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You should print a copy of these Terms and Conditions for future reference.
1. DEFINITIONS
1.1 In these terms and conditions the following words are to be interpreted with the following definitions unless otherwise required by the context: "Agreement" means this agreement between You and Us incorporating these terms and conditions for the supply of the Service and including the Privacy Policy.
“Payment Processors” mean those agents duly appointed by Us for the purposes of collecting payment from You for the Service "Intellectual Property Rights" means all patents, trademarks or names whether or not registered or capable of registration, registered designs, design rights, copyrights, database rights, the right to apply for any of the preceding items, together with the rights in inventions, processes, software, know-how, trade or business secrets, confidential information or any other similar right or asset capable of protection.
"Liability" means the liability for any indirect or consequential loss, damages or expenses, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities howsoever awards, expenses, costs and any other losses and/or liabilities howsoever arising; “Material” means text, diagrams, and documents whether electronic or otherwise submitted by Us;
Privacy Policy” means our privacy policy which also governs your access to the Site;
"Service" means the service provided to You by Airlinescourses.com which includes, but is not restricted to the provision of Computer Reservation Systems Courses
"Service User" means an individual who applies to use the Service by requesting access to any course we supply "User" means any person who visits the Site;
"We, Us, Airlinecourses.com” means Airline Courses Online Ltd, 06884633 Registered in England and Wales. Alexandra Road Surrey CR06EZ
"Site" means www.Airlinecourses.com (or such other URL that We may use to provide the Service from time to time);
"You, Your, Yourself" means the Service User
Amadeus, Galileo, Sabre, Worldspan, Apollo, Viasinc, Virgin, Virgin Atlantic & IATA are trademarks and not a trademark of Airline Courses Online Ltd.
2. ELIGIBILITY
2.1.1 You are over 18 years old;
2.1.2 You have the authority, right and capacity to lawfully enter into this Agreement and to abide by the terms and conditions of this Agreement.
2.1.3 You fully understand the contents of this Agreement having read and considered them carefully;
2.1.4 You agree to abide by all relevant local, state, national and international laws and regulations in the use of the Site;
2.1.6 In the event of any conflict between this Agreement and any other statutory rights then the terms of those rights shall apply but only to the extent of that conflict.
2.2 If you are unable or unwilling to give the warranties and representations set out in clause 2.1 above then you must NOT proceed to use the Site or the Services.
3. BASIS OF THE CONTRACT
3.1 This is a legally binding Agreement between You and Us for the provision of the Service.
3.2 These conditions shall govern the Agreement between You and Us in preference to any other terms or conditions and You agree to abide by these terms and conditions (as amended by Us from time to time).
3.3 These conditions (as amended by Us from time to time) supersede any other terms and conditions and shall replace any previous terms and conditions that have been supplied to You.
3.4 We reserve the right to modify or replace these terms and conditions at our discretion at any time. Any variation will be posted on the terms and conditions page of the Site from time to time.
3.5 You acknowledge that You have not relied on any representation that has not been made in accordance with these conditions and that no agent, servant or employee of Airlinecourses.com is
authorized to modify these terms unless confirmed in writing by Us.
3.6 We reserve the right to make changes to the Service as required from time to time by law.
3.7 After you submit Your payment to Us for the Service. You will receive an e-mail from Us acknowledging that We have received your request within 24 hours. All orders are subject to acceptance by Us. The Agreement between us will only be formed when we send You a user name and password to the training system usually within 24 hours
3.8 Airline Courses Online Ltd is not liable for the usage of the training hours used by You. We recommend you log out of the training portal when not in use, so that the allotted hours for your course are not wasted.
4. PAYMENT AND PRICE
4.1 Unless otherwise agreed by Airlinecourses.com in writing the price for the Service shall be the price set out in the sub tab page or as displayed on the Site or as provided to you in any quotation except in cases of obvious error;
4.2 The price for the Service shall be inclusive of any value added tax VAT.
4.3 All sums payable to Us by You under this Agreement by the payment method identified on the Site are payable without any set-off or deduction.
4.4 All installments must be paid in full to equal the full price of the course as quoted on the prices page on Airlinecourses.com The Installments are split into a certain amount of training hours. When these hours run out you must pay the next installment to continue the course. If the full amount of the balance is paid then the remaining amount of hours will be loaded onto the students account.
