If you agree to the following Conditions, you will be entering into a legally binding agreement with Rotate Aviation Limited.
DEFINITIONS and INTERPRETATION:
“Account” means a single user access account established with Base entitling you, the Customer to book and pay for Services offered for purchase on the Training section of the website.
“Conditions” means the terms and conditions set out in this document.
“Correspondence address” Rotate Aviation Limited, 34 Marley Avenue, New Milton, Hampshire BH25 5LJ, United Kingdom.
“Service Provider” means the organisation responsible for the delivery and development of the Service, Training and Materials.
“Service Provider Terms” means the standard terms and conditions issued by the