Terms and Conditions - Aussie Pilot Exams

Website Terms and Conditions of Use

About the Website

1.1. Welcome to aussiepilotexams.com (the ‘Website’). The Website provides educational

services including practice and study exams for aviation (the ‘Services’).

1.2. The Website is operated by AussiePilotExams . Access to and use of the

Website, or any of its associated Products or Services, is provided by

AussiePilotExams. Please read these terms and conditions (the ‘Terms’)

carefully. By using, browsing and/or reading the Website, this signifies that you

have read, understood and agree to be bound by the Terms. If you do not

agree with the Terms, you must cease usage of the Website, or any of

Services, immediately.

1.3. AussiePilotExams reserves the right to review and change any of the Terms by

updating this page at its sole discretion. When AussiePilotExams updates the

Terms, it will use reasonable endeavours to provide you with notice of updates

to the Terms. Any changes to the Terms take immediate effect from the date of

their publication. Before you continue, we recommend you keep a copy of the

Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by

clicking to accept or agree to the Terms where this option is made available to you by

AussiePilotExams in the user interface.

Subscription to use the Services

3.1. In order to access the Services, you must first purchase a subscription through

the Website (the ‘Subscription’) and pay the applicable fee for the selected

Subscription (the ‘Subscription Fee’).

3.2. In purchasing the Subscription, you acknowledge and agree that it is your

responsibility to ensure that the Subscription you elect to purchase is suitable

for your use.

3.3. Once you have purchased the Subscription, you will then be required to

Services (the ‘ Account’).

3.4. As part of the registration process, or as part of your continued use of the

Services, you may be required to provide personal information about yourself

(such as identification or contact details), including:

(a) Email address

(b) Preferred username

(d) Telephone number

(e) Password

3.5. You warrant that any information you give to AussiePilotExams in the course of

completing the registration process will always be accurate, correct and up to

date.

3.6. Once you have completed the registration process, you will be a registered

member of the Website (‘Member’) and agree to be bound by the Terms. As a

Member you will be granted immediate access to the Services from the time

you have completed the registration process until the subscription period

expires (the ‘Subscription Period’).

3.7. You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with AussiePilotExams;

(b) you are a person barred from receiving the Services under the laws of

Australia or other countries including the country in which you are resident

or from which you use the Services.

Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

(a) you will use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or

guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of your

password and/or email address. Use of your password by any other

person may result in the immediate cancellation of the Services;

parties, is strictly prohibited. You agree to immediately notify

AussiePilotExams of any unauthorised use of your password or email

address or any breach of security of which you have become aware;

(d) access and use of the Website is limited, non-transferable and allows for

the sole use of the Website by you for the purposes of AussiePilotExams

providing the Services;

(e) you will not use the Services or the Website in connection with any

commercial endeavours except those that are specifically endorsed or

approved by the management of AussiePilotExams;

(f) you will not use the Services or Website for any illegal and/or unauthorised

use which includes collecting email addresses of Members by electronic or

other means for the purpose of sending unsolicited email or unauthorised

framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms

of solicitation may be removed from the Website without notice and may

result in termination of the Services. Appropriate legal action will be taken

by AussiePilotExams for any illegal or unauthorised use of the Website;

and

(h) you acknowledge and agree that any automated use of the Website or its

Services is prohibited.

Payment

5.1. Where the option is given to you, you may make payment of the Subscription

Fee by way of:

(a) PayPal (‘PayPal’)

Under arrangement other forms of payment can be paid by:

(b) Cash (‘Cash’)

(d) Bank Transfer (‘Bank Transfer’)

5.2. All payments made in the course of your use of the Services are made using

PayPal. In using the Website, the Services or when making any payment in

relation to your use of the Services, you warrant that you have read,

understood and agree to be bound by the PayPal terms and conditions which

are available on their website.

5.3. You acknowledge and agree that where a request for the payment of the

Subscription Fee is returned or denied, for whatever reason, by your financial

institution or is unpaid by you for any other reason, then you are liable for any

costs, including banking fees and charges, associated with the Subscription

Fee .

5.4. You agree and acknowledge that AussiePilotExams can vary the Subscription

Fee at any time and that the varied Subscription Fee will come into effect

following the conclusion of the existing Subscription Period.

Refund Policy

AussiePilotExams will only provide you with a refund of the Subscription Fee in the event

they are unable to continue to provide the Services or if the manager of

AussiePilotExams makes a decision, at its absolute discretion, that it is reasonable to do

so under the circumstances . Where this occurs, the refund will be in the proportional

amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).

7.1. The Website, the Services and all of the related products of AussiePilotExams

are subject to copyright. The material on the Website is protected by copyright

under the laws of Australia and through international treaties. Unless otherwise

indicated, all rights (including copyright) in the Services and compilation of the

Website (including but not limited to text, graphics, logos, button icons, video

images, audio clips, Website, code, scripts, design elements and interactive

features) or the Services are owned or controlled for these purposes, and are

reserved by AussiePilotExams or its contributors.

7.2. All trademarks, service marks and trade names are owned, registered and/or

licensed by AussiePilotExams, who grants to you a worldwide, non-exclusive,

royalty-free, revocable license whilst you are a Member to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in

your device’s cache memory; and

AussiePilotExams does not grant you any other rights whatsoever in relation to

the Website or the Services. All other rights are expressly reserved by

AussiePilotExams.

use.

7.3. AussiePilotExams retains all rights, title and interest in and to the Website and

all related Services. Nothing you do on or in relation to the Website will transfer

any:

to you.

