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    Terms and Conditions

    AEROCLASS TERMS AND CONDITIONS APPLICABLE TO CONSUMERS

    SECTION I: GENERAL PROVISIONS

    1 KEY DEFINITIONS

    1.1. In these Terms and Conditions:

    AeroClass, we, our or us means UAB AeroClass, a limited liability company duly incorporated and existing under the laws of the Republic of Lithuania, company code 305623132, having its registered address at Dariaus ir Girėno g. 21A, Vilnius, Lithuania, the data of the company are being collected and stored at the Register of Legal Entities of the Republic of Lithuania, e-mail: [email protected], Tel. No.: +370 698 44698;

    Certificate means an electronic document evidencing and attesting to the fact of the listening and attendance of certain Online Training Courses, i.e. Recorded Video Training or Virtual Classroom Training;

    Consumer means the User (as defined below) who, using the Platform, purchases the Online Training Courses for its personal needs, which are not related to his or her business, trade, craft or professional activities;

    Intellectual Property means all records, documents, software, source code, data, designs, works of authorship and other materials, including any Online Training Courses materials, updates, revisions, examinations, assignments, manuscripts, final reports, and drafts and any other data and documentation, disclosed whether verbally, in paper, electronic form or in other media, made available by AeroClass to the User in connection with these Terms and Conditions and/or the Platform;

    Platform means digital system developed and designed by AeroClass on the Site for the purpose to deliver the Online Training Courses and allow the monitoring of the progress of that online training, i.e. to provide learning materials, interactive tasks and examination (if applicable), which is available through the Site;

    Online Training Courses means aviation related online training courses available on the Site which are organised and developed by AeroClass using a distance learning method in which instructors/lecturers and attendees (the Users) are physically separated and which are delivered to the Users using electronic technical means (e.g. computers, tablets, smartphones with internet access, etc.). For the purpose of these Terms and Conditions, the Online Training Courses include the following products: (i) Recorded Video Training (as defined below); and ii) Virtual Classroom Training (as defined below);

    Recorded Video Training means one of the types of the Online Training Courses available on the Site, i.e. aviation related asynchronous distant online training courses, which are available to the Users when using a recorded video and/or voice presentation, specifically created for the Platform as well as hosted on the Platform;

    Terms and Conditions means the present Terms and Conditions which regulate the contractual relationship between you and AeroClass in relation to the acquisition and provision of the Online Training Courses;  

    User, attendee, you or your means any Consumer who has created the Account on the Site intending to use and acquire the Online Training Courses available on the Site;

    User’s Account means a personal virtual account on the Site, which you create and open when you register to become a User and intending to use and acquire certain Online Training Courses available on the Site;

    Virtual Classroom Training means one of the types of the Online Training Courses available on the Site, i.e. aviation relatedsynchronous online training course during which the Users of the course may, including, but not limited to, interact with the instructors/lecturers and other Users of the Platform directly, participate in Q&A sessions, etc.;

    Site means the website www.aeroclass.org and all related sub-domains of this website.

    1.2 Any other terms used in these Terms and Conditions and not explicitly defined herein, shall have the meanings given in the Site Usage Policy available on the Site.

    2. CONTRACT BETWEEN YOU AND US

    2.1. These Terms and Conditions shall be regarded as a contract of a digital content concluded between AeroClass and the User on the terms of acquisition and provision of the Online Training Courses by using the Site. Such contract shall be deemed concluded when you, using your User’s Account, purchase and pay for the Online Training Courses following the instructions available on the Site. This contract is also governed by the Site Usage Policy, the Privacy Policy and Cookies Policy which are available for your review at any time on the Site and which together with these Terms and Conditions form a single contract of a digital content between you and AeroClass (hereinafter collectively the Official Rules).

    2.2. AeroClass reserves the right to modify these Terms and Conditions and/or any part of the Official Rules and/or information/materials contained on the Site at any time and without separate notice to the User. Subsequent changes to the Terms and Conditions and/or any part of the Official Rules normally serve to improve our offered Online Training Courses. Changes can also be necessary due to changes in applicable legislation and/or the implementation of laws and unforeseeable changes that AeroClass does not initiate and on which AeroClass has no influence and which would – without adjusting or adding to the Terms and Conditions and/or any part of the Official Rules – make the execution of this contract more difficult or impossible. For avoidance of doubt, the User shall be binding on the Terms and Conditions which were applicable at the time of purchasing of respective Online Training Courses, unless mandatory legal acts require otherwise. All the revised and outdated Terms and Conditions, with links to the revised and amended Terms and Conditions, are provided at the end of this document or are made available for your ease reference on the Site.

    2.3. Any deviations from these Terms and Conditions applicable namely and exclusively to you need to be agreed in writing between you and AeroClass by concluding separate agreement which shall automatically be regarded as an integral and inseparable part of these Terms and Conditions, otherwise no deviations from these Terms and Conditions shall be applied.

    2.4. Should you wish to terminate this contract of a digital content concluded between you and AeroClass as per the terms provided in these Terms and Conditions, please contact AeroClass by sending a message via this platform available on the Site by providing all material information necessary for the termination of the contract: https://www.aeroclass.org/contact/ In case additional information is needed in order to terminate the contract as per your request, AeroClass will contact you with no unreasonable delay.

    SECTION II. ONLINE TRAINING ON THE SITE

    3. GENERAL

    3.1 AeroClass undertakes to provide the Users with a virtual access to the purchased Online Training Courses at the Platform only upon receipt of full payment of the price payable for particular Online Training Course. If the User fails to pay the total price payable for particular Online Training Course, AeroClass is not in any case obliged to provide the User with a virtual access to that specific Online Training Course.

    3.2. Payment for the Online Training Courses shall be made by the User following the terms and conditions specified in “Pricing and Payment Methods” under the Section III below.

    3.3. Respective Online Training Course shall be deemed purchased by you and the payment for respective Online Training Course shall be deemed received by AeroClass as follows:

    a) in case of payment by Credit Card – at the moment of payment, i.e. immediately once the price amount is deducted from the Credit Card you use for the payment;

    b) in case of payment by Wire Transfer – at the moment the price amount is credited to our bank account and you are provided with an electronic invoice.

