Terms and conditions
Important – please read this agreement carefully. This agreement governs the use of the Licensor’s online services (“your subscription”) and limits the Licensor’s liability to you and limits your right of withdrawal. By clicking on the “accept” button and accessing the online aviation training program (“service”) or by downloading, installing or otherwise using the service you agree to be bound by the terms and conditions of this agreement (“agreement”). Please note, that the website and the service are provided solely for non-commercial use. If you do not agree to the terms of this agreement, you may not access the website or download, install or use the service.
TERMS & CONDITIONS FOR THE SUBSCRIPTION, LICENSE AND USE OF THE WEBSITE WWW.TRAINBEFOREFLIGHT.COM
1.1 In this Agreement, the following terms shall have the following meaning:
Licence means the limited, nonexclusive and nontransferable license to use the Service provided under the terms of this Agreement.
Licensor means Aviation e-Learning ApS, a limited liability company, registered under Danish Law, with registration no. DK33253087 and having its registered address at Amager Strandvej 392, DK-2770 Kastrup, Denmark.
Licensee means the person or business entity entering into this Agreement.
Service means online training programs for aviation training provided online from the webpage www.trainbeforeflight.com.
Subscription means the right to receive access to the Service for a specific period of time by paying a subscription fee.
User means the actual user of the Service if different from Licensee.
Website means www.trainbeforeflight.com.
2. License terms
2.1 Provided that Licensee is in material compliance with the terms and conditions of this Agreement, Licensor hereby grants to Licensee, pursuant to the terms and conditions of this Agreement, a limited, personal, nonexclusive, nontransferable license (hereinafter “License”) to use the Service. If Licensee is a company or a corporation the actual user of the Service shall be registered as User and any user access is personal.
2.2 Licensee shall use the Service for training purposes only.
2.3 Under no circumstances shall Licensee permit any unrelated third parties to use the Service.
2.4 The Licensor may monitor compliance by Licensee with the terms of this Agreement and immediately on becoming aware of any unauthorized use in breach of this Agreement take all reasonable steps to both ensure that Licensee cease such activity and to prevent any recurrence of it including where necessary terminate Licensee’s access to the Service and/or the Website.
2.5 Licensee hereby acknowledges and agrees that it shall not, and has no right to modify, reverse engineer and/or disassemble data in the Service in any manner whatsoever and has no right to develop derivative products and that to do so would constitute a material breach of contract.
2.6 Licensor hereby reserves any and all rights not expressly and explicitly granted in this Agreement, including, but not limited to, Licensor’s right to license the Service to any third party.
2.7 Under no circumstances shall Licensee sell, license, publish, display, distribute, or otherwise transfer to a third party the Service or any copy thereof, in whole or in part, without Licensor’s prior written consent.
2.8 The License is limited and only gives Licensee the right to retrieve and display the Service on a computer screen. Under no circumstances shall Licensee:
- bookmark or link to any part of the Service,
- create a database in electronic or structured manual form by systematically downloading and storing all or any of the content or other intellectual property,
- attempt to download any part of the Website or Service, including any underlying software which it is nor expressly entitled to access under this Agreement, nor to store it other than is necessary in the normal use of the Service,
- use any of the intellectual property for any purpose not expressly permitted by this Agreement.
2.9 Licensee specifically agrees that each of the terms and conditions of this Section 2 are material and that failure of Licensee to comply with these terms and conditions shall constitute sufficient cause for Licensor to terminate this Agreement.
3. Technical requirements for the use of the Service
3.1 Licensee is solely responsible for obtaining, installing and maintaining browser software and other software needed to display the licensed Service. Licensee is aware that the possibility for making use of the Service depends on Licensee’s choice of browser and other software. Licensee can always contact Licensor with questions regarding which browser and other software is best used to display the licensed Service. Licensor is entitled without notice to change its software with the effect that Licensee needs to obtain and install new browser software to be able to make the optimal use of the licensed Service. Licensee is solely responsible for updating browser and other software to the versions recommended by Licensor.
4. Consumers right of withdrawal
4.1 If Licensee is a consumer the Licensee will usually have 14 days to withdraw from the purchase according to the Consumer Contracts act (in Danish: “Forbrugeraftaleloven”). Licensee expressly acknowledges that any right of withdrawal ends when the licensed Service is being downloaded or accessed. Licensee understands that withdrawal can only be exercised up until the time of the download or access of the licensed Service. If the Licensee is not a consumer, the Licensee does not have any right of withdrawal.
5. Fees and period of License
5.1 After the initial subscription period ends, the Subscription shall either expire or be renewed at the option of Licensee.
