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Terms of Conditions
LAST MODIFIED 19TH NOVEMBER 2020
1. Definitions
2. Privacy
3. E-learning Platform and equipment
4. Using Our Services over the Internet
5. E-learning accounts
6. Affiliate Program
7. E-learning Fees and Course Duration
8. E-learning course updates
9. External Links
10. Instructor Session fees and Validity Period
11. Copyright and intellectual property rights
12. Limited warranty
13. Liability
14. About these Terms and Conditions
15. Complaints
16. Contact details
1.) DEFINITIONS
Corporate User. A corporate entity or educational or training organization that purchases one or more subscriptions or Learning Content (includes URL's: hyperlinks to external platform providers) to Services for use by its employees or students (“You”, “Your”). Corporate Users shall be responsible for ensuring that each of its Users complies with these terms and conditions.
Course Duration. The period of time during which a subscription to Our E-learning is active.
E-learning. Any English language e-learning course provided by ICAO Standard English, L.L.C.*. (“We”, “Us”, “Our”) and made available to a User, including all associated support provided to the User by Us.
Individual User. An individual that purchases a single subscription to one or more of Our Services for personal use (“You”, “Your”).
Instructor Session. Any instructor-led training provided on the internet by Us and made available to a User, including all associated support provided to the User by Us.
Instructor Session Validity Period. The period of time during which a User may book Instructor Sessions.
Learning Content. Any material supplied by Us to a User in the delivery of Our Services.
Services. The provision of E-learning and/or Instructor Sessions, and associated teaching materials.
User. Any authorized individual who uses Our Services.
2.) PRIVACY
Our Privacy Policy explains how We treat Your personal data and protect Your privacy when You use Our Services. By using Our Services, You agree that We can use such data in accordance with Our Privacy Policy.
3.) E-LEARNING PLATFORM AND EQUIPMENT
Access to Our e-learning is through the Thinkific Inc. (“Thinkific”) platform owned and operated by Thinkific Inc (369 Terminal Ave, #400, Vancouver, British Columbia V6A 4C4, CA). You access Our e-learning via the Internet on personal computers, laptops, tablets, and phones. Whilst Thinkific has made every attempt to make their platform accessible on all computing devices, there are millions of different computing device configurations and We do not guarantee that Our e-learning will work perfectly on every computer or device. You are responsible for the proper selection and configuration of Your computer equipment.
4.) USING OUR SERVICES OVER THE INTERNET
In using Our Services, You are responsible for providing a reasonable Internet connection and You accept that interruptions in Your Internet provision may interrupt Your access to Our Services. We take no responsibility for interruption due to Your internet connection issues. You should ensure that You have appropriate protection against viruses and other security arrangements in place whilst using the Internet.
5.) E-LEARNING ACCOUNTS
A User needs an account to access Our e-learning. Accounts are created as follows:
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Users create an account on Thinkific's platform via URL emailed after an online purchase has been made on ICAO Standard English's website.
In using Our e-learning, You accept that We will collect, process, and store User Account Data and User Response Data in accordance with Our Privacy Policy.
To protect Your Account, keep Your password confidential.
