Terms and conditions

e-learning

Last modified: 8th February 2019.

Definitions

E-learning. Any English language e-learning course provided by Latitude Aviation English Services Limited (“We”, “Us”, “Our”) and made available to a User, including all associated support provided to the User by Us.

Corporate User. A corporate entity or educational or training organisation that purchases one or more subscriptions to e-learning for use by its employees or students (“You”, “Your”). Corporate Users shall be responsible for ensuring that each of its Users complies with these terms and conditions.

Individual User. An individual that purchases a single subscription to one or more of Our e-learning courses for personal use (“You”, “Your”).

User. Any authorised individual who uses Our e-learning.

Course Duration. The period of time during which a subscription to Our e-learning is active.

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Privacy

Our Privacy Policy explains how We treat Your personal data and protect Your privacy when You use Our Services. By using Our Services, You agree that We can use such data in accordance with Our Privacy Policy.

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Platform and equipment

Access to Our e-learning is through the Avallain platform owned and operated by Avallain AG, Gstalden 490, 9062 Lustmühle Switzerland (CHE 109 474 557). You access Our e-learning via the Internet on personal computers, laptops, tablets and phones. Whilst Avallain has made every attempt to make their platform accessible on all computing devices, there are millions of different computing device configurations and We do not guarantee that Our e-learning will work perfectly on every computer or device. You are responsible for the proper selection and configuration of Your computer equipment.

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Using Our e-learning over the Internet

In using Our e-learning, You are responsible for providing the minimum required internet connection (1000 Kbps or faster) and You accept that interruptions in Your internet provision may interrupt Your access to Our e-learning. We take no responsibility for interruption due to Your internet connection issues. You should ensure that You have appropriate protection against viruses and other security arrangements in place whilst using the Internet.

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Accounts

A User needs an account to use Our e-learning. Accounts are created as follows:

  • Users create an account; or
  • An account is created by Us and assigned to a User by Us or by a Corporate User.

Where a User is using an account assigned by a Corporate User, the User accepts that the Corporate User may be able to access, view, edit or disable the User’s account.

In using Our e-learning, You accept that We will collect, process and store User Account Data and User Response Data in accordance with Our Privacy Policy.

To protect Your account, keep Your password confidential.

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License for personal use

Permission is granted for use of Our e-learning by individual User subscription.

You may view Our e-learning electronically.

Users may, for personal use only, save to an individual storage medium and print PDF listening and reading texts from Our e-learning as are necessary for personal learning purposes.

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Fees and Course Duration

Fees paid to Us by You for Our e-learning are non-refundable.

On purchasing Our e-learning, We supply You with a subscription for the specified Course Duration. If you log in to an e-learning course using an access code then Your course duration will begin from the date You first log in. Course Duration for Corporate Users will be defined by mutual agreement.

Course Duration may be suspended or extended at Our discretion. In the event that You wish to suspend or extend Course Duration You should contact info@latitude-aes.aero. We reserve the right to charge additional fees for suspension or extension to Course Duration.

On expiry of the Course Duration:

  • Your access to Our e-learning will cease; and
  • We will store your Account Data and Response Data for a period of 2 years.

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Course updates

We reserve the right to update Our e-learning content from time to time, in order to ensure that the content is up-to-date. When We publish updates, You may lose Your previous responses and scores for any course module or unit that We update.

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Links

Any electronic links from Our e-learning are provided for information and convenience only, and We have no control over and cannot therefore accept responsibility or liability for the content of any linked third party website. We do not endorse any linked websites.

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Copyright and intellectual property rights

We retain the copyright to Our e-learning, including but not limited to the right to publish, republish, transmit, sell, distribute and otherwise use Our e-learning in whole or in part in electronic and print editions throughout the world, in all languages and in all media of expression now known or later developed, and to license or permit others to do so. Using Our e-learning does not give You ownership of any content or intellectual property rights in Our e-learning or the content You access.

Any unauthorised broadcasting, transmission, public performance, lending or sharing of Our e-learning is prohibited. It is expressly prohibited to copy, reproduce, modify, adapt, decompile or disassemble Our e-learning in any way, or permit the content of Our e-learning to be combined with or become incorporated in any other language training course.

