Terms & Conditions

Introduction

Welcome to the Aviation Theory Virtual Classroom ABN 45 356 259 238 (“ATVC”). The ATVC Website (http://www.atvc.com.au/) (“Website”) is an interactive platform that allows users to obtain Civil Aviation Safety Authority (“CASA”) licences by way of enrolling and completing coursework programs designed by ATVC through a virtual platform.

The following terms and conditions of use ("Terms") govern the user's access, restrictions and use of Website and content including, but not limited to, graphics, text, logos and information whether uploaded, downloaded, showing on or reasonably affiliated with ATVC (collectively referred to as "Content"). Access and use of the Content is conditional upon the user's acceptance and compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Employees, contractors, ATVC service providers, corporate affiliates, ATVC founders and persons or bodies acting with adequate consent (collectively referred to as "ATVC operators") have the sole discretion to change, add or delete binding Terms without notice at any time. Please review these Terms regularly as it is the user's responsibility to be aware of any changes to these Terms. The user's continued use after such changes constitute acceptance of the new Terms.

The user is required to discontinue using the Content if the user does not accept or fails to abide by these Terms or future Terms or is no longer validly enrolled in ATVC course.

Payment

The user must pay all prescibed fees before becoming enrolled.

There will be no provision for a refund if the user does not attend or access the Website in his or her allocated enrolled course time.

Enrolment Details

ATVC endeavours to cater for all users’ preferences in regards to undertaking ATVC coursework. However, ATVC cannot guarantee that users will be granted their chosen course timing. As a result ATVC implements a system which gives precedence to earlier users who book an enrolment . Users who do not acquire their chosen course times may be placed on a reserve list and will be notified if a position becomes available.

Cancellation or postponement

ATVC reserves all rights to cancel or postpone courses for any reason, with the provision of a suitable refund or reasonable rescheduling of a course as full satisfaction for cancellation and postponement.

User Requirements

It is a condition of these Terms and use of the Website, that each user must have for the entire duration of any ATVC courses in which the user is enrolled in, for his or her own sole personal use:

  • a computer AND computer software that meets or is reasonably superior to the computer requirements specified in http://www.adobe.com/au/products/adobeconnect/tech-specs.html or otherwise provided to the user during the undertaking of any ATVC course or if such information is not provided, any specifications that are reasonably required for the course the user is enrolled in.
  • access and continued access to a minimum internet connection of 512bps for participants, meeting attendees and end users of Adobe Connect application.

The user accepts that ATVC is not liable for any failure to provide materials or instructions, which are not limited to computer or service failures by the user, if the conditions listed above are not satisfied for the duration of the user’s enrolment.

Intellectual Property

All right, title, and interest in and to the ATVC services (not including Content uploaded by users) will remain the exclusive property of ATVC and its licensors. ATVC is protected by copyright and other laws in Australia and foreign nations. No right is given to the user to use the ATVC name, logos, domain names, and other distinctive brand features.

Provided eligibility requirements are satisfied such as enrolment and payment of applicable fees, users are granted a limited licence to use and access ATVC for personal and non-commercial use provided all necessary copyright issues are fulfilled as outlined below:

The user must not:

  • republish material from this Website (including republication on another website);
  • sell, rent or sub-license material from the Website;
  • show any material from the Website in public, without prior written consent by an ATVC Operator;
  • reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose; or
  • edit or otherwise modify any material on the Website.

Content not provided by a user may not be uploaded, modified or collected for a database or compilation without express consent by ATVC operators. This licence is revocable at any time without notice and with or without cause.

By using the Website and ATVC services, the user agrees to allow ATVC operators to:

  1. make copies of Content provided by the user in order to facilitate posting and storage requirements of ATVC;
  2. use any images, photographs or videos or the like uploaded by ATVC or the user on the Website for uses such as, but not limited to, provision of material for course work for subsequent users, identification of users on the Website or to facilitate the answering of user questions; and
  3. allow ATVC to modify Content uploaded without notice or reason.

Acceptable use

The user must not use this Website:

  1. in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  2. to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  3. to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ATVC’s express written consent;
  4. to transmit or send unsolicited commercial communications;
  5. for any purposes related to marketing without ATVC’s express written consent; and
  6. to violate, threaten or harm the safety of other users.