    3.4. When you acquire Online Training Course as per the terms provided herein and following the instructions available on the Site, you automatically and unconditionally confirm that you:

    3.4.1. comply with all the qualificative requirements applicable to attendees of respective Online Training Course which are defined in respective Online Training Course program and/or description of respective Online Training Course program (if applicable);

    3.4.2. are able to read, write and communicate in the language of respective Online Training Course as indicated in the program of respective Online Training Course;

    3.4.3. have a compatible device and its accessories (e.g. web camera) with an internet access (with reliable connection and sufficient speed) providing you with technical possibility to access and attend the acquired Online Training Course; and

    3.4.4. have a technical possibility to use any widely used web browser, e.g. Chrome, Mozilla Firefox, Microsoft Edge, Safari, etc., that is essential for you to attend the acquired Online Training Course.

    3.5. By acquiring any of the Online Training Courses offered on the Site, you confirm your consent to the fact that the Online Training Courses and provision of access to the Online Training Courses are in the sole discretion of AeroClass. As a result, AeroClass reserves the right without giving any reason or notice to you, to change, modify, add, delete or cancel any content offered on the Site (including Online Training Courses) partly or completely. In case of total cancellation or removal of respective Online Training Course which you have already paid for and which has not been fulfilled by AeroClass at the time of its cancellation or removal, the amount paid by you to AeroClass for this particular Online Training Course shall be fully refunded to you within 14 (fourteen) calendar days as of its cancellation or removal. In case of partial cancellation or removal of particular Online Training Course you have already paid for and which has not been fulfilled by AeroClass at the time of its partial cancellation or removal, the amount paid by you to AeroClass for this particular Online Training Course shall be refunded to you proportionally taking into account the extent of particular Online Training Course which was actually completed before the date of its cancelation or removal from the Site within 14 (fourteen) calendar days as of its cancellation or removal. The amount shall be refunded to you in the way that it was paid by you when acquiring the removed/cancelled Online Training Course.

    3.6. Please note that completion of any Online Training Course does not confer any academic credit and/or any qualification admissible by regulatory, governmental or any other authorities. AeroClass makes no express or implied warranties whatsoever that Online Training Courses shall be recognised or otherwise approved by any academic institution or accreditation organisation.

    3.7. By acquiring any of the Online Training Courses offered on the Site you agree and undertake to act ethically, respectfully and properly when actually listening to and/or attending any of the acquired Online Training Courses and overall using the Site or any of its functionalities.

    4. RECORDED VIDEO TRAINING

    4.1. Recorded Video Training is recorded video training material that includes animated slides, training delivery methods management, training sequence control, slideshow, synchronisation with the video course, interactive tests, list of reference material.

    4.2. You shall activate the acquired Recorded Video Training, i.e. start attending and listening to the acquired Recorded Video Training, within the term of 6 (six) months following its acquisition. The term within which you shall complete the listening of a particular Recorded Video Training is 4 (four) months from the activation of such particular Recorded Video Training as stated in this clause above. In case you do not activate the acquired Recorded Video Training or do not complete the listening of a particular Recorded Video Training within the aforestated terms, you will no longer have the access to that particular Recorded Video Training as that particular Recorded Video Training will become inaccessible to you through your User’s Account with no liability on the part of AeroClass. Please note that as long as respective Recorded Video Training acquired by you is accessible to you through your User’s Account, you are free to listen to that particular Recorded Video Training as many times as you may think fit as well as stop the listening or resume it at any time.

    4.3. By acquiring the Recorded Video Training, you will receive an unlimited number of attempts to take a test (if it is applicable in accordance with the program of respective Recorded Video Training).

    4.4. After you complete certain Recorded Video Training, you are provided with an online Certificate of completion. Such Certificate confirms that you successfully attended and listened respective Recorded Video Training. The issued Certificate may be found on the Site using the menu options. You are able to download the Certificate from the Site to your own electronical technical device following the instructions provided on the Site. For the avoidance of any doubts, please note that the issued Certificate does not grant you any rights and (or) privileges neither against AeroClass nor any other third party. The Certificate is a document proving the fact of your afforded possibility to have a full access to the training material available on the Site, however the Certificate does not warrant that such training material has actually been accessed or accessed in full, or that you have fully learned or mastered all the training materials provided. For the avoidance of doubt, in case you do not activate the acquired Recorded Video Training or do not complete the listening of a particular Recorded Video Training within the terms indicated in the Clause 4.2 of these Terms and Conditions, you will not be provided with an online Certificate.

    4.5. By accepting these Terms and Conditions, you acknowledge and agree that your access to a certain Recorded Video Training is activated on the part of AeroClass, i.e. AeroClass provides you with a full virtual technical access to attend and listen to the Recorded Video Training, immediately after the payment for respective Recorded Video Training is received by AeroClass as stated in the Clause 3.3 hereinabove. For the sake of clarity, by accepting these Terms and Conditions you also acknowledge and agree that once AeroClass provides you with an access to attend and listen to respective Recorded Video Training acquired by you, the supply of the digital content shall be deemed started and, therefore, the services of a digital content in respect of that particular Recorded Video Training to be provided to you by AeroClass under these Terms and Conditions, shall be deemed as duly and fully provided.

    4.6. However, by accepting these Terms and Conditions directly on the Site, you have explicitly agreed that you will lose this right of termination with a right of a full refund from the moment AeroClass starts the supply of a digital content, i.e. provides you with a full virtual technical access to your acquired Recorded Video Training as per the Clause 4.5.

    5. VIRTUAL CLASSROOM TRAINING

    5.1. Virtual Classroom Training is an online virtual aviation related teaching and learning environment, where instructors/lecturers and attendees may interact with each other during the training session, including but not limited to, by presenting training materials, working in groups, communicating with each other in respect of the training, etc. The Virtual Classroom Training is organised according to a pre-agreed schedule which is provided and defined on the Site. By acquiring the Virtual Classroom Training, you automatically and unconditionally agree to the content and schedule of the Virtual Classroom Training described and provided on the Site.

