall have no right to cancel or get a refund from your order.
4.3. Notwithstanding clause 4.1, there is no other right to cancel or vary your purchase of Services, and any other cancellation and/or variation of course dates will be at the entire discretion of Flightwings Aviation Training and Consultancy Services.
4.4. Flightwings Aviation Training and Consultancy Services will not reimburse any payment provided once the Agreement is made in accordance with clause 3.4.
5) Fees
5.1. The ‘Fees’ for the ‘Services’ shall be as set out on the ‘Website’ or as stated to you over the messenger of our official Facebook account (https://www.facebook.com/flightwingsaviation) or email at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the ‘Services,’ the ‘Fees’ are exclusive of VAT (value-added tax) or other local taxes, the cost of some ‘Course Materials’ and any delivery costs payable in respect of the delivery of ‘Course Material’ to you. Each of these costs will be set out on the ‘Website’ or stated to you over the telephone or other official communication from us; prior to your purchase of the ‘Services.’
5.3. Save where specifically stated otherwise on the ‘Website,’ all ‘Fees’ shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board, and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.
5.4. Fees for the ‘Service’ selected by you on the ‘Website’ or purchased over the telephone shall be paid either thru our PayPal account or thru bank transfer. Fees must be paid in full prior to you attending any ‘Taught Course’ or accessing any ‘Online Course.’
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of ‘Services’ are for your own account, and Flightwings Aviation Training and Consultancy Services shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your attendance at any ‘Taught Courses’ or your access onto any ‘Online Course.’
6) Liability
6.1. No part of the provision of the ‘Services’ shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. Although Flightwings Aviation Training and Consultancy Services aims to provide the ‘Services’ to the highest standards of the industry, neither it nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the program or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties, or other terms shall apply to the Services. Subject to clause 6.5, No implied conditions, warranties, or other terms apply (including any implied terms as to the satisfactory quality, fitness for purpose, or conformance with description).
6.4. Subject to clause 6.5 below, Flightwings Aviation Training and Consultancy Services’ total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.
6.5. Flightwings Aviation Training and Consultancy Services has no liability or obligations as a result of consequences of (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other matter which under Philippine law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7) Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses, and the speeches made by trainers at the Taught Courses are, and remain, exclusive intellectual property of Flightwings Aviation Training and Consultancy Services or its licensors, whether adapted, written for, or customized for the Client or not.
7.2. You are not authorized to:
(i) copy, share, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone, phone, computer applications, or other means the Online Course or Taught Course given;
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Flightwings Aviation Training and Consultancy Services on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and/or attending the Taught Course.
8) Confidentiality
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9) Termination
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any services with immediate effect in the event that you:
1) fail to pay your fees within the given due date;
2) act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Flightwings Aviation Training and Consultancy Services, any teacher or lecturer who provides the Taught Courses or any student who attends any Taught Course;
3) cheat or plagiarize any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
4) steal or act in a fraudulent or deceitful manner towards our employees or us or any other students who may be on our premises or attending our Taught Courses;
5) intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
6) are intoxicated through alcohol or illegal drugs while on our premises;
7) commit any criminal offense committed on our premises or where the victim is our employee or student;
8) sharing of data information and an online account with others are in breach of these terms and conditions.
9.2. On termination clauses 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
10) Restrictions (Accounts)
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11) Entire Agreement
These terms and conditions, together with the ‘Website Disclaimer’ and ‘Course Specific,’ ‘Terms and Conditions’ are the entire ‘Agreement’ between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12) Force Majeure
Flightwings Aviation Training and Consultancy Services shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
13) Assignment (Third-Party Transfer Clause)
We may assign, transfer, or subcontract any of our rights or obligations to any third party at our discretion.
14) Data Protection
14.1 The nature of the Services provided by us means that we will obtain, use, and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our use of data. By purchasing the services, you agree to this clause.
14.2 When you register with us, you will need to provide certain data, such as your contact details and demographic information. We will store this data and use it to contact you and provide you with details of the ‘Services’ you have purchased and otherwise as required during the normal provision of the course.
14.3 We may also use the above data and similar data you provide us in response to surveys to aggregate user profiles and, unless you click on the relevant button on the ‘Registration Form,’ provide you with communications. We will not pass any personal data onto anyone outside of Flightwings Aviation Training and Consultancy Services.
14.3 To enable us to monitor and improve our services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name, IP address, the URL (Uniform Resource Locator) you came from and go to, and the parts of the website you visit.
14.4. We use information such as your User ID, session identifiers, and password to enable us to identify whether you are using our services, assist with the provision of services, and ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
14.5. Our products may link to third-party websites, and we are not responsible for their data policies or procedures or their content.
14.6. Flightwings Aviation Training and Consultancy Services endeavor to take all reasonable steps to protect your personal data including the use of encryption technology but cannot guarantee the security of any data you disclose. You accept the inherent security implications of being and transacting online over the Internet and will not hold us responsible for any breach of security.
14.7. Flightwings Aviation Training and Consultancy Services may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.
15) Guarantee and Insurance
15.1 In case of cancellation of the examination schedule due to issue/s that may lead to re-scheduling or postponement of examination, services under this Agreement will be extended until the assurance of the new schedule will commence with no additional fee.
Under this extension will be limited to the following conditions:
15.2 The examination will schedule will be moved by the local or national government.
15.3 Lack of documents that the school should have provided to the examinee.
15.4 Any personal decision not to take the exam but he/she is qualified to take will not be subject to extension. If the examinee has academic deficiencies/failed subjects or incomplete requirements to be eligible to take the exam will also be declined for an extension.
16) Law and Jurisdiction
This Agreement is subject to Philippine law, and the parties submit to the exclusive jurisdiction of the Philippine courts in connection with any dispute hereunder.