CAPS Aviation, Inc. TERMS & CONDITIONS FOR TRAINING COURSES
PLEASE READ THIS LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE PROCEEDING WITH THE ONLINE TRAINING COURSE OR IN-PERSON TRAINING. BY USING THE ONLINE TRAINING CONTENT, BY ATTENDING AN IN-PERSON COURSE, BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING OR ACCESSING ANY CAPS AVIATION, INC. TRAINING MATERIAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
The following constitute the terms and conditions to which applicants agree when booking any standard CAPS Aviation, Inc. face-to-face training or e-learning courses (“Terms & Conditions”). CAPS Aviation, Inc. and you shall each be referred to as a “Party” and together as the “Parties” in this Agreement. If you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use the ONLINE documentation or content, whether printed, available online, or provided by CAPS Aviation, Inc. in relation with the training (“Training Materials”). CAPS Aviation, Inc. reserves the right to review and update these Terms & conditions periodically at its sole discretion.
1.1 Standard Training. Standard Face-to-face training and e-learning courses can be booked via the booking forms available on the CAPS Aviation, Inc. website. When you submit a booking for an online course, your submission represents an offer to CAPS Aviation, Inc. to book you onto the course you selected. On submission of the face-to-face training course or e-learning course form you will receive an automated summary email of your selection. CAPS Aviation, Inc. will accept your offer by entering your booking into the CAPS Aviation, Inc. system and sending you an email confirming that you have been booked together with information on starting your learning.
1.2 Custom Training. Custom training engagements can also be contracted through CAPS Aviation, Inc. Mobile Training Services or in the form of a Statement of Work document as described and governed by each CAPS Aviation, Inc. agreement.
2.1 Processing. Training fees can be paid at the point of booking via Square’s secure online payment process if you are in the United States. Payment must be received prior to the start of training or on a case-by-case basis with available pre-approved Net-30 terms. If you elect to pay the fees via Square, all major credit and debit cards are accepted (Visa, MC, Amex, JCB). A receipt will be sent to you by email from CAPS Aviation (capsaviation.com) confirming payment. Square will receive the information needed to verify and authorize your payment card and to process your order and is under strict legal and contractual obligations not to disclose this information to third parties. Please note that if you do not provide accurate details (including type of card and number) or if your credit card company does not authorize payment, your application will be deemed void. CAPS Aviation, Inc. will not accept any liability for costs incurred as a result of applications deemed void in this manner. Sales taxes, if any, are charged at the applicable rate depending on the product and/or customer.
2.2 Duration of Online Access. The purchase of an online training course gives each customer access to the online course and training materials for 30 days, marked for individuals by the successful completion of the payment process and for students using corporate accounts beginning upon the acceptance of the electronic invitation sent to them.
2.3 Electronic Contact. CAPS Aviation will send separate messages to each student with a paid registration through the online portal. A receipt detailing the purchase details, written instructions on how to access the requested course, and eventually a survey requesting feedback on the registration, materials and payment processes.
- Your Obligations
You may not allow anyone else to access the e-training courses via your log-in details. For in-person training you must comply with all health and safety rules and regulations and any other reasonable security requirements that apply to the premises at which the training courses are provided. CAPS Aviation, Inc. reserves the right to remove any student from a training course whose behavior is deemed inappropriate by CAPS Aviation, Inc. or its trainers. In these circumstances, CAPS Aviation, Inc. will neither refund any fees nor reimburse any other costs.
- Limitation of Liability
CAPS Aviation, Inc. does not accept responsibility for anyone acting as a result of information in, or views expressed on, its training courses including course materials. The opinions expressed are those of individual trainers and not necessarily those of CAPS Aviation, Inc. Participants should take professional advice when dealing with specific situations. CAPS Aviation, Inc. is not able to act on behalf of e-learning or face-to-face participants and is not responsible for any costs incurred by failure to obtain a full travel visa.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPS AVIATION, INC. SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGL IGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPS AVIATION, INC.’S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO CAPS AVIATION, INC. FOR THE TRAINING GIVING RAISE TO A CLAIM.