5.2 The fee is payable by credit card and access to the Service will be granted to the Licensee as soon as payment has been received by Licensor.
5.3 Licensor can make changes to the fee size and structure with 30 days notice. Such changes will only apply to future subscription periods.
6. Intellectual Property Rights
6.1 Licensor owns all intellectual property rights, including copyright, trade secrets, trademarks and other intellectual property rights in and to the Service and any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to the Service, whether made by Licensor or any third party. No title to the Service is transferred with this Agreement and Licensee´s rights hereunder are strictly limited as set forth herein.
7. Limitation of liability
7.1 The Licensor will use its reasonable endeavors to remedy faults in the Service during the Subscription.
7.2 In the event of any defective Services, misrepresentation in the Service or otherwise, Licensee agree that any potential damages shall be limited to an amount equivalent to the Subscription Fee paid by Licensee behalf in the 12 month preceding the date on which such liability arose.
7.3 The Licensor shall not be liable whether in contract, tort (including negligence) or otherwise to Licensee or any third party, for any indirect, special, incidental or consequential loss or damage whatsoever, including loss of profit, loss of anticipated savings, loss of business, loss of goodwill, loss of data or other such financial or business loss or damage.
7.4 The Service may contain links to other Websites and resources, either directly or through frames and, where possible, the Licensor will make clear where such links are being made. Independent third parties provide these sites and the Licensor is not responsible and shall not be liable for the availability or content of these resources.
7.5 Licensor shall be under no liability to Licensee and/or User in respect of anything, which notwithstanding this provision, may constitute a breach of this Agreement, arising by reason of force majeure, which includes severe weather, third party telecommunication failures, war, military or other unrest, natural disaster, acts of government and acts of God.
8.1 The Licensor warrants that:
- Licensor will use all reasonable skill and care in making the Service available to Licensee and in ensuring its availability during Licensees Subscription, however there may be times when the Service is temporarily unavailable due to routine or emergency maintenance, upgrades, uploads of new material or Software improvements (“Downtime”) as well as problems with the internet.
8.2 The Licensor shall use its reasonable endeavors to minimize Downtime and any disruption to the Service whenever possible.
8.3 Due to the number of sources from which the Licensor obtains the Content and because of the nature of the Internet and archived information, errors and omissions may occur and the Licensor does not give any warranties in respect of the Services. While the Licensor uses reasonable skill and care in incorporating third party content into the Service, the Licensor does not guarantee the accuracy, completeness or correctness of any such content.
8.4 The Licensor makes no warranty that the Website is free from viruses, worms, Trojan horses or anything else that has contaminating or destructive purpose or features. It is the responsibility of the Licensee to adopt appropriate back-up, firewall, antivirus software and use other appropriate security measures.
8.5 The Licensor makes no warranty that the Service is a certified training aid and there may be technical or other inaccuracies between the Service and the particular aircraft Licensee may later operate. It is always the provisions of the specific manual, company manuals and documentation of a particular aircraft that has to be met.
8.6 All other express or implied warranties and representations are excluded from this Agreement to the extent that they may be fully excluded as a matter of applicable law.
Why do we hold personal data?
Aviation eLearning needs to hold personal data such as Licensee’s first and last name, email address and address to make the delivery of the service and customer support possible.
Licensee’s’ personal information such as first name, last name, email address, phone number, address, and username are stored for billing and tax purposes.
Where does the data come from?
The personal data come from account registration form which is filled out by Licensee and is initially collected to provide the service.
How do we process data?
We collect and retain personal information from users’ accounts to identify the user and to facilitate the communication before, during and after using of the service, if necessary. We use the personal data for sales analysis and marketing purposes.
How long will we retain the data?
To make the process of delivering the service to returning Licensee easier, we retain their user accounts including personal data. This means that if Licensee decides to purchase the service again after their previous license expired, they only need to log in at trainbeforeflight.com and they do not need to register all over again. Licensee can easily delete their account by emailing Aviation eLearning at email@example.com any time, which will delete all their personal data in our system.
How do we secure personal data?
Aviation eLearning uses Secure Socket Layer (SSL) 256-bit hash with RSA encryption. We treat the personal data responsibly and only use the email address to inform the customers about new product releases and special offers.
Our Services do not address anyone under the age of 18. We do not knowingly collect personal identifiable information from children under 18. In the case we discover that a child under 18 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
9.1 Licensor will in connection with the provision of the licensed Service collect and process information about Licensee, including its Users’, use of the licensed Service.
9.2 Licensor shall take appropriate technical and organizational security measures to protect data against accidental or unlawful destruction, loss or alteration and against, that data come to the knowledge of unauthorized persons, abused or otherwise processed in breach of the Privacy Act (In Danish: “Persondataloven”).
