Website Terms and Conditions of Use
Last updated: 1st December 2025
1. 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 Aussie Pilot Exams. Access to and use of the Website, or any of its associated products or Services, is provided by Aussie Pilot Exams. Please read these terms and conditions (the Terms) carefully. By using, browsing and/or reading the Website, you acknowledge that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease using the Website and the Services immediately.
1.3. Aussie Pilot Exams reserves the right to review and change any of the Terms at its sole discretion by updating this page. When Aussie Pilot Exams updates the Terms, it will use reasonable endeavours to provide you with notice of the updates. Any changes to the Terms take effect immediately from the date of their publication on the Website. We recommend you keep a copy of the Terms for your records.
2. 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 Aussie Pilot Exams in the user interface.
3. 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 be required to register for an account through the Website before you can access the 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;
(c) mailing address;
(d) telephone number;
(e) password.
3.5. You warrant that any information you give to Aussie Pilot Exams 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 become a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted access to the Services from the time you complete the registration process until your 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 Aussie Pilot Exams; or
(b) you are a person barred from receiving the Services under the laws of Australia or any other country, including the country in which you are resident or from which you use the Services.
4. 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) these Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in 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.
(c) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Aussie Pilot Exams of any unauthorised use of your password or email address or any breach of security of which you 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 Aussie Pilot Exams 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 Aussie Pilot Exams.
(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 may be taken by Aussie Pilot Exams for any illegal or unauthorised use of the Website.
(h) You acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Payment
5.1. Where the option is given to you, you may make payment of the Subscription Fee by way of:
(a) PayPal (PayPal);
(b) credit or debit card processed by a third-party payment processor such as Stripe (Stripe).
Under prior arrangement, other forms of payment may be accepted, including:
(c) cash (Cash);
(d) EFTPOS (EFTPOS);
(e) bank transfer (Bank Transfer).
5.2. All online payments made in the course of your use of the Services are processed using third-party payment providers such as PayPal and Stripe. By using the Website, the Services, or making any payment, you warrant that you have read, understood and agree to be bound by the applicable payment processor’s terms and conditions as published on their website from time to time.
5.3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for any reason, by your financial institution or is unpaid by you for any other reason, you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
5.4. You agree and acknowledge that Aussie Pilot Exams may vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of your existing Subscription Period.
6. Refund Policy
Aussie Pilot Exams will only provide you with a refund of the Subscription Fee in the event that it is unable to continue to provide the Services, or if the manager of Aussie Pilot Exams 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. Copyright and Intellectual Property
7.1. The Website, the Services and all related products of Aussie Pilot Exams 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) are owned or controlled by Aussie Pilot Exams or its contributors.
7.2. All trade marks, service marks and trade names are owned, registered and/or licensed by Aussie Pilot Exams, which grants you a worldwide, non-exclusive, royalty-free, revocable licence while 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.
Aussie Pilot Exams does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Aussie Pilot Exams.
7.3. Aussie Pilot Exams 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 of the following to you:
(a) a business name, trading name, domain name, trade mark, industrial design, patent or copyright;
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design;
(c) a thing, system or process that is the subject of a patent, registered design 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 Aussie Pilot Exams and any other relevant rights owners, broadcast, republish, upload 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 permitted by these Terms. This prohibition does not extend to materials on the Website that are freely available for re-use or are in the public domain.
8. Privacy
8.1. Aussie Pilot Exams takes your privacy seriously. Any information provided through your use of the Website and/or Services is subject to Aussie Pilot Exams’ Privacy Policy, which is available on the Website.
9. 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, which cannot be lawfully 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) Aussie Pilot Exams 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 you 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 in relation to 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 or licensors of Aussie Pilot Exams make any express or implied representation or warranty about the Services or any products or services (including the products or services of Aussie Pilot Exams) referred to on the Website. This includes (but is not limited to) loss or damage you might suffer as a result of:
(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);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Aussie Pilot Exams; and
(d) the Services or operation in respect of links which are provided for your convenience.
10. Limitation of Liability
10.1. Aussie Pilot Exams’ 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 Aussie Pilot Exams, 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 includes (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.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or Aussie Pilot Exams 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 Aussie Pilot Exams with 14 days’ notice of your intention to terminate; and
(c) closing your accounts for all of the services which you use, where Aussie Pilot Exams has made this option available to you.
Your notice should be sent in writing to Aussie Pilot Exams via the “Contact Us” link on the Website.
11.3. Aussie Pilot Exams 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;
(c) Aussie Pilot Exams is required to do so by law;
(d) the provision of the Services to you by Aussie Pilot Exams is, in the opinion of Aussie Pilot Exams, no longer commercially viable.
11.4. Subject to local applicable laws, Aussie Pilot Exams 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 Aussie Pilot Exams’ name or reputation or violates the rights of another party.
12. Indemnity
12.1. You agree to indemnify Aussie Pilot Exams, 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 any content you submit, post, transmit or make available through the Website (Your Content);
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
13. Dispute Resolution
13.1. Compulsory
If a dispute arises out of or relates to the Terms (Dispute), neither party may 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 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 (Notice).
13.3. Resolution
On receipt of the Notice by the other party, the parties (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;
(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 their nominee;
(c) the Parties are equally liable for the fees and reasonable expenses of a mediator 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.
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.
14. Venue and Jurisdiction
The Services offered by AussiePilotExams are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website or the Services, you agree that the exclusive venue for resolving any dispute shall be the courts of competent jurisdiction in Australia.
15. Governing Law
These Terms are governed by the laws of 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 by them shall be governed, interpreted and construed in accordance with the laws of Australia, without reference to conflict of law principles. The Terms shall be binding upon, and inure to the benefit of, the parties and their respective successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and that both parties have had the opportunity to obtain independent legal advice. The Terms are not against public policy on the grounds of inequality of bargaining power or general grounds of restraint of trade.
17. Severance
If any part of these Terms is found to be void, invalid or unenforceable by a court of competent jurisdiction, that part shall be severed and the remainder of the Terms shall continue in full force and effect.