- Warranty and Disclaimer
CAPS Aviation, Inc. ensures that all our training services are delivered diligently and in a good, workmanlike, timely and professional manner consistent with industry standards. The training services will be performed as described in the individual class agendas. CAPS Aviation, Inc. shall provide such trainers to present the training course as it, in its sole discretion, deems fit and CAPS Aviation, Inc. shall be entitled at any time to substitute any trainer with any other person who, in CAPS Aviation, Inc.’s sole discretion, it deems suitably qualified to present the relevant course. CAPS Aviation, Inc. does not warrant that the provision of any content online will always be available or be uninterrupted, timely or error free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions.
Both Parties agree to defend, indemnify, and hold harmless the other Party and its directors, officers and employees from and against any demands, damages, or liabilities (including reasonable attorneys’ fees) arising from a third-party claim that the indemnifying Party caused bodily injury (including death) or damaged real or tangible personal property.
- Ownership and Intellectual Property
All Training Material is owned by CAPS Aviation, Inc. All intellectual property rights in all Training Material available, including the design, graphics and text of all printed materials and the audio of all webinars and podcasts, are owned by CAPS Aviation, Inc. When you are given access to the Training Material, you are granted a non-exclusive, non-transferable, revocable license to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without CAPS Aviation, Inc.’s prior permission. Any such use is strictly prohibited and will constitute an infringement of CAPS Aviation, Inc.’s intellectual property rights.
- Cancelation and Transfer
8.1. Cancellation by Customer.
8.1.1 Face to Face. If you notify CAPS Aviation, Inc. in writing or in person that you wish to cancel a face-to face training course or if you withdraw for any reason before the start date of a course, you may request a refund or you may transfer your place in the course to a substitute date. Substitutions should be notified to CAPS Aviation, Inc. before the start of the course. If you fail to attend the course on which you are booked without giving prior notice to CAPS Aviation, Inc., we may be unable to refund the course fees or offer a transfer to another date.
8.1.2 E-Learning. Once you have accessed an e-learning course or package the fee is nonrefundable. If you cancel any e-learning course or package after accessing the materials, you will not be entitled to any refund.
8.1.3 Transfer to Another. You may not rent, lease, lend or sublicense the log-in credentials provided or created in the registration process, nor any of the CAPS Aviation, Inc. Training Materials used as part of in-person or online courses.
8.2. Cancellation by CAPS Aviation, Inc. In the event of cancellation by CAPS Aviation, Inc., you may elect to receive a full refund of registration fees paid or credit toward alternative class(es). Nevertheless, CAPS Aviation, Inc. will not be responsible for non-refundable tickets purchased or reservations made by you. If a training class is cancelled by CAPS Aviation, Inc. due to any Force Majeure Event as defined in Section 10.4, the Customer is entitled to a full class credit which may be used for another class offered by CAPS Aviation, Inc.
- Confidentiality and Non-Disclosure
Except as otherwise set forth in these Terms & Conditions, each party may disclose to the other party certain confidential or personal information under these Terms & Conditions. Each party agrees that all code, inventions, know-how, business, technical and financial information or any information specifically designated as confidential or that would be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information"). Any CAPS Aviation, Inc. technology, any commercial terms (including pricing) of these Terms & Conditions and any performance information relating to the products shall be deemed Confidential Information of CAPS Aviation, Inc. without any marking or further designation. Except as expressly authorized herein, the Receiving Party will use (and will ensure that its employees, affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party’s Confidential or Personal Information for any purpose other than providing the training contemplated by these Terms & Conditions unless authorized by the Disclosing Party. The Receiving Party's nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).
10.1. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Texas other than conflicts of laws, as applied to agreements entered into and to be performed entirely within Texas between Texas residents. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
10.2 Dispute Resolution: Arbitration, if applicable, will take place in the city where the courts have jurisdiction as set forth in Section 10.1. All negotiations and arbitration proceedings pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration and negotiation shall be English.
10.4 Force Majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency (each a “Force Majeure Event”).
10.5 Entire Agreement and Severability. This Agreement is the entire agreement between you and CAPS Aviation, Inc. relating to the training and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the training or any other subject matter covered by these Terms & Conditions. If any provision of these Terms & Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.