    5.2. After you complete certain Virtual Classroom Training, you are provided with an online Certificate of completion. Such Certificate confirms that you successfully attended and listened to respective Virtual Classroom Training and acquired certain training information and materials. An issued Certificate may be found on the Site using the menu options. You are able to download the Certificate from the Site to your own electronical technical device following the instructions provided on the Site. For the avoidance of any doubts, please note that the issued Certificate does not grant you any rights and/or privileges neither against AeroClass nor any other third party. The Certificate is a document proving the fact of your afforded possibility to have a full access to the training material available on the Site, however the Certificate does not warrant that such training material has actually been accessed or accessed in full, or that you have fully learned or mastered all the training materials provided. For the avoidance of doubt, in case you do not attend and complete the acquired Virtual Classroom Training you will not be provided with an online Certificate for attendance in particular Virtual Classroom Training.

    5.3. By accepting these Terms and Conditions, you also acknowledge and agree that once the Virtual Classroom Training acquired by you commences and, accordingly, you are provided by AeroClass with a technical access to attend such Virtual Classroom Training, the services of a digital content in respect of that particular Virtual Classroom Training to be provided to you by AeroClass under these Terms and Conditions, shall be deemed as duly and fully provided.

    5.4. In the event that AeroClass becomes aware that there is a need to re-schedule or otherwise change certain Virtual Classroom Training you have already purchased, due to whatsoever reason and beyond the control of you, AeroClass undertakes to make a reasonable effort to notify you as soon as possible by contacting you via e-mail using your e-mail information provided on the Site when creating/updating your User’s Account. In case you do not agree to participate in the purchased Virtual Classroom Training under the changed conditions, the price paid by you for that Virtual Classroom Training will be fully refunded to you by AeroClass within 14 (fourteen) calendar days following the date of receipt of your disagreement to participate in the purchased Virtual Classroom Training under the changed conditions. Please note that you shall respond to the discussed notification provided to you by AeroClass as soon as practically available, however in any case not later than within 5 (five) business days as of provision of such notification by AeroClass. If you do not respond to AeroClass within this term, AeroClass will automatically treat this as your disagreement to participate in the Virtual Classroom Training under the changed conditions and, therefore, AeroClass will provide you with the refund within 14 (fourteen) calendars days as of the end of the aforestated 5 (five) business days’ term.

    5.5. You are able to terminate this contract of a digital content concluded between you and AeroClass with a right of a full refund from AeroClass within the term of 14 (fourteen) calendar days once you accept these Terms and Conditions and make a payment for a certain Virtual Classroom Training. In case of termination after the end of this term, you cease having a right to a refund.

    5.6. For the sake of clarity, this 14 (fourteen) calendar days term of termination with your right of a full refund as stated in the Clause 5.5 hereinabove, does not apply in case the purchased Virtual Classroom Training is scheduled and commenced before the expiry of that 14 (fourteen) calendar days term, since by accepting these Terms and Conditions on the Site, you have explicitly agreed that you will lose this right of termination with a right of a full refund from the moment the supply of a digital content is started, i.e. you become able to attend the acquired Virtual Classroom Training as per the Clause 5.3 hereinabove.

    SECTION III. PAYMENT TERMS

    6. PRICING, PAYMENT METHODS AND INVOICING

    6.1. Unless otherwise stated herein or directly on the Site, all fees payable for the Online Training Courses shall be paid in US Dollars or Euros.

    6.2. The prices payable for particular Online Training Courses are provided together with other relevant information for that particular Online Training Course. The prices published on the Site at the time of acquisition of respective Online Training Courses are the actual and real prices to be paid by you.

    6.3. The User, seeking to acquire certain Online Training Course, is solely responsible for paying all charges and fees payable for that particular Online Training Course in a manner of a payment accepted on the Site and following the payment instructions available on the Site.

    6.4. The payment methods which are accepted on the Site are the following: a) Credit Card; and b) wire transfer. AeroClass reserves the right, to exclude certain payment methods or to include additional ones at its own discretion and at any time.

    6.5. After each purchase of respective Online Training Course, AeroClass will provide you with an electronic invoice which will be sent to you directly to your User’s Account and/or e-mail provided by you when creating or updating your User’s Account. In case you pay for the Online Training Course via wire transfer, AeroClass will provide you with an electronic invoice within 72 (seventy two) hours once the price amount is duly and fully credited into the bank account of AeroClass.

    SECTION IV: OTHER TERMS

    7. LIABILITY

    7.1. AeroClass gives no guarantee or warranty to the User, that participating in any Online Training Course will success in passing the exams, tests, practical elements and practical assessments or achieve any particular knowledge, skills,  abilities, personal characteristics, other “worker-based” factors or proficiency to qualify for any license, certificate or rating issued by any regulatory agency or governmental authority and AeroClass shall not be responsible for the competence of any User trained.

    7.2. Without prejudice to any rights that AeroClass has under these Terms and Conditions and/or applicable legal acts, should the User breach any of its obligations under these Terms and Conditions (or any part thereof), AeroClass reserves the right to suspend the User’s access to the Platform and/or to the purchased Online Training Course immediately, upon becoming aware of any such breach committed by the User, at its sole discretion and without incurring any liability. Such suspension shall be cancelled by AeroClass within a reasonable period of time once the breach is duly cured by the User at the sole risk and expense of the User.

    7.3. AeroClass shall be liable against the User for direct damages caused to the User in connection with the performance, non-performance or improper performance of the Online Training Courses due to the gross negligence or wilful misconduct of AeroClass, its directors, officers, employee, agents and/or instructors. Liability for any indirect, special or consequential loss (including loss of anticipated profit or data), howsoever arising, shall be limited to the maximum extent permitted by applicable legal acts.

    7.4. The User agrees and undertakes to hold forever harmless and indemnify AeroClass from and against all and any claims, pretences and/or demands brought by any third parties arising out of or in connection with this contract concluded between you and AeroClass, unless such claims, pretences and/or demands are due to the duly proved gross negligence or wilful misconduct on the part of AeroClass.