6.) AFFILIATE PROGRAM
Third-party affiliates from hereon after known as "Affiliate Member, You, Yours" will conduct all marketing, client engagement/communications with the public and potential client prospects in accordance and cooperation with our company's Terms and Conditions. All clients either referred, directed and or converted by an Affiliate Member will be subjected to the terminology mentioned above in "1.) Definitions, whether it be Corporate User and our Individual User known as 'You, Your'," in its place in every part set forth in the entirety of these Terms and Conditions. The Affiliate Member is prohibited in infringing on any of Our intellectual property and copyrighted materials, co-creating, up to and including advertising themselves as an employer of, an employee of, and or representative of ICAO Standard English in any form or fashion. The Affiliate Member may use banners, logos, links, and product descriptions only in accordance with these Terms and Conditions and may not misappropriate, defame, misguide and or misdirect potential cliental to alternative sources other than their intended usage provided by Us. All banners, logos, links, and any information pointing to Our products/services descriptions shall only be used to promote ICAO Standard English Courseware™ for securing client purchases, conversions, and traffic directed to www.icaostandardenglish.com. The Affiliate Member will be compensated based on a commission percentage of the total price of each package sold (per transaction or continued subscription associated with the original purchase) by the sole Affiliate Member. The Affiliate Member is prohibited in partnering and or sub-leasing links specified to their name and affiliation with and to agents/entities that pose a conflict of interest. As an Affiliate Member, you will receive Your commission-based payout no later than one month from the date of sale at which You the Affiliate Member's Code and or link were used in accordance with the commission associated sale (whether current or previous, You will receive Your commission payment if you are no longer an Affiliate Member for that sole transaction). Commission percentage of each Affiliate Member may vary and is up to the sole discretion of ICAO Standard English. ICAO Standard English reserves the right to terminate, change, modify, reduce or increase a sole Affiliate Members commission rate at anytime before, during, or after the Affiliate Members' duration of the membership. By signing up and into Our Affiliate Member portal You have entered a legally-binding agreement adhere to these Terms and Conditions and have also agreed to enter a non-compete agreement that prohibits the You the Affiliate Member in duplicating, joining, and or creating a similar product/service for an entire 20 years from the date of signup whether the Affiliate Member remains active or decides to leave at any time. If a Premium Package or a Corporate Package is sold by an affiliate associated with your referral code, half of your commission percentage will be paid out to you as a "lead" for that purchase (*note: "Lead/s" on the following are exempted by referral: White Label, À le carte, and Lite Edition. ). At any point in time, whether the Affiliate Member is active, current, or previously engaged as an Affiliate Member has been found to have violated any term or condition within these Terms and Conditions, Your commission may be withheld entirely, Your membership terminated and legal actions may be filed against You in return for monetary compensation.
7.) E-LEARNING FEES AND COURSE DURATION
Fees paid to Us by You for Our e-learning are non-refundable.
On purchasing Our e-learning, We supply You with a subscription for the specified Course Duration. If You log in to an e-learning course using an access code and or URL then Your course duration will begin from the date You first log in. Course Duration for Corporate Users will be defined by mutual agreement.
Individual users wishing to extend Course Duration should contact ICAO Standard English, directly.
Corporate users wishing to change Course Duration should contact ICAO Standard English, directly. Course Duration may be changed at Our discretion. We reserve the right to charge additional fees for suspension or extension to Course Duration for Corporate Users.
On expiry of the Course Duration:
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Your access to Our e-learning will cease; and
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We may store Your Account Data and Response Data for a period of 2 years.
8.) E-LEARNING COURSE UPDATES
We reserve the right to update Our e-learning content from time to time, in order to ensure that the content is up-to-date. When We publish updates, You may lose Your previous responses and scores for any course module or unit that We update.
9.) EXTERNAL LINKS
Any electronic links from Our Learning Content are provided for information and convenience only, and We have no control over and cannot, therefore, accept responsibility or liability for the content of any linked third party website. We do not endorse any linked websites. Any third party video, audio, image content mentioned, embedded, or displayed on the Thinkific platform is merely a work cited reference and is not included in the purchase, purchases, sales, promotion, promotions of Our Learning Content and Services.
10.) INSTRUCTOR SESSION FEES AND VALIDITY PERIOD
Fees paid to Us by You for Instructor Sessions are non-refundable.
On purchasing Instructor Sessions, We supply You with Instructor Session booking instructions.
We specify the Instructor Session Validity Period to You on Our Website at the point of purchase or at a later date within a reasonable timeframe at Our discretion.
In the event that You wish to extend the Instructor Session Validity Period, You should make another appointment via the "book online" at www.icaostandardenglish.com or advise your instructor before your current Instructor Session's expiry (acceptance is at the discretion of ICAO Standard Eglish). The Instructor Session Validity Period may be extended at Our discretion. We reserve the right to charge additional fees for an extension to the Instructor Session Validity Period.
11.) COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Permission is granted for use of Our Services by individual User subscription.
Users may, for personal use only, save to an individual storage medium and print PDF listening and reading texts from Our e-learning as are necessary for personal learning purposes.
We retain the copyright to Our Learning Content, including but not limited to the right to publish, republish, transmit, sell, distribute, and otherwise use Our Learning Content in whole or in part in electronic and print editions throughout the world, in all languages and in all media of expression now known or later developed, and to license or permit others to do so. Using Our Services does not give You ownership of any Learning Content or intellectual property rights in Our Learning Content.
Any unauthorized broadcasting, transmission, public performance, lending, or sharing of Our Learning Content is prohibited. It is expressly prohibited to copy, reproduce, modify, adapt, decompile or disassemble Our Learning Content in any way, or permit the content of Our Learning Content to be combined with or become incorporated in any other language training or assessment service.