5. YOUR OBLIGATIONS
5.1 You agree not to:
5.1.1 Attempt to gain access interfere with or disrupt the information held on the Service or to any of the networks or server computers used in providing the Service by
unauthorized or covert means;
5.1.2 Supply any information where the Intellectual Property Rights are owned by another individual or
organization without their written consent;
5.1.3 Copy or reproduce any of the information or part thereof on the Site for any other use that is not within the letter or spirit of this Agreement;
5.1.4 Put any spam, junk e-mail, viruses or anything analogous thereto on the Site;
5.1.5 Put or communicate on the Site any information, pictures or material, which in the opinion of Airlinecourses.com is harassing, libelous, an invasion of privacy, harmful, vulgar, tortuous, objectionable, libelous, and obscene; and/or which in the reasonable opinion of Airlinecourses.com is offensive.
5.1.6 Use the Site for any illegal purposes;
6. CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS
6.1 You acknowledge and agree that content and information, including but not limited to text, software, music, sound, photographs, graphics, video, or other material or information presented to You by airlinescourses.com or its partners, is protected by copyrights, trademarks, service marks, patents, and other proprietary rights, Intellectual Property Rights and laws.
6.2 Airlines courses Online Ltd owns all copyright and other Intellectual Property Rights of whatever nature in the Site.
6.3 All Intellectual Property Rights in the Translated work guides shall be owned by Us absolutely upon payment of the price of any course purchased in full in accordance with clause 4.
6.4 You agree that You will keep confidential and not use, except for purposes contemplated by this agreement, any and/or all information relating to the Service which may be disclosed to You or which You may learn, except where such information is public knowledge or it is required to be disclosed by law.
6.5 We will keep confidential all information and Material given by or about You which is not considered public information, including but not limited to information provided during the registration and order process and e-mail communications transmitted through the Site.
6.6 We will not disclose such information or Material to any third parties without Your consent, except that You agree We may do so if such information or Material is already in the public domain, is required to be disclosed by law, by a governmental agency or where there have been substantial and serious breaches of this Agreement.
6.7 Clauses 6.5 and 6.6 do not apply where you have given Your consent for such information to be used by Us for particular purposes. In such circumstances the information will only be used for those purposes for which Your consent is given.
6.8 You understand and agree that We may access the content of your account in order to identify and resolve technical problems or service complaints.
6.9 Emails and all other communications sent internally through the Site may be routinely monitored to ensure the service is being used in accordance with this Agreement.
7. TERMINATION
7.1 Airline Courses Online Ltd reserve the right to terminate this agreement if:-
7.1.1 You fail to make any payment to Us when due;
7.1.2 You breach any of the terms of this Agreement;
7.1.3 In Our sole discretion We view any Material supplied by You to be damaging to Our business then We shall have the right, without prejudice to any other remedies, to either:
7.1.4. Terminate this Agreement immediately;
7.1.4.1 Immediately without further notice suspend or terminate Your access to the Service and the Site
7.1.4.2 Any outstanding monies owed by You to airlinescourses.com will become payable immediately.
8. WARRANTY
8.1 We do not warrant that the Service, or any element of the Site will meet Your needs or expectations and the Service is offered only in its current form.
8.2 We do not warrant that the information provided in the Service or on the Site is accurate. 8.3 We do not warrant any aspect of functionality, accessibility or in its results in respect of the Service, uninterrupted, timely, and secure or fault free use of the Service or Site.
9. LIMITATIONS ON LIABILITY
9.1 We are not liable for any error or defect in the Service caused or contributed to by any other User or Yourself
9.2 We are not to be held liable for anything unless all monies owed to Airlinecourses.com by You have been paid in full at the relevant time.
9.3 We must be provided with at least 14 days notice of any matter for which they may be liable and be afforded a reasonable period to remedy any such breach before You incur any costs or expenses in remedying the matter Yourself. If You do not provide such written notice We will not be liable to You.
9.4 We reserve the right to request written evidence of any claims that You allege that We are liable for together with full details of how any liability by Us was incurred and what measures you have taken to mitigate the loss before any Liability by Us will arise.
9.5 We shall not be liable to You if You are covered by any policy of insurance and You further warrant that Your insurers will waive any and all rights of subrogation they may have against Us.