    8. INTELLECTUAL PROPERTY

    8.1. All the rights, title and interests to the Intellectual Property belong to AeroClass, its subcontractors and/or respective licensors. Purchase, listening or participating in any Online Training Course does not give you any rights whatsoever to the Intellectual Property (or any part thereof) or to the content the User accesses or may access via the Platform/the Site.

    8.2. All trademarks, service marks, trade names and trade dresses used on the Site and/or the content available on the Site are owned by AeroClass and/or AeroClass’ licensors or licensees and the User, using the Site (or any part thereof), will not acquire any rights of whatsoever nature to such trademarks, services marks, trade names and trade dresses.

    8.3. By accepting these Terms and Conditions, the User agrees and undertakes not to reproduce, sell, publish, lend, copy or otherwise use the materials of the Online Training Courses and/or the Site overall contrary to the provisions of the documents forming this contract of a digital content concluded between you and AeroClass.

    8.4. AeroClass states that it will not knowingly include any copyrighted material in its Online Training Course materials available on the Site without receipt of a license or consent.

    8.5. AeroClass respects the intellectual property rights of other persons, and kindly asks its Users to do the same. If you believe that your work containing intellectual property has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify AeroClass via registered mail at the following address: UAB AeroClass, Dariaus ir Girėno g. 21A, Vilnius, Lithuania.

    8.6. To be effective, the aforesaid notification must be in writing and contain the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that has been infringed; a description of where the material is located on the Site; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.

    8.7. If the User fails to comply with the obligations indicated in this Section 8 (“Intellectual Property”), the User shall pay to AeroClass the amount of EUR 5,000 (five thousand euros) as minimal, pre-agreed and undisputable damages of AeroClass (the Amount). The Amount shall be duly paid by the User to AeroClass not later than within the term of 10 (ten) business days upon receipt a written request of AeroClass. The User shall also compensate any other damages incurred by AeroClass in this regard and which are not covered by the Amount.

    9. THIRD PARTY WEBSITES

    9.1. Online Training Courses or third parties may provide links or other access to other sites and resources on the internet from the Site. AeroClass has no control over such sites and resources and AeroClass is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that AeroClass will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with any third parties found while using the Site or any content available on the Site (including the Online Training Courses) are between you and the third party, and, therefore, you agree that AeroClass is not and will not in any case be liable for any loss or damage that you may incur in this regard.

    10. GOVERNING LAW AND DISPUTE RESOLUTION

    10.1. These Terms and Conditions are governed by and shall be construed in accordance with the laws of the Republic of Lithuania.

    10.2. All and any disputes arising out of or related to these Terms and Conditions shall be aimed to be resolved through amicable mutual negotiations between you and AeroClass. If no agreement between you and AeroClass is reached within the term of 14 (fourteen) calendar days upon receipt of a written request/claim, such disputes shall be finally resolved in accordance with the procedure established by the laws of the Republic of Lithuania.

    10.3. If you do not agree with the response of AeroClass to your written request/claim, you have a right to apply to the State Consumer Rights Protection Authority as a body for the consumers disputes settlement in the Republic of Lithuania. Address: Vilnius str. 25, LT-01402 Vilnius, the Republic of Lithuania, tel. No.: (8 5) 262 6751, fax (8 5) 279 1466, e-mail: [email protected]. Website: http://www.vvtat.lt. Applying by the User to the State Consumer Rights Protection Authority shall not deprive the User of the right to apply to the competent court.

    11. FEEDBACK

    11.1. We kindly welcome your suggestions, ideas, comments, and other feedback regarding the Online Training Courses and your experience on the Site (the Feedback). By submitting any Feedback, you automatically grant us the right to anonymously use your Feedback without any restriction or any compensation to you. By accepting your Feedback, AeroClass does not waive any rights to use similar or related Feedback previously known to AeroClass, developed by our employees, contractors, or obtained from other sources.

    12. MISCELLANEOUS

    12.1Should any or several provisions of these Terms and Conditions be ineffective, the effectiveness of the Terms and Conditions as a whole and the effectiveness of the other provisions shall remain unaffected. The ineffective or unfeasible provision shall, insofar as legally permissible, be deemed to be replaced by a legally effective provision which corresponds as closely as possible to the commercial intent and purpose of the ineffective provision. The same is valid for possible omissions in regulations.

    12.2. The failure of AeroClass to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision.

    12.3. In case of discrepancies between the terms of these Terms and Conditions and the Site Usage Policy, the Cookies Policy, the Privacy Policy, the terms of these Terms and Conditions shall prevail and shall be applied.

    12.4. If you have any questions or need any assistance regarding these Terms and Conditions, please contact AeroClass via the following e-mail: [email protected] or by sending a message via this platform available on the Site: https://www.aeroclass.org/contact/. AeroClass will put its best efforts to respond you and provide you with necessary answer/information/instructions within the shortest term possible.

    12.5. These Terms and Conditions are effective as of: 22/11/2021.

    AEROCLASS TERMS AND CONDITIONS APPLICABLE TO BUSINESS CLIENTS

    SECTION I: GENERAL PROVISIONS

    1. KEY DEFINITIONS

    1.1. In these Terms and Conditions:

    AeroClass, we, our or us means UAB AeroClass, a limited liability company duly incorporated and existing under the laws of the Republic of Lithuania, company code 305623132, having its registered address at Dariaus ir Girėno g. 21A, Vilnius, Lithuania, the data of the company are being collected and stored at the Register of Legal Entities of the Republic of Lithuania, e-mail: [email protected], Tel. No.: +370 698 44698;

    Business Account a personal virtual account on the Site, which you create and open when you register to become the Client and intending to acquire and use certain Online Training Courses available on the Site for your commercial and/or professional activities and needs;

    Certificate means an electronic document evidencing and attesting to the fact of the User’s listening and attendance of certain Online Training Courses, i.e. Recorded Video Training or Virtual Classroom Training;

    Client, you or your means any legal person which creates the Business Account on the Site and purchases certain Online Training Courses available on the Site with the intention to assign purchased Online Training Courses to any User who will be actually listening and attending particular Online Training Course following the instructions available on the Site.