ATVC operators have the sole discretion but not the obligation, without notice or reason, to remove, alter or modify any Content placed on the Website. It is the user's sole responsibility and expense to back up files in the event this discretion is exercised. Please inform ATVC if the user believes any Content has been removed, altered or modified unfairly and ATVC will endeavour to rectify the problem or provide reasons for such removal, alteration or modification.

User content

The user has full intellectual property and proprietary rights of Content uploaded by the user on ATVC as between ATVC operators and the user. However, posting or uploading of any Content represents and warrants that the user grants and has the right to grant ATVC a perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorise sublicenses of the foregoing. This licence automatically expires upon removal of Content by the user from ATVC or through the receipt and response of a written request from the user but ATVC has the right to retain copies of archived Content for such use.

Third Party Content

The user must only upload or post Content that the user has created or has permission to post or upload on the Website and the user should only upload Content that is reasonably accurate. ATVC operators are not obligated to investigate, review, monitor or check the accuracy of Content uploaded by users. Any third party sites, hyperlinks, software or applications on this Website does not imply approval or endorsement by ATVC operators. Any use of such third party content is not governed by the Terms and the user uses such third party content at his or her own risk.

ATVC respects copyright and endeavours to prevent users from posting, uploading or transmitting any Content that violates intellectual property rights. ATVC appreciates any complaints of copyright infringement and will endeavour to deal with complaints through investigation, removal of content, prosecution and other reasonable measures where possible.

ATVC Coursework

ATVC will endeavour to provide each user with the necessary materials and instructions applicable to the course the user is enrolled in and the relevant CASA syllabus. However, the user agrees to indemnify ATVC and ATVC Operators against any liability in the event that certain or all materials and instructions are not provided to the user, that is reasonably applicable to the user’s enrolled course with ATVC, due to time constraints, ATVC Operator sickness, system or power failure, server or internet connection problems or otherwise. In this event, the user accepts that it is his or her own responsibility to undertake personal study in the materials and instructions that were not provided in the enrolled course and the relevant CASA requirements, syllabi and curriculums.

Limitations of liability

ATVC will not be liable to the user (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if ATVC has been expressly advised of the potential loss.

ATVC may provide a refund to the user, not exceeding the total amount of enrolment or other fees payable by the user to ATVC, if ATVC deems that services provided were inadequate or did not meet ATVC’s practice standards. However, the user accepts that such refund is not a requirement or obligation of ATVC and its provision and amount is determined at the sole discretion of ATVC and ATVC Operators.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ATVC’s liability in respect of any:

  • death or personal injury caused by ATVC’s negligence;
  • fraud or fraudulent misrepresentation on the part of ATVC; or
  • matter which it would be illegal or unlawful for ATVC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, the user agrees that the exclusions and limitations of liability set out in these Terms are reasonable.

The user must discontinue or refrain from entering the Website if the user does not agree that the Terms are reasonable.

Waiver and Severability

The failure of ATVC operators to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of the Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement

These Terms constitute the entire agreement between the user and ATVC operators regarding the use and service of ATVC, superseding any prior agreements between the user and ATVC.

Indemnification

The user agrees to indemnify ATVC operators, its subsidiaries and affiliates from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal representation fees, arising out of or in connection with any Content the user posts or shares on or through the Website and the user's conduct in connection with ATVC or with other ATVC users, or any violation of these Terms or of any law or the rights of any third party.

Jurisdiction and Choice of Law

These Terms and any action related thereto will be governed by the laws of New South Wales, Australia without regard to or application of its conflict of law provisions with the user's relevant jurisdiction or residence. All claims, legal proceedings or litigation arising in connection with ATVC will be brought solely in New South Wales, Australia, and the user consents to the jurisdiction of and venue in such courts and waives any objection as to inconvenient forum.

Service Disclaimers

ATVC may be unavailable from time to time due to maintenance or other reasons. ATVC makes no warranty that the Website services will meet the user's requirements or be available on an uninterrupted, secure, or error-free basis. ATVC assumes no responsibility for losses that may arise from any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user uploaded Content.

Breaches of these Terms

Without prejudice to ATVC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ATVC may take such action as ATVC deems appropriate to deal with the breach, including suspending the user’s access to the website, prohibiting the user from accessing the website, blocking computers using the user’s IP address from accessing the website, contacting the user’s internet service provider to request that they block the user’s access to the website and/or bringing court proceedings against the user.