Reproduction, posting, transmission or other distribution or use of Our e-learning in whole or in part, in any medium, requires Our written permission, or in the case of third party materials, the owner of that content. You may not alter or remove any copyright or other notice from copies of Our e-learning content.

If you believe that any content included in Our e-learning may infringe the copyrights of another party, please contact us.

We may suspend or stop providing e-learning to You if You do not comply with Our terms or conditions, or if We are investigating suspected misconduct.

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Limited warranty

We accept responsibility for ensuring that Our e-learning is supplied as described and that Our e-learning shall be supplied to a reasonable standard.

While We have used Our best endeavours to ensure that the content of Our e-learning was accurate at the time it was published, We do not warrant that the content of Our e-learning, or on any other site or location referred to in Our e-learning, is complete or free from error or omission. We make Our e-learning and all the content contained in it available strictly on the basis that You accept it 'as is' and 'as available', and You should exercise Your own skill and care with respect to the use of the information and material contained in Our e-learning. Where a User relies on any content in Our e-learning, they do so entirely at their own risk.

The contents of Our e-learning, including the technical, operational and related information, are provided for language learning purposes only. Our e-learning is not a substitute for any form of technical or skills-based aviation training and does not constitute professional advice or opinion, and should not be relied upon in this way.

We do not warrant that Our e-learning will meet Your requirements or that their operation will be uninterrupted or error free. You acknowledge that it is Your responsibility to ensure that the facilities and functions of Our e-learning meet Your requirements.

We do not warrant that Users of Our e-learning will achieve the required or desired standard of language proficiency. We make no warranty, either express or implied, that Users will perform successfully, either linguistically or technically, with aviation training or in their professional roles subsequent to using Our e-learning.

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Liability

We shall not be liable for the perceived failure of Our e-learning where such failure is attributable to a) the fault of the User, Individual User or Corporate User, b) the unforeseeable or unavoidable actions of an unconnected third party, c) unusual and unforeseeable circumstances beyond Our suppliers’ control, including force majeure.

We specifically exclude any liability whatsoever, to the fullest extent permitted by law, in respect of any loss or damage resulting or arising from use of or reliance on Our e-learning or any material or content accessed through it. You agree to indemnify, defend and hold Us, Our directors, officers, employees or agents, harmless from all claims, causes, costs, expenses, fees (including reasonable legal fees), judgments, liabilities, losses, damages, suits, judgments, litigation costs and attorneys’ fees arising from or relating to Your use of Our e-learning.To the extent permitted by law, Our total liability and the total liability of Our suppliers and distributors, for any claims arising from the use of Our e-learning, including any implied warranties, is limited to the Fees You paid to Us to use Our e-learning.

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About these Terms and Conditions

We may modify these terms and conditions or any additional terms and conditions that apply to the Services to, for example, reflect changes to the law or changes to Our e-learning. You should look at these terms regularly. We will post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If You do not agree to the modified terms and conditions for Our e-learning, You should discontinue Your use of Our e-learning.

These terms control the relationship between Us and You. They do not create any third party beneficiary rights.

If You do not comply with these terms and conditions, and We don’t take action right away, this does not mean that We are giving up any rights that We may have (such as taking action in the future). If a particular term is not enforceable, this will not affect any other terms.

The laws of the United Kingdom will apply to any disputes arising out of or relating to these terms and conditions or the Services. All claims arising out of or relating to these terms and conditions or the Services will be litigated exclusively in the United Kingdom, and We and You consent to jurisdiction in those courts.

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Complaints

If You feel You have genuine reason for complaint, You should inform Us as soon as possible. We will then respond to all reasonable complaints and We will do all We can to resolve any problems. We will not, unfortunately, be able to respond to complaints made after Course Duration has expired, unless You notified Us of this complaint during the Course Duration and You gave Us reasonable opportunity to respond to this complaint at that time.

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Contact details

If You have any questions regarding Our Terms and Conditions, please do not hesitate to contact Us at info@latitude-aes.aero

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