    Intellectual Property means all records, documents, software, source code, data, designs, works of authorship and other materials, including any Online Training Courses materials, updates, revisions, examinations, assignments, manuscripts, final reports, and drafts and any other data and documentation, disclosed whether verbally, in paper, electronic form or in other media, made available by AeroClass to the Client and/or Users in connection with these Terms and Conditions and/or the Platform;

    Platform means digital system developed and designed by AeroClass on the Site for the purpose to deliver the Online Training Courses and allow the monitoring of the progress of that online training, i.e. to provide learning materials, interactive tasks and examination (if applicable), which is available through the Site;

    Online Training Courses means aviation related online training courses available on the Site which are organised and developed by AeroClass using a distance learning method in which instructors/lectors and attendees (the Users) are physically separated and which are delivered to the Users using electronic technical means (e.g. computers, tablets, smartphones with internet access etc.). For the purpose of these Terms and Conditions, the Online Training Courses include the following products: (i) Recorded Video Training (as defined below); and ii) Virtual Classroom Training (as defined below);

    Recorded Video Training means one of the types of the Online Training Courses available on the Site, i.e. aviation related asynchronous distant online training courses, which are available to the Users when using a recorded video and/or voice presentation, specifically created for the Platform as well as hosted on the Platform;

    Terms and Conditions means the present Terms and Conditions which regulate the contractual relationship between you and AeroClass in relation to the acquisition and provision of the Online Training Courses;  

    User or attendee means any natural person who is assigned by the Client to actually listen and attend the Online Training Courses acquired by the Client on behalf and under the control of the Client and who creates the User’s Account on the Site for this purpose;

    User’s account means a personal virtual account on the Site, which the User creates and opens intending to listen and attend certain Online Training Courses purchased by the Client and assigned to the User.

    Virtual Classroom Training means one of the types of the Online Training Courses available on the Site, i.e. aviation related synchronous online training course during which the Users of the course may, including, but not limited to, interact with the instructors/lectures and other Users of the Platform directly, participate in Q&A sessions, etc.;

    Site means the website www.aeroclass.org and all related sub-domains of this website.

    1.2. Any other terms used in these Terms and Conditions and not explicitly defined herein, shall have the meanings given in the Site Usage Policy available on the Site.

    2. CONTRACT BETWEEN YOU AND US

    2.1. These Terms and Conditions shall be regarded as a contract concluded between AeroClass and the Client on the terms of acquisition and provision of the Online Training Courses by using the Site. Such contract shall be deemed concluded when you, using your Business’s Account, purchase and pay for the Online Training Courses following the instructions available on the Site. This contract is also governed by the Site Usage Policy, the Privacy Policy and Cookies Policy which are available for your review at any time on the Site and which together with these Terms and Conditions form a single contract between you and AeroClass (hereinafter collectively the Official Rules).

    2.2. These Terms and Conditions shall be applicable and regarded as a contract concluded between AeroClass and the Client, i.e. no contractual relationships shall arise between AeroClass and the Users while they use the Online Training Courses purchased on the Site and assigned to them by the Client and under the direct control of the Client.

    2.3. AeroClass reserves the right to modify these Terms and Conditions and/or any part of the Official Rules and information/materials contained on the Site at any time and without separate notice to the Client. Subsequent changes to the Terms and Conditions and/or any part of the Official Rules normally serve to improve our offered Online Training Courses. Changes can also be necessary due to changes in applicable legislation and/or the implementation of laws and unforeseeable changes that AeroClass does not initiate and on which AeroClass has no influence and which would – without adjusting or adding to the Terms and Conditions and/or any part of the Official Rules – make the execution of this contract more difficult or impossible. For avoidance of doubt, the Client shall be binding on the Terms and Conditions which were applicable at the time of purchasing of respective Online Training Courses, unless mandatory legal acts require otherwise. All the revised and outdated Terms and Conditions, with links to the revised and amended Terms and Conditions, are provided at the end of this document or are made available for your ease reference on the Site.

    2.4. Any deviations from these Terms and Conditions applicable namely and exclusively to you need to be agreed in writing between you and AeroClass by concluding separate agreement which shall automatically be regarded as an integral and inseparable part of these Terms and Conditions, otherwise no deviations from these Terms and Conditions shall be applied.

    2.5. Should you wish to terminate this contract concluded between you and AeroClass as per the terms provided in these Terms and Conditions, please contact AeroClass by sending a message via this platform available on the Site by providing all material information necessary for the termination of the contract: https://www.aeroclass.org/contact/ In case additional information is needed in order to terminate the contract as per your request, AeroClass will contact you with no unreasonable delay.

    SECTION II. ONLINE TRAINING ON THE SITE

    3. GENERAL

    3.1. AeroClass undertakes to provide the Client with a virtual access to the purchased Online Training Courses at the Platform only upon receipt of full payment of the price payable for particular Online Training Course. If the Client fails to pay the total price payable for particular Online Training Course, AeroClass is not in any case obliged to provide the Client with a virtual access to that specific Online Training Course.

    3.2. Payment for the Online Training Courses shall be made by the Client following the terms and conditions specified in “Pricing and Payment Methods” under the Section III below.

    3.3. Respective Online Training Course shall be deemed purchased by you and the payment for respective Online Training Course shall be deemed received by AeroClass as follows:

    a) in case of payment by Credit Card – at the moment of payment, i.e. immediately once the price amount is deducted from the Credit Card you use for payment;

    b) in case of payment by Wire Transfer – at the moment the price amount is credited to our bank account and you are provided with an electronic invoice.

    3.4. The Client shall be provided by AeroClass with a possibility to assign the purchased Online Training Courses to any User, i.e. natural person, who will be actually listening or attending particular Online Training Course on behalf of the Client. In order to assign the purchased Online Training Course for particular User, the Client has to follow the instructions available on the Site. The Client acknowledges and agrees that it is entitled to assign 1 (one) acquired Online Training Course to 1 (one) User only and the Client shall ensure and be responsible for the proper implementation of this obligation. The User may attend and listen to particular Online Training Course which was assigned by the Client to the User only upon creation of the User’s Account following the instructions available on the Site. Once the User’s Account is created, the User will be provided with a virtual access to all Online Training Courses specifically assigned to the User by the Client on the Client’s own discretion. 