Reproduction, posting, transmission, or other distribution or use of Our Learning Content in whole or in part, in any medium, requires Our written permission, or in the case of third party materials, the owner of that content. You may not alter or remove any copyright or other notice from copies of Our Learning Content.
If You believe that any part of Our Learning Content may infringe the copyrights of another party, please contact us.
We may suspend or stop providing Learning Content to You if You do not comply with Our terms or conditions, or if We are investigating suspected misconduct.
12.) LIMITED WARRANTY
We accept responsibility for ensuring that Our Services are supplied as described and that Our Services shall be supplied to a reasonable standard.
While We have used Our best endeavors to ensure that Learning Content was accurate at the time it was published, We do not warrant that the Learning Content, or on any other site or location referred to in Our Services, is complete or free from error or omission. We make Our services and all the Learning Content contained in it available strictly on the basis that You accept it 'as is' and 'as available', and You should exercise Your own skill and care with respect to the use of the information and material contained in Our Services. Where a User relies on any Learning Content in Our Services, they do so entirely at their own risk.
The contents of Our Services, including the technical, operational, and related information, are provided for language learning purposes only. Our Services are not a substitute for any form of technical or skills-based aviation training and do not constitute professional advice or opinion, and should not be relied upon in this way.
We do not warrant that Our Services will meet Your requirements or that their operation will be uninterrupted or error-free. You acknowledge that it is Your responsibility to ensure that the facilities and functions of Our Services meet Your requirements.
We do not warrant that Users of Our Services will achieve the required or desired standard of language proficiency. We make no warranty, either express or implied, that Users will perform successfully, either linguistically or technically, with aviation training or in their professional roles subsequent to using Our Services.
13.) LIABILITY
We shall not be liable for the perceived failure of Our Services where such failure is attributable to a) the fault of the User, Individual User or Corporate User, b) the unforeseeable or unavoidable actions of an unconnected third party, c) unusual and unforeseeable circumstances beyond Our or Our suppliers’ control, including force majeure.
We specifically exclude any liability whatsoever, to the fullest extent permitted by law, in respect of any loss or damage resulting from or arising from the use of or reliance on Our Services or any material or content accessed through them. You agree to indemnify, defend and hold Us, Our directors, officers, employees or agents, harmless from all claims, causes, costs, expenses, fees (including reasonable legal fees), judgments, liabilities, losses, damages, suits, judgments, litigation costs and attorneys’ fees arising from or relating to Your use of Our Services. To the extent permitted by law, Our total liability and the total liability of Our suppliers and distributors, for any claims arising from the use of Our Services, including any implied warranties, is limited to the Fees You paid to Us.
14.) ABOUT THESE TERMS AND CONDITIONS
We may modify these terms and conditions or any additional terms and conditions that apply to the Services to, for example, reflect changes to the law or changes to Our Services. You should look at these terms regularly. We will post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If You do not agree to the modified terms and conditions for Our Services, You should discontinue Your use of Our Services.
These terms control the relationship between Us and You. They do not create any third-party beneficiary rights.
If You do not comply with these terms and conditions, and We don’t take action right away, this does not mean that We are giving up any rights that We may have (such as taking action in the future). If a particular term is not enforceable, this will not affect any other terms.
The laws of the United States of America will apply to any disputes arising out of or relating to these terms and conditions or the Services. All claims arising out of or relating to these terms and conditions or the Services will be litigated exclusively in the United States of America, and We and You consent to jurisdiction in those courts.
15.) COMPLAINTS
If You feel You have a reason for complaint, You should inform Us as soon as possible. We will then respond to all reasonable complaints and We will do all We can to resolve any problems. We will not be able to respond to complaints made after Course Duration has expired, unless You notified Us of this complaint during the Course Duration and/or Instructor Session Validity Period and You gave Us a reasonable opportunity to respond to this complaint at that time.
16.) CONTACT DETAILS
If You have any questions regarding Our Terms and Conditions, please do not hesitate to contact Us using our contact form on Our contact page at www.icaostandardenglish.com.
(*) Disclaimer: ICAO Standard English, L.L.C. is not in any way shape, or form sponsored by affiliated with, associated with, or a subsidiary of the International Civil Aviation Organization (ICAO) a United Nations specialized agency. If Your intention was to reach or contact the ICAO you can attempt to do so via https://www.icao.int/about-icao/Pages/default.aspx