9.3 The treatment aims to provide Licensor with the opportunity to ensure that the license terms are complied with. In addition, the treatment aims to make information about Licensee’s use of the Service available to Licensee for the purpose of Licensee’s assessment of the product mix in the licensed Service always is optimal for the Licensee’s. Finally processing of data happens for statistical purposes in order to further commercial development of the licensed Service as well as for electronic marketing of Licensor products to the Licensee.
Licensee can easily unsubscribe from marketing emails any time by clicking “unsubscribe” in the emails they receive or by contacting us at firstname.lastname@example.org.
9.4 Each User will, when they first login on Licensor’s online service, be presented for a User’s consent form to processing of personal data. The consent form must be accepted before the User can access the licensed Service.
9.5 The consent includes treatment of the following information: Licensee’s customer number, initials Users, used IP addresses, login time (year-month-day-hour-minute),
Users ‘ email addresses and password and all Licensee and Users’ interactions with the Licensor’s server, including, for example, keyword, entered or selected document titles, author names and article numbers, click on links and printing or copying documents.
9.6 Licensee and Users can request information regarding what information is being processed, and Licensor is upon request obligated to correct or delete inaccurate or misleading information.
If Licensee wishes to claim their right to access the data, they can request access to their personal data at https://trainbeforeflight.com/data-access-request/, or by emailing Aviation eLearning at email@example.com.
The information will not be disclosed to third parties. Licensor is constantly updating and verifying the information, to ensure that no inaccurate or misleading information is registered.
If a breach of security which can result in a risk of personal data theft is discovered, users will be contacted within 72 hours via email.
10. E-Commerce Act disclosure requirements
Licensor shall comply with all the disclosure obligations of the E-commerce Act (in Danish: “E-handelsloven”). In order not to complicate the communication between Licensee and Licensor, however, Licensee agrees that the use of E-commerce Act §§ 10, 11, subsection 1 and § 12 will be limited to the extent possible, cf. E-commerce Act § 13 subsection 2.
11.1 This Agreement and Licensee or Users access to the Service may be terminated by the Licensor by written notice if Licensee or User are in material or persistent breach of this Agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to Licensee. If the Licensor reasonably believes that Licensee or User are in breach of Clause 2 of this Agreement it may suspend Licensee or Users access to the Service at any time and without notice to Licensee. This will also happen if the subscription fee has not been paid.
11.2 Licensee may terminate this Agreement if the Service is permanently discontinued or if the Licensor is in material breach of this Agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to the Licensor.
11.3 Either party may terminate this Agreement with immediate effect by given written notice hereof in the event that the other party suffers an event of insolvency, including, but not limited to an inability to pay its debts as they fall due, bankruptcy, administration, receivership, liquidation, winding up, creditors’ arrangement or ceasing to do business, or any similar or analogous event in any jurisdiction.
12.1 The Licensor may transfer and/or assign its rights and/or obligations under this Agreement. This will not affect Licensee’s rights under this Agreement.
12.2 Except as otherwise set forth in this Agreement, the provisions of this Agreement are severable, and if any one or more such provisions shall be determined to be invalid, illegal or unenforceable, in whole or in part, the validity, legality and enforceability of any of the remaining provisions or portions thereof shall not in any way be affected thereby and shall nevertheless be binding between the parties hereto. Any such invalid, illegal or unenforceable provision or portion thereof shall be changed and interpreted so as to best accomplish the objectives of such provision or portion thereof within the limits of the applicable law.
12.3 The parties agree that this Agreement is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between the parties relating to the subject matter.
12.4 Any waiver, either expressed or implied, by either party of any default by the other in the observance and performance of any of the conditions and/or covenants of duties set forth herein shall not constitute or be construed as a waiver of any subsequent or other default.
12.5 Licensor may alter or revise the terms of this Agreement by given Licensee 30 days notice of the changes to be made. If Licensee does not agree to accept the changes, Licensee’s sole remedy shall be to discontinue the Subscription.
12.6 The headings to the Sections and Subsections of this Agreement are included merely for convenience of reference and shall not affect the meaning of the language included herein.
13. Governing Law and jurisdiction
13.1 This Agreement shall be governed by and construed under the laws of the Kingdom of Denmark, without regards to the choice of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. This Agreement shall be subject to the exclusive jurisdiction of the Danish Courts Licensee hereby consents to such exclusive jurisdiction and venue.
Licensee hereby acknowledges that it has read and understands this Agreement and agrees to be bound by its terms.