    3.5. Please note that the Client is responsible for the assignment of the purchased Online Training Courses to the Users on a timely manner according to the activation requirements and schedules applicable to respective acquired Online Training Courses indicated on the Site and AeroClass will not be liable in any case when the access to that particular Online Training Course will become inaccessible to the User through its User’s Account due to the Client’s failure to properly assign the Users to the purchased Online Training Courses.

    3.6. When you acquire any Online Training Course as per the terms provided herein and following the instructions available on the Site and by assigning certain Online Training Courses to any Users, you automatically and unconditionally confirm and ensure that the Users:

    3.6.1. comply with all the qualificative requirements applicable to the attendees of respective Online Training Course which are defined in respective Online Training Course program and/or description of respective Online Training Course program (if applicable);

    3.6.2. are able to read, write and communicate in the language of respective Online Training Course as indicated in the program/description of respective Online Training Course;

    3.6.3. have a compatible device and its accessories (e.g. web camera) with an internet access (with reliable connection and sufficient speed) providing the Users with technical possibility to access and attend the acquired Online Training Course; and

    3.6.4. have a technical possibility to use any widely used web browser, e.g. Chrome, Mozilla Firefox, Microsoft Edge, Safari, etc., that is essential for attendees to attend the acquired Online Training Course.

    3.7. By acquiring any of the Online Training Courses offered on the Site, you confirm your consent to the fact that the Online Training Courses and provision of access to the Online Training Courses are in the sole discretion of AeroClass. As a result, AeroClass reserves the right without giving any reason or notice to you, to change, modify, add, delete or cancel any content offered on the Site (including Online Training Courses) partly or completely.

    3.8. Please note that completion of any Online Training Course does not confer any academic credit and/or any qualification admissible by regulatory, governmental or any other authorities. AeroClass makes no express or implied warranties whatsoever that Online Training Courses shall be recognised or otherwise approved by any academic institution or accreditation organisation.

    3.9. By acquiring any of the Online Training Courses offered on the Site you agree and undertake to act ethically, respectfully and professionally when performing this contract and when assigning any of the acquired Online Training Courses to the Users and overall using the Site or any of its functionalities. The Client shall also take the responsibility and ensure that the Users assigned by the Client for attending and listening to particular Online Training Course will always act in the same manner.

    4. RECORDED VIDEO TRAINING

    4.1. Recorded Video Training is recorded video training material available and published on the Site that includes animated slides, training delivery methods management, training sequence control, slideshow, synchronisation with the video course, interactive tests, list of reference material.

    4.2. The User who was assigned by the Client to listen to respective acquired Recorded Video Training shall activate that Recorded Video Training, i.e. start attending and listening to that assigned Recorded Video Training, within the term of 6 (six) months as of the date of its acquisition by the Client. The term within which the User shall complete the listening of a particular Recorded Video Training is 4 (four) months from the activation of such particular Recorded Video Training as stated in this clause above. In case the User does not activate the Recorded Video Training or do not complete the listening of a particular Recorded Video Training within the aforestated terms, the User and the Client will no longer have the access to that particular Recorded Video Training as it will become inaccessible both to the User and the Client through their accounts (Business Account and the User’s Account) with no liability on the part of AeroClass. Please note that as long as respective Recorded Video Training acquired by you is accessible to the User through its User’s Account, the User is free to listen to that particular Recorded Video Training as many times as the User may think fit as well as stop the listening or resume it at any time.

    4.3. Once the User completes certain Recorded Video Training, the User is provided with an online Certificate of completion. Such Certificate confirms that the attendee successfully attended and listened to respective Recorded Video Training. The issued Certificate may be found on the Site using the menu options. The User is able to download the Certificate from the Site to its own electronical technical device following the instructions provided on the Site. For the avoidance of any doubts, please note that the issued Certificate does not grant to the attendee any rights and /or privileges neither against AeroClass nor any other third party. The Certificate is a document proving the fact of the attendee’s afforded possibility to have a full access to the training material available on the Site, however the Certificate does not warrant that such training material has actually been accessed or accessed in full, or that the attendee has fully learned or mastered all the training materials provided. For the avoidance of doubt, in case the User does not activate the Recorded Video Training assigned to the User by the Client or does not complete the listening of a particular Recorded Video Training within the terms indicated in the Clause 4.2 of these Terms and Conditions, the User will not be provided with an online Certificate.

    4.4. Recorded Video Training assigned by the Client, will receive an unlimited number of attempts to take a test (if it is applicable in accordance with the program/description of respective Recorded Video Training).

    4.5. Please note that virtual access to respective purchased Recorded Video Training is activated on the part of AeroClass, i.e. AeroClass provides you with a full virtual technical access to assign the Users for the purpose to enable the Users to attend and listen to the Recorded Video Training, immediately after the payment for respective Recorded Video Training is received by AeroClass as stated in the Clause 3.3 hereinabove. However, the Users shall have a full virtual technical access to attend and listen to the Recorded Video Training only and if the User is assigned to this particular Recorded Video Training by the Client following the instructions provided on the Site.

    4.6. Please note that once the Client acquires and pays for respective Recorded Video Training, the Client shall not in any case and under any circumstances qualify for a refund or any part thereof, unless otherwise explicitly stated herein or agreed between the Client and AeroClass in writing under a separate agreement.

    4.7. In the event respective acquired Recorded Video Training is cancelled/removed from the Site by AeroClass and due to the reasons beyond the control of the Client, the Client shall be given with a course coupon in an amount equal to the net price paid for that respective cancelled/removed Recorded Video Training, which shall be valid for 1 (one) year from the date of its issue. Alternatively, the net price paid by the Client for the cancelled/removed Recorded Video Training shall be fully refunded to the Client with no unreasonable delay in case the Client so explicitly requests.

