ATPLOnline– TERMS AND CONDITIONS

Disclaimer: Our content is intended as examination preparation courses which you can use to prepare for your theoretical aviation exams. Our courses are a self-study platform, however, we may provide limited course assistance at our discretion through the learner help desk available on the site. While we use reasonable attempts to ensure the accuracy and completeness of the content, to the maximum extent permitted by law we make no representation or warranty in relation to it. We make no promises about the usefulness of the content and information on the website. We make no promises as to the likelihood of you successfully passing any exams or flight tests or gaining employment after using our content.

1 Acceptance

1.1 This website is operated by Rocket Works Pty Ltd T/A ATPLOnline ABN 17 614 485 746 (we, our or us) and is available at Https://atplonline.co.nz and may be available through other addresses, channels or apps (collectively called the Site).

1.2 By accessing and/or using our Site, you; each person, entity or organisation using our Site (referred to as you or a user as applicable):

(a) warrant to us that you have reviewed these Terms and Conditions, including our Website Terms of Use (available on the Site) and our Privacy Policy (available on the Site) (Terms), and you understand them;

(b) warrant to us that you have the legal capacity to enter into a legally binding agreement with us and you are at least 18 years of age; and

(c) agree to use the Site in accordance with the Terms.

1.3 Please read the Terms carefully and immediately cease using the Site and our services if you do not agree to these Terms.

1.4 You are required to create an account in order to participate in our online courses (Account). You must ensure that any personal information you give to us when creating an Account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy. If you are accepting these Terms on behalf of anyone else including signing up a Minor (defined below) to courses, you warrant that you have consent to disclose their personal information to us in accordance with our Privacy Policy. It is your responsibility to keep your Account details confidential and you are liable for all activity on your Account, including any purchases made using your Account details.

2 Minors

2.1 You must not create an Account and/or sign up for courses through the Site unless you are at least 18 years of age. If you are under 18 years of age (a Minor) you must ask your parent or legal guardian to sign up for courses through the Site on your behalf and obtain your parent or guardian’s consent to be able to participate in any courses.

2.2 If you are signing up for a course for a Minor you agree to: (i) assume all risks associated with, and liabilities resulting from, the Minor’s participation in the course; (ii) ensure that the course is suitable for the Minor; (iii) ensure all information submitted to us on behalf of the Minor is accurate; and (iv) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

3 Trial Account

3.1 We may offer you a free or trial Account designed to allow you to evaluate the online courses (Free Trial Period) and make sure it is right for you before paying the single price for a course or signing up for a subscription. Any trial period (and the features available during this period) can change at any time without notice. We have the right to terminate any trial Account if you are found to be misusing the Site. If you do not cancel during the Free Trial Period, your paid subscription will start once your Free Trial Period ends.

4 Courses

4.1 You may sign up for courses from us as set out in the course catalogue on the Site. You can sign up for a course by either:

(a) paying the single price for a single course or groups of courses; or

(b) you can sign up for a subscription that allows you access to a number of courses for a monthly or annual fee (Subscription).

4.2 If you sign up for any courses or a Subscription through the Site, this constitutes an offer by you to purchase a particular course or Subscription for the price notified at the time you sign up.

4.3 Each time that you sign up for a course or Subscription this results in a separate binding agreement between you and us for the supply of a course or courses in accordance with the Terms.

4.4 It is your responsibility to verify what you are signing up for, including details of the course or Subscription you have selected and pricing, before you sign up to a course or Subscription.

4.5 When you order and pay on the Site and your payment has been validated, you will be sent a confirmation email. The confirmation email will contain details of your payment, a tax invoice and receipt of payment, further details about what to do next and a link to view your purchased courses or Subscription.

4.6 After purchasing a course or Subscription, you will be able to access the online courses for a period as set out on the Site. After that time, we may remove the course from the Site and you will no longer have access to this content.

4.7 If you have purchased multiple courses at the same time for a set defined period for a set rate (not a Subscription service) you have 36 months to complete these courses from the date of invoice. These courses may be completed at the same time, or sequentially, however once a course is commenced, each individual course has a maximum semester of 12 months but may be less depending on the time remaining on the 36 months maximum time duration.

4.8 From time to time, we may update the content of an online course. Provided that your course semester or subscription is still active, then you will be able to access the updated content through the Site.

