This document contains the Terms and Conditions which apply to your use of the Aviation English Academy web site. In addition to the General Conditions set out in this document, there are also specific and additional terms and conditions, which form part of the General Conditions and govern your use of the Aviation English Academy web site. Since you are also bound to these specific terms and conditions, you should review them before using our web site.
General Terms and Conditions
1. Conditions of use
1.1 This document contains the terms and conditions which apply to your use of the Aviation English Academy (AEA) web site (‘web site’). In addition to the General Conditions set out in this document, there are also specific and additional terms and conditions, which form part of the General Conditions and govern your use of AEA’s web site. Since you are also bound to these specific terms and conditions, you should review them before using our web site.
1.2 Your use of this web site is governed by these terms and conditions and any additional terms and conditions posted on the web site from time to time (‘Terms’).
1.4 By using the AEA website, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
2. Copyright and Trademarks
2.1 What you can do: All the material on this web site is subject to the copyright of AEA or its third party licensors. You must not reproduce any of the material contained on this web site except that you may:
a. Download a copy of this web site to the local hard drive of the computer used to access the site; and
b. Print extracts (hard copies) of this web site, but only for your personal or study use.
2.2 What you cannot do:
a. Copy any of the material on this web site or otherwise incorporate into or store in any other web site, electronic retrieval system, publication or other work in any form; or
b. Provide a link to this web site from another web site without AEA’s prior written consent.
3.1 You must not use this web site for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable laws and regulations and codes of conduct.
3.2 In particular, you agree not to:
a. Use this web site to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;
b. Publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
c. Engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the web site;
d. Impersonate any person or entity; or
e. Upload, post, email, transmit or otherwise make available using the web site any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
3.3 AEA retains the right at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
4.1 The information contained on this web site is for specific information purposes only. You must not rely on any statement contained in this web site without taking specialist advice. While we endeavour to ensure the accuracy and completeness of the information contained on this web site, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it.
4.2 In particular, we make no representations or warranties and exclude all liability:
a. In relation to any of the material of this web site (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material);
b. In relation to any material of any other web site referred to or accessed by a hyperlink through this web site (‘Third Party Web Site’). We do not endorse or approve the material of any Third Party Web Site, nor will we have any liability in connection with any of Third Party Web Site howsoever arising; or
c. That this web site or any of its material is virus free. You should take your own precautions in this respect and we accept no responsibility for any harmful code that may be introduced into your system by using this web site.
Although we will do our best to provide constant, uninterrupted access to this web site, we cannot and do not guarantee this. We accept no responsibility or liability for any interruption or delay.
Individual advertisers are solely responsible for the content of any advertising material which is submitted to us and published on the web site, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any advertising material published on this web site.
8. Liability and Indemnity
8.1 You will indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these Terms or any other legal obligation by you or your use of or conduct on the web site.
8.2 AEA does not exclude any rights and remedies available to you in terms of the Trade Practices Act (Cth) or any similar State or Territory legislation in relation to the provision by us of any goods or services via the web site which cannot be excluded, restricted or modified. Otherwise we exclude all conditions and warranties which may be implied by law.
8.3 To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted, at our option, to:
a. In the case of services supplied or offered by us:
i. The re-supply of those services; or
ii. The payment of the cost of having those services re-supplied; and
b. In the case of goods supplied or offered by us:
i. The replacement of the goods or the supply of equivalent goods; or
ii. The repair of the goods;
iii. The payment of the cost of having the goods replaced; or
iv. The payment of the cost of having the goods repaired.
9.1 Variations: These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted.
9.2 Applicable law: These Terms will be governed by and construed in accordance with the laws of the state and territories of New South Wales and Australia Capital Territory, Australia.
9.3 Contact Details: Please contact our webmaster should you have any technical issues regarding this web site.
9.4 All contents of the AEA web site are copyright © 2014 Aviation English Academy. All rights reserved
9.5 AEA’s General Conditions govern the purchase of goods and services, the enrolment into courses and the use of AEA’s web site.
10. Links to Web Sites of Third Parties
10.1 AEA’s web site may contain hyperlinks to web sites operated by third parties (“Third Parties”). These linked web sites do not form part of AEA’s web site, are not under the control of the AEA and AEA is not responsible or liable for any content on any linked web site or any hyperlink contained in a linked web site.
11. Governing Law
These terms and conditions are governed by the laws of New South Wales (NSW) and Australia Capital Territory (ACT), Australia. We and you irrevocably submit to the exclusive jurisdiction of the courts of these states and territories.
1.1 The areas of this web site where users can contribute material are as follows:
a. Instructor student comments
b. Instructor feedback comments
c. Library comments
d. Trade Directory comments
1.2 Further information about each of these areas may be found on the appropriate part of the web site.
2. Contributed Material
2.1 If you wish to submit Material to the web site, you agree to do so on the additional terms and conditions set out in this clause 2.
2.2 All copies of user contributed material, including text, images and photos (‘Material’), becomes the property of AEA.
2.3 AEA reserves the right to do any of the following:
a. Select Material to be displayed on the web site;
b. Remove any Material at any time;
c. Amend, alter, edit or delete any Material you submit without any right of attribution to you; and
d. Use any photos submitted as Material in any way that AEA sees fit.
2.4 In submitting Material, you:
a. Warrant that that any Material you submit is your own work and that you own all intellectual property rights in it; and
b. Warrant that any Material you submit for publication or which is published on the bulletin and/or postcard boards is not obscene, defamatory, offensive or otherwise illegal.
2.5 When contributing Material to the web site, you must not include:
a. Information that helps sell, buy, solicit or offer goods, services, shares or other commodities including any phone numbers, mail or email addresses or URLs;
b. Personal information, or the personal details of others such as phone numbers, mail or email addresses;
c. Offensive or otherwise unsuitable images of a sexual or other inappropriate nature;
d. Spamming, flaming or typing in ALL CAPS;
e. Advertising or promotion of external URLs, competitions, sites or products;
f. Gratuitous swearing, profanity or spiteful remarks;
g. Reference to, or provide links to illegal activities e.g. insider trading, ramping/hyping stocks, defamation, vilification, pornography, racial or sexual slurs, drug use;
h. False or misleading or deceptive information; or
i. Misinformation or rumour.
3. Liability for Material
3.1 Any opinions expressed in Material are those of the users.
a. Is not responsible for, and does not accept any liability in respect of, any Material; and
b. Does not check the content or accuracy of any Material.
Purchase of Goods and Services, Subscriptions and Enrolment into courses – Terms and Conditions
1. All information about the goods, services and courses on this web site has been provided ‘as is’. Although we have endeavoured to provide information which we believe to be correct at the time of entry, we make no representation or warranty that the information on the web site including any descriptions of the goods and services is accurate, complete, reliable, current or error-free.
2. Prices and availability of goods and services are subject to change at any time without notice. AEA reserves the right to correct pricing errors at any time. In the event we discover a pricing error, we will attempt to notify you as soon as possible about the error and, if you decide against the purchase, we will process a refund for the item or items in question.
3. Unless otherwise indicated on this web site, all goods and services available for purchase are priced in Australian Dollars and inclusive of GST.
4. The goods and services offered on this web site are only available to persons who are capable of entering into a legally binding contract with the AEA. Without limiting the foregoing, by utilising this web site to place an order, you warrant to the AEA that you are 18 or more years of age or otherwise possess legal parental or guardian consent and that you are authorised and able to make payment in the manner selected by you. You also warrant to AEA that all information given by you to AEA through this site (including your name, contact and address details, credit card details) are correct.
5. No contract for the purchase of goods and services will be formed until your order has been accepted by us by sending you a receipt or invoice number. The contract will be deemed to be formed at the time and place where you receive our acceptance. We reserve the right to reject your order for any reason.
6. Payments can be made with valid credit cards, Visa or MasterCard, or via our secure payment gateway. Corporate sales can be made via our Invoice process. All sales must be paid in full prior to any student commencing any course or study program.
7. Our aim is to hold stock or have immediate access to the goods and services available for sale on-line. However the availability of goods or services may change from time to time as unforeseen supply problems or unexpected demand may occasionally result in stock being unavailable. AEA is not liable for any loss or damage whatsoever arising from failure to deliver or delay in delivery of any goods or services.
8. All physical goods purchased from AEA’s web site are delivered by a freight carrier. The risk of loss and title for the goods pass to you upon our delivery to the carrier.
9. Delivery of physical goods that is not related to course material will occur between 5 and 10 business days after acceptance of an order. These delivery times are a general guide only and AEA accepts no responsibility for delays in delivery.
10. Students will have immediate access to the online course ware upon the notification of successful payment.
a. Students will have immediate access to course material related to class based courses upon the notification of successful payment.
b. Subscribers to our subscription services will be notified of the delivery dates of their subscription items upon the notification of successful payment. The frequency of the ongoing payments to our subscription services will be based on the customer choice of quarterly or yearly.
10. Warranty and Liability
10.1 These Terms & Conditions and the Laws of New South Wales and Australia Capital Territory, Australia, apply to all transactions for the purchase of goods and services through this web site. No conditions or warranties apply or are given unless expressly set out in the Terms & Conditions. AEA does not exclude any rights and remedies available to you in terms of the Trade Practices Act (Cth) or any similar State or Territory legislation in relation to the provision by us of any goods or services via the web site which cannot be excluded, restricted or modified. Otherwise we exclude all conditions and warranties which may be implied by law.