    5. VIRTUAL CLASSROOM TRAINING

    5.1. Virtual Classroom Training is an online virtual aviation related teaching and learning environment, where instructors/lecturers and attendees may interact with each other during the training session, including but not limited to, by presenting training materials, working in groups, communicating with each other in respect of the training, etc. The Virtual Classroom Training is organised according to a pre-agreed schedule which is provided and defined on the Site. By acquiring the Virtual Classroom Training, you automatically and unconditionally agree to the content and schedule of the Virtual Classroom Training described and provided on the Site.

    5.2. Once the User completes certain Virtual Classroom Training, the User is provided with an online Certificate of completion. Such Certificate confirms that the User successfully attended and listened to respective Virtual Classroom Training and acquired certain training information and materials. An issued Certificate may be found on the Site using the menu options. The User is able to download the Certificate from the Site to its own electronical technical mean following the instructions provided on the Site. For the avoidance of any doubts, please note that the issued Certificate does not grant the User any rights and/or privileges neither against AeroClass nor any other third party. The Certificate is a document proving the fact of the User’s afforded possibility to have a full access to the training material available on the Site, however the Certificate does not warrant that such training material has actually been accessed or accessed in full, or that the User has fully learned or mastered all the training materials provided. For the avoidance of doubt, in case the User does not attend and complete the Virtual Classroom Training assigned by the Client the User will not be provided with an online Certificate for attendance of that particular Virtual Classroom Training.

    5.3. In the event that AeroClass becomes aware that there is a need to re-schedule or otherwise change certain Virtual Classroom Training you have already purchased, due to whatsoever reason and beyond the control of you, AeroClass undertakes to make a reasonable effort to notify you as soon as possible by contacting you via e-mail using your e-mail information provided on the Site when creating/updating your Business Account. In case you disagree with the changed conditions of your purchased Virtual Classroom Training, the price paid by you for that particular Virtual Classroom Training will be fully refunded to you by AeroClass within 30 (thirty) calendar days following the date of receipt of your disagreement with the changed conditions of your purchased Virtual Classroom Training. Please note that you shall respond to the discussed notification provided to you by AeroClass as soon as practically available, however in any case not later than within 3 (three) business days as of its provision. If you do not respond to AeroClass within this term, AeroClass will automatically treat this as your agreement to participate in the Virtual Classroom Training under the changed conditions and, therefore, AeroClass shall not be obliged to provide you with the refund (or a part thereof) or any other compensation.

    5.4. In the event of cancellation of the Virtual Classroom Training by the Client due to any possible reasons and beyond the control of AeroClass, the Client shall be refunded by AeroClass in accordance with the following terms:

    5.4.1. if the cancellation notice is received by AeroClass at least 30 (thirty) calendar days before the commencement of respective Virtual Classroom Training – 100% of the paid price for the Virtual Classroom Training being cancelled shall be refunded to the Client within the term of 30 (thirty) calendar days;

    5.4.2. if the cancellation notice is received by AeroClass between 30 (thirty) and 14 (fourteen) calendar days before the commencement of respective Virtual Classroom Training – 50% of the paid price for the Virtual Classroom Training being cancelled shall be refunded to the Client within the term of 30 (thirty) calendar days;

    5.4.3. if the cancellation notice is received by AeroClass between 14 (fourteen) and 7 (seven) calendar days before the commencement of respective Virtual Classroom Training – 25% of the paid price for the Virtual Classroom Training being cancelled shall be refunded to the Client within the term of 30 (thirty) calendar days;

    5.4.4. if the cancellation notice is received by AeroClass later than 7 (seven) calendar days before the commencement of respective Virtual Classroom Training being cancelled – no refund shall be granted to the Client.

    5.5. In the event the Virtual Classroom Training is cancelled and removed from the Site by AeroClass and due to the reasons beyond the control of the Client after the price for such Virtual Classroom Training has been already paid by the Client, AeroClass will issue a credit note which may be used by the Client for acquisition of any subsequent Virtual Classroom Training offered on the Site scheduled within 1 (one) year period following the aforesaid cancellation. Alternatively, the net price paid by the Client for the cancelled/removed Virtual Classroom Training shall be fully refunded to the Client with no unreasonable delay in case the Client so requests.

    SECTION III. PAYMENT TERMS

    6. PRICING, PAYMENT METHODS AND INVOICING

    6.1. Unless otherwise stated herein or directly on the Site, all fees payable for the Online Training Courses shall be paid in US Dollars or Euros.

    6.2. The prices payable for particular Online Training Courses are provided together with other information relevant to that particular Online Training Course. The prices published on the Site at the time of acquisition of respective Online Training Courses are the actual and real prices to be paid by you.

    6.3. The Client, seeking to acquire certain Online Training Course, is solely responsible for paying all charges and fees payable for that particular Online Training Course in a manner of a payment accepted on the Site and following the payment instructions available on the Site.

    6.4. The payment methods which are accepted on the Site are the following: a) Credit Card; and b) wire transfer. AeroClass reserves the right, to exclude certain payment methods or to include additional ones at its own discretion and at any time.

    6.5. After each purchase of respective Online Training Course, AeroClass will provide you with an electronic invoice which will be sent to you directly to your Business’s Account and/or e-mail provided by you when creating or updating your Business’s Account. In case you pay for the Online Training Course via wire transfer, AeroClass will provide you with an electronic invoice within 72 (seventy two) hours once the price amount is duly and fully credited into the bank account of AeroClass.

    SECTION IV: OTHER TERMS

    7. LIABILITY

    7.1. AeroClass gives no guarantee or warranty to the Client and/or the User that the User actually participating in any Online Training Course will success in passing the exams, tests, practical elements and practical assessments or achieve any particular knowledge, skills, abilities, personal characteristics, other “worker-based” factors or proficiency to qualify for any license, certificate or rating issued by any regulatory agency or governmental authority and AeroClass shall not be responsible for the competence, qualification and skills of any User trained.

    7.2. Without prejudice to any rights that AeroClass has under these Terms and Conditions and/or applicable legal acts, should the Client or any User breach any of their obligations under these Terms and Conditions (or any part thereof), AeroClass reserves the right to suspend the Client’s and/or the User’s access to the Platform and/or to the purchased Online Training Course immediately, upon becoming aware of any such breach committed by the Client or the User, at its sole discretion and without incurring any liability. Such suspension shall be cancelled by AeroClass within a reasonable period of time once the breach is duly cured by the Client at the sole risk and expense of the Client.