(a) business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name,

trade mark or industrial design, or

or copyright (or an adaptation or modification of such a thing, system or

process),

7.4. You may not, without the prior written permission of AussiePilotExams and the

permission of any other relevant rights owners: broadcast, republish, up-load to

a third party, transmit, post, distribute, show or play in public, adapt or change

in any way the Services or third party Services for any purpose, unless

otherwise provided by these Terms. This prohibition does not extend to

materials on the Website, which are freely available for re-use or are in the

public domain.

Privacy

8.1. AussiePilotExams takes your privacy seriously and any information provided

through your use of the Website and/or Services are subject to

AussiePilotExams’s Privacy Policy, which is available on the Website.

General Disclaimer

9.1. Nothing in the Terms limits or excludes any guarantees, warranties,

representations or conditions implied or imposed by law, including the

Australian Consumer Law (or any liability under them) which by law may not be

limited or excluded.

9.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in the Terms are excluded; and

(b) AussiePilotExams will not be liable for any special, indirect or

consequential loss or damage (unless such loss or damage is reasonably

foreseeable resulting from our failure to meet an applicable Consumer

Guarantee), loss of profit or opportunity, or damage to goodwill arising out

of or in connection with the Services or these Terms (including as a result

of not being able to use the Services or the late supply of the Services),

whether at common law, under contract, tort (including negligence), in

equity, pursuant to statute or otherwise.

9.3. Use of the Website and the Services is at your own risk. Everything on the

Website and the Services is provided to you “as is” and “as available” without

warranty or condition of any kind. None of the affiliates, directors, officers,

employees, agents, contributors and licensors of AussiePilotExams make any

express or implied representation or warranty about the Services or any

products or Services (including the products or Services of AussiePilotExams)

referred to on the Website. includes (but is not restricted to) loss or damage

you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect,

failure to correct defects, delay in operation or transmission, computer

virus or other harmful component, loss of data, communication line failure,

unlawful third party conduct, or theft, destruction, alteration or

unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the

Services, or any of its Services related products (including third party

material and advertisements on the Website);

the products of AussiePilotExams; and

(d) the Services or operation in respect to links which are provided for your

convenience.

Limitation of liability

10.1. AussiePilotExams’s total liability arising out of or in connection with the Services

or these Terms, however arising, including under contract, tort (including

negligence), in equity, under statute or otherwise, will not exceed the resupply

of the Services to you.

10.2. You expressly understand and agree that AussiePilotExams, its affiliates,

employees, agents, contributors and licensors shall not be liable to you for any

direct, indirect, incidental, special consequential or exemplary damages which

may be incurred by you, however caused and under any theory of liability. This

shall include, but is not limited to, any loss of profit (whether incurred directly or

indirectly), any loss of goodwill or business reputation and any other intangible

loss.

Termination of Contract

11.1. The Terms will continue to apply until terminated by either you or by

AussiePilotExams as set out below.

11.2. If you want to terminate the Terms, you may do so by:

(a) not renewing the Subscription prior to the end of the Subscription Period;

(b) providing AussiePilotExams with 14 days’ notice of your intention to

terminate; and

AussiePilotExams has made this option available to you.

Your notice should be sent, in writing, to AussiePilotExams via the ‘Contact Us’

link on our homepage.

11.3. AussiePilotExams may at any time, terminate the Terms with you if:

(a) you do not renew the Subscription at the end of the Subscription Period;

(b) you have breached any provision of the Terms or intend to breach any

provision;

(d) the provision of the Services to you by AussiePilotExams is, in the opinion

of AussiePilotExams, no longer commercially viable.

11.4. Subject to local applicable laws, AussiePilotExams reserves the right to

discontinue or cancel your membership at any time and may suspend or deny,

in its sole discretion, your access to all or any portion of the Website or the

Services without notice if you breach any provision of the Terms or any

applicable law or if your conduct impacts AussiePilotExams’s name or

reputation or violates the rights of those of another party.

Indemnity

12.1. You agree to indemnify AussiePilotExams, its affiliates, employees, agents,

contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and

damage (including legal fees on a full indemnity basis) incurred, suffered

or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so; and/or

Dispute Resolution

13.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses

have been complied with (except where urgent interlocutory relief is sought).

13.2. Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must

give written notice to the other party detailing the nature of the dispute, the desired

outcome and the action required to settle the Dispute.

13.3. Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms

(‘Parties’) must:

(a) Within 30 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may mutually

agree;

13.4. Confidential:

All communications concerning negotiations made by the Parties arising out of and in

connection with this dispute resolution clause are confidential and to the extent possible,

must be treated as “without prejudice” negotiations for the purpose of applicable laws of

evidence.

13.5. Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has

not been resolved, either Party may ask the mediator to terminate the mediation and the

mediator must do so.

(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has

not been resolved, the Parties must either agree upon selection of a mediator or

request that an appropriate mediator be appointed by the President of the

Australian Mediation Association or his or her nominee;

and the cost of the venue of the mediation and without limiting the foregoing

undertake to pay any amounts requested by the mediator as a pre-condition to the

mediation commencing. The Parties must each pay their own costs associated with

the mediation;

(d) The mediation will be held in a location to be agreed upon in Australia.

Venue and Jurisdiction

The Services offered by AussiePilotExams is intended to be viewed by residents of

Australia. In the event of any dispute arising out of or in relation to the Website, you

agree that the exclusive venue for resolving any dispute shall be in the courts of South

Australia, Australia.

Governing Law

The Terms are governed by the laws of South Australia, Australia. Any dispute,

controversy, proceeding or claim of whatever nature arising out of or in any way relating

to the Terms and the rights created hereby shall be governed, interpreted and construed

by, under and pursuant to the laws of South Australia, Australia, without reference to

conflict of law principles, notwithstanding mandatory rules. The validity of this governing

law clause is not contested. The Terms shall be binding to the benefit of the parties

hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent legal

advice and declare the Terms are not against public policy on the grounds of inequality

or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent

jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.