9.6 We are not liable to You for any:-
9.6.1 consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or service interruptions);
9.6.2 Economic and/or other similar losses; and/or
9.6.3 Special damages and/or indirect losses.
9.7 You acknowledge that you are under a duty to mitigate any loss, costs, expenses or damages that You may incur.
9.8 Our total Liability to You under or arising in relation to any Contract shall not exceed 3 times the amount paid by You for the Service (if any) under that Contract or the sum of £600 whichever is the higher.
9.9 Each of the limitations and/or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of:
9.9.1 Liability for breach of contract;
9.9.2 Liability in tort (including negligence); and
9.9.3 Liability for breach of statutory duty; except clause 9.7 above which shall apply once only in respect of all the said types of Liability.
9.10 Nothing in this Contract is designed to exclude or limit any of Your statutory rights which are not capable of exclusion or limitation due to You acting in a consumer capacity.
9.11 We shall not be liable to You for any delays in the provision of the Service and for any other events to the extent that such events are due to events outside their reasonable control including but not limited to acts of God, national emergency, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, prohibitive governmental regulations or actions and any other similar events.
9.12 You agree to indemnify and hold Us and Our parents, subsidiaries, affiliates, officers and employees, harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by Us or Our parents, subsidiaries, affiliates, officers and employees arising from a breach of this Agreement, the content you transmit to or through the Web Site, as well as your conduct on or arising from your use thereof.
9.13 In the event that We are is entitled to be indemnified by you pursuant to clause 9.1 and/or you are in breach of this Agreement you agree that We may contact you through the information provided to Us by you.
9.14 Any breakdown in the postal service, of if for any reason the items mentioned in 3.7 cannot be delivered due to any issues out of our control. If for any reason you do not sign to receive any material sent to You by Us, this is deemed beyond our control.
10. INDEMNITY
10.1 You agree to indemnify and keep Us indemnified against any and all damages, losses, lost profits, expenses, proceedings, costs (including increased administration costs and legal costs on a full indemnity basis), actions, awards, claims and any other losses and/or liabilities suffered by Us and arising from and/or relating to Your use of the Service, information and/or other material Posted on the Service by You and/or arising from or due to any breach of contract, any tortuous act and/or omission and/or any breach of statutory duty by You.
10.2 We accept unlimited liability in respect of death or personal injury caused by its negligence and such other liability which cannot be excluded by law.
10.3 Subject to clause 10.1 you agree that We shall not be liable for loss of profit, revenue or business or contracts or indirect or consequential loss however arising, including negligence even if such loss or damage was foreseeable and/or brought to the attention of Airline Courses Online Ltd
10.4 Subject to clause 10.1 and 10.2 above, the total aggregate liability arising out of any claim in contract, negligence, tort (or other legal liability) pursuant to these terms and conditions shall not in any circumstances exceed £600
10.5 The exclusions and limitations contained in clauses 9 and 10 shall each be construed separately. If any provision is found by a court to be unenforceable or void then the remaining provisions shall remain in full force and effect.
10.6 We have no control over third party content and information which can be accessed using the Site. Airline Courses Online Ltd is excluded from all liability of any kind arising from such content or information. Except for death or personal injury arising from our negligence, We shall not be liable whatsoever for any loss or damage arising from use of the Site.
11. NOTICES
11.1 All notices given by You to Us must be given using the contacts us page email form. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. f) The acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
OUR REFUNDS POLICY
13.1Refunds are available. For every hour used is a £10 charge. Any minutes are rounded up to the nearest hour. An administration fee of £40 is payable on every refund for system set up costs. If you have ordered an Accelerator course the workbook / guide is yours to keep but the P&P currently £5 will also be deducted. The minimum total refund charge is £55.
13.2 If you remain unhappy after the steps listed in clause 13.1 have been taken then We will at Our sole discretion refund such monies in the same method originally used by You to pay for the Service. We will usually process the refund due to You as soon as possible and , in any case within 30 days of the day We received Your cancellation or the day We confirmed to You via e-mail that You were entitled to a refund.
14. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. LAW AND JURISDICTION
Contracts for the purchase of services & Products through our site will be governed by England & Wales. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England & Wales
16. GENERAL
16.1 No waiver by Airlinecourses.com of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
16.2 This Agreement shall be governed by and construed in accordance with the law of England & Wales and the parties hereby submit for all purposes in connection with this Agreement to the exclusive jurisdiction of the Courts of England & Wales
16.3 The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the continuation in force of the remainder of this Agreement
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