    7.3. AeroClass shall be liable against the Client for direct damages caused to the Client in connection with the performance, non-performance or improper performance of the Online Training Courses due to the gross negligence or wilful misconduct of AeroClass, its directors, officers, employees, agents and/or instructors. Liability for any indirect, special or consequential loss (including loss of anticipated profit or data), howsoever arising, is explicitly excluded, even if AeroClass has been advised of such potential loss. AeroClass will also not be responsible for any damage resulting from any computer viruses arising from software installed on attendee’s, participating in respective Online Training Course, computer systems.

    7.4. The Client agrees and undertakes to hold AeroClass forever harmless and indemnify AeroClass from and against all and any claims, pretences and/or demands brought by any third parties arising out of or in connection with this contract concluded between the Client and AeroClass, unless such claims, pretences and/or demands are due to the duly proved gross negligence or wilful misconduct on the part of AeroClass.

    7.5. The Client shall compensate all and any damages incurred by AeroClass due to the Client’s breach of any of obligations assumed by the Client under the Official Rules (or any part thereof).

    8. INTELLECTUAL PROPERTY

    8.1. All the rights, title and interests to the Intellectual Property belong to AeroClass, its subcontractors and/or respective licensors. Purchase, listening or participating in any Online Training Course does not give you or the Users any rights whatsoever to the Intellectual Property (or any part thereof) or to the content the User or you access or may access via the Platform/the Site.

    8.2. All trademarks, service marks, trade names and trade dresses used on the Site and/or the content available on the Site are owned by AeroClass and/or AeroClass’ licensors or licensees and the Client and/or the User, using the Site (or any part thereof), will not acquire any rights of whatsoever nature to such trademarks, services marks, trade names and trade dresses.

    8.3. By accepting these Terms and Conditions, the Client agrees and undertakes not to reproduce, sell, publish, lend, copy or otherwise use the materials of the Online Training Courses and/or the Site overall contrary to the provisions of the documents forming this contract concluded between you and AeroClass and the Client ensures that the Users will either not conduct any of the above actions.

    8.4. AeroClass states that it will not knowingly include any copyrighted material in its Online Training Course materials available on the Site without receipt of a license or consent.

    8.5. AeroClass respects the intellectual property rights of other persons, and, therefore, kindly asks the Client to do the same an ensure that the Users would also do the same. If you believe that your work containing intellectual property has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify AeroClass via registered mail at the following address: UAB AeroClass, Dariaus ir Girėno g. 21A, Vilnius, Lithuania.

    8.6. To be effective, the aforesaid notification must be in writing and contain the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that has been infringed; a description of where the material is located on the Site; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.

    8.7. If the Client or any User fails to comply with the obligations indicated in this Section 8 (“Intellectual Property”), the Client shall pay to AeroClass the amount of EUR 5,000 (five thousand euros) as minimal, pre-agreed and undisputable damages of AeroClass (the Amount). The Amount shall be duly paid by the Client to AeroClass not later than within the term of 10 (ten) business days upon receipt of a written request of AeroClass. The Client shall also compensate any other damages incurred by AeroClass in this regard and which are not covered by the Amount.

    9. THIRD PARTY WEBSITES

    9.1. The Online Training Courses or third parties may provide links or other access to other sites and resources on the internet from the Site. AeroClass has no control over such sites and resources and AeroClass is not responsible for and does not endorse such sites and resources.

    9.2. You further acknowledge and agree that AeroClass will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with any third parties found while using the Site or any content available on the Site (including the Online Training Courses) are between you or the User (as the case may be) and the third party, and, therefore, you agree that AeroClass is not and will not in any case be liable for any loss or damage that you and/or Users may incur in this regard.

    10. GOVERNING LAW AND DISPUTE RESOLUTION

    10.1. These Terms and Conditions and relations between the Client and AeroClass arising hereof shall be governed by and construed in accordance with the laws of the Republic of Lithuania, including the issues of execution, validity, invalidity and termination hereof.

    10.2. All disputes, controversies or claims which may arise between the Client and AeroClass out of or in relation to these Terms and Conditions and contract concluded between the Client and AeroClass, including termination or breach thereof, shall be resolved amicably by the Client and AeroClass through mutual negotiations. If such dispute, controversy or claim cannot be so settled within 30 (thirty) calendar days as of the date a written notice on such dispute, controversy or claim is received by the Client or AeroClass (as the case may be), the matter shall be finally resolved by the competent courts of the Republic of Lithuania.

    11. FEEDBACK

    11.1. We kindly welcome your suggestions, ideas, comments, and other feedback regarding the Online Training Courses and your experience on the Site (the Feedback). By submitting any Feedback, you automatically grant us the right to anonymously use your Feedback without any restriction or any compensation to you. By accepting your Feedback, AeroClass does not waive any rights to use similar or related Feedback previously known to AeroClass, developed by our employees, contractors, or obtained from other sources.

    12. MISCELLANEOUS

    12.1. Should any or several provisions of these Terms and Conditions be ineffective, the effectiveness of the Terms and Conditions as a whole and the effectiveness of the other provisions shall remain unaffected. The ineffective or unfeasible provision shall, insofar as legally permissible, be deemed to be replaced by a legally effective provision which corresponds as closely as possible to the commercial intent and purpose of the ineffective provision. The same is valid for possible omissions in regulations.

    12.2. The failure of AeroClass to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision.

    12.3. In case of discrepancies between the terms of these Terms and Conditions and the Site Usage Policy, the Cookies Policy, the Privacy Policy, the terms of these Terms and Conditions shall prevail and shall be applied.

    12.4. If you have any questions or need any assistance regarding these Terms and Conditions, please contact AeroClass via the following e-mail: [email protected] or by sending a message via this platform available on the Site: https://www.aeroclass.org/contact/. AeroClass will put its best efforts to respond you and provide you with necessary answer/information/instructions within the shortest term possible.

    12.5. These Terms and Conditions are effective as of: 22/11/2021.