5 Subscription details

5.1 Subscriptions automatically renew and you may be charged no more than 24 hours before the beginning of each payment period. Your Subscription will automatically renew based on the Subscription package you choose (e.g. monthly, annually etc). You will be charged the rate stated at the time of purchase (plus applicable taxes, such as goods and services tax (GST) when the stated rate does not include GST and these are applicable) at the beginning of each billing term of your Subscription via the payment method you have provided to our payment processor through our site. Please ensure that your payment information is correct to prevent your Subscription lapsing. It is your responsibility to provide valid payment details and ensure that your payment details are up to date. You may update these at any time by contacting us at the details provided below.

5.2 You may cancel a Subscription at any time before the end of your applicable billing period and the cancellation will apply to the next period. For example, if you purchase a monthly Subscription, you may cancel that Subscription at any time during any month of the Subscription, and the Subscription will be cancelled as of the following month. You will not receive a refund for the current billing period.

6 Points

6.1 We may offer through the Site, a points program, where you may:

(a) earn points for each successful online course you complete (Completed Course); and

(b) earn points for how you scored in each Completed Course, (together the Points Program).

6.2 You may then use these earned points to purchase additional access to our online courses.

6.3 The terms and conditions of the Points Program will be set out on the Site.

7 Refunds

7.1 Subject to applicable law, we do not provide refunds for change of mind or other circumstances other than in accordance with our termination policy set out below.

8 Fees and Payments

8.1 You must pay us the course fee for each course you order or the Subscription fee you sign up for as set out on the Site (the Fees) in accordance with this clause. All amounts are in New Zealand dollars unless otherwise stated.

8.2 Unless otherwise stated our courses are inclusive of GST.

8.3 Unless otherwise stated you must pay the Fees upfront at the time of signing up for a course using our third party payment processor. If you have signed up for a Subscription, you must pay each Subscription Fee by the date or dates as advised in writing by us.

8.4 You must not pay, or attempt to pay, any fees by fraudulent or unlawful means.

8.5 Course fees may change at any time. The fees and terms that apply when you made your initial purchase, or when your Subscription last renewed, will stay in effect for the duration of that Subscription period, but new fees may apply to renewals or new Subscriptions.

9 Forum

9.1 The Site may have a forum on which registered users are able to communicate.

9.2 We ask you to limit your discussions to topics which are relevant to the Site and our online courses.

9.3 We reserve the right to remove any posts which we, in our sole discretion, deem to be inappropriate.

9.4 We are not responsible for the conduct of any user of our Site.

9.5 Your participation on the forum is subject to these Terms and the Website Terms of Use set out on the Site.

10 User Content

10.1 You may be permitted to post, create, upload, publicise or otherwise submit content (Submit), such as pictures and videos on the Site (User Content). You must Submit User Content in accordance with the Website Terms of Use as set out on the Site.

11 Exclusions

11.1 You must not access or use the Site except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights in the courses or the Site. Without limiting the foregoing provisions, you must not and must not permit any other person to:

(a) resell, assign, transfer, distribute or provide others with access to the courses or the Site;

(b) “frame”, “mirror” or serve any of the courses or the Site on any web server or other computer server over the Internet or any other network;

(c) copy, alter, modify, create derivative works from, reproduce to a third party, reverse assemble, reverse engineer, reverse compile or enhance the courses or the Site;

(d) alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the courses or the Site;

(e) use the courses or the Site in any way which is in breach of any applicable local, state, federal and international laws and regulations (Laws) or which infringes any person's rights, including intellectual property rights;

(f) use the courses or the Site to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;

(g) use the courses or the Site in any way that damages, interferes with or interrupts the supply of the courses or the Site;

(h) introduce malicious programs into our hardware and software or our hardware, software and services which are integrated and operate together, including our networks (Systems), including viruses, worms, trojan horses and e-mail bombs;

(i) reveal your Account password to others or allow others to use your Account;

(j) use the courses or the Site to make fraudulent offers of goods or services;

(k) use the courses or the Site to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);

(l) use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the courses or the Site;

(m) send any unsolicited email messages through or to users of the Site in breach of the Spam Act 2003 (Cth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Site in breach of any person’s privacy (such as by way of identity theft or “phishing”);

(n) use the courses or the Site to circumvent user authentication or security of any of your networks, accounts or hosts or those of your customers or suppliers; or

(o) solicit or entice away, any person or organisation that was our actual or prospective, client, employee, contractor, representative, agent, or developer during the agreement.