Assignment

ATVC may transfer, sub-contract or otherwise deal with ATVC’s rights and/or obligations under these terms and conditions without notifying the user or obtaining the user’s consent.

The user may not transfer, sub-contract or otherwise deal with the user’s rights and/or obligations under these Terms.

Last Revised 12 September 2012

Privacy Policy

Please note that this policy may change. Please return to this page to review the policy regularly.

1. Commitment of Aviation Theory Virtual Classroom ABN 45 356 259 238 (“ATVC”).

  • ATVC recognises the importance of the user’s privacy and the security of the user’s personal information. ATVC are committed to adopting the highest privacy standards to safeguard the user’s personal information. ATVC, is bound by the National Privacy Principles as set out in the Privacy Act 1988 (Cth) and the Privacy Amendment (Private Sector) Act 2000.
  • ATVC will not sell, trade or rent any user’s personal information to others unless a user has given his or her permission. The user will not receive any unsolicited mail from ATVC unless the user has consented to this.
  • However, ATVC reserves the right to use any images, photographs or videos or the like uploaded by ATVC or the user on the Website for uses such as, but not limited to, provision of material for course work for subsequent users, identification of users on the Website or to facilitate the answering of user questions

2. Information Collection and Use

  • ATVC collects the user’s information through cookies, user names, e-mail submissions and any information the user uploads.
  • ATVC reserves the right to aggregate information and statistics for the purposes of monitoring web site usage. This is in order to help ATVC develop the web site and its service.
  • ATVC may provide such aggregate information to reputable third parties. However, this information will not include information that can be used to identify any individual.
  • With the user’s consent, ATVC will only share non-anonymous information with carefully chosen, reputable and trustworthy third parties. ATVC are not responsible for any breach of security or any actions of any third parties who receive this information.
  • Due to the global Internet infrastructure, the information the user provides ATVC may be transferred outside Australia to areas that do not have similar data protection legislation. By submitting your information you consent to these transfers.
  • ATVC reserves the right to access, disclose and pass on individually identifiable information to comply with applicable laws and lawful government requests, to operate our systems properly and to protect both our users and ATVC.
  • ATVC will not use the user’s information for purposes other than described above unless the user has provided his or her consent or there are specified law enforcement, public health or safety reasons to do so.
  • ATVC may use a user's email address to send updates, a newsletter or news regarding the service.

3. Personal Information Security

  • In compliance with the Privacy Act 1988 (Cth), Spam Act 2003 (Cth) and Mobile Premium Services Code, ATVC will not hold any of the user’s personal information for a time period in excess of those expressly stated in the relevant codes and legislation.
  • ATVC will take reasonable steps to ensure that the personal information ATVC collects, uses or discloses is accurate, complete, up-to-date and stored in a secure environment protected from unauthorised access, modification or disclosure.
  • ATVC will take all reasonable steps to inform the user, generally, the extent of personal information ATVC holds, its purposes and its method of obtainment.
  • Upon your written request, ATVC will provide access to the user’s personal information ATVC may hold, except in certain prescribed circumstances, including emergency situations, specified business imperatives and law enforcement or other public interests.

4. Usage of Cookies

  • This website may store cookies on the browser of the user’s computer to better serve the user upon subsequent visits. 'Cookies' are small pieces of information that are stored by the user’s browser on his or her computer's hard drive. The main purpose of cookies is to identify the user without needing to ask for the user’s details every time he or she accesses the ATVC website.
  • The usage of cookies allows ATVC to track registered or unregistered users as they browse through ATVC. ATVC may use cookies to compute the total number of unique users that are accessing ATVC over a particular period of time. This will allow ATVC to track information about visitors' usage of the site to provide customised content and password protection.
  • However third parties such as advertisers on ATVC’s web site may serve cookies on the user’s browser as well. The purpose of this is to gauge the effectiveness of a particular advertisement. Please note that this process will not enable these third parties to access the user’s personal details. If the user is concerned about cookies, he or she can turn them off in the relevant browser. However, some areas of the website may not work properly in this instance and ATVC reserves the right to use other tracking technologies in the future.

Last Revised 12 September 2012