12 Limitations

12.1 Despite anything to the contrary, to the maximum extent permitted by law:

(a) our maximum aggregate liability arising from or in connection with the Terms (including the courses and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Fees paid by you to us for the courses the subject of the relevant claim; and

(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

12.2 Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

(a) failure or delay in providing the courses;

(b) problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or internet traffic congestion;

(c) loss or damage, including personal injury or death, resulting from using the Site; or

(d) breach of the Terms or any law,

where caused or contributed to by any:

(e) event or circumstance beyond our reasonable control;

(f) participating or downloading materials in connection with the Site; or

(g) act or omission of you or your related parties,

(h) and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the courses.

12.3 You acknowledge and agree that you use the Site and the materials obtained on the Site at your own risk. To the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with your acts or omissions based on the material contained within the online courses.

12.4 Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms attempts to exclude, restrict or modify your Statutory Rights as a consumer under the ACL. Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

13 Intellectual property

13.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to any online courses, videos, guides or other materials (including in connection with the Terms and the online courses) will at all times vest, or remain vested, in us.

13.2 We give you a limited, revocable, non-transferable licence to use, for your personal use, any materials or other content we provide to you as part of our online courses.

13.3 Unless otherwise agreed to by us, you must not, without our prior written consent:

(a) copy or use, in whole or in part, any of our intellectual property;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

(c) breach any intellectual property rights connected with the Site or the courses, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

13.4 This clause will survive termination of your Account.

14 Termination

14.1 We may immediately suspend, terminate or limit your access to and use of the Site and (where applicable) your Account if you breach the Terms and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach.

14.2 You may only terminate your Account by unsubscribing in the Account Page / Manage Subscriptions section of your account settings.

14.3 Subscriptions cannot be suspended.

14.4 We may stop making the Site (or any part of it) available without prior notice. If we do this, any order that we have accepted will not be affected, subject to the Terms.

14.5 If your Account is cancelled (other than for a breach) and you later decide to re-subscribe, you will be charged at the then-current fee. The increase will apply to the next payment due from you after the notice.

14.6 If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and in relation to Subscriptions, you have not cancelled the Subscription within the required time period, your Subscription may automatically be cancelled, and your access revoked. You remain responsible for any uncollected amounts, and we will attempt to charge your payment method. You are responsible for updating your payment method information.

14.7 Subscriptions billed on a monthly or annual basis may be cancelled at any time before your renewal date and are not eligible for a refund. If you cancel your monthly or annual Subscription, you will retain access to your Subscription for the remainder of that month or year. If you do not cancel your Subscription before your renewal date, we will renew your Subscription for one more month if you hold a monthly Subscription, or one more year if you hold an annual Subscription.

14.8 You must, within two business days of the date of termination or expiry of these Terms, copy all your data from the Site and we will allow you access to the Site during this time solely for the purposes of such copy. After this time, we will be entitled to permanently delete all data on the Site.

15 Collection Notice

15.1 We collect personal information about you in order to provide you with your ordered courses and Subscriptions, to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

15.2 We may disclose that information to third party service providers who help us deliver our courses (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our courses to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

15.3 Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

15.4 By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

16 General

16.1 Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms and Conditions without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

16.2 Notices: Any notice given under these Terms and Conditions must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your account/submitting your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 4 business days in the case of post, or at the time of transmission in the case of email.

16.3 Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms and Conditions does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

16.4 Relationship of parties: These Terms and Conditions are not intended to create a partnership, joint venture or agency relationship between the parties.

16.5 Severance: If a provision of these Terms and Conditions is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms and Conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions.

16.6 Assignment: You must not assign any rights or obligations under these Terms and Conditions, whether in whole or in part, without our prior written consent.

16.7 Amendment: We may, at any time and at our discretion, vary these Terms and Conditions by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

16.8 Governing law: Subject to applicable laws, these Terms and Conditions are governed by the laws of Queensland, Australia. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.

For any questions and notices, please contact us at:

Rocket Works Pty Ltd T/A ATPLOnline ABN 17 614 485 746

Email: info@rocketworks.com.au

Last update: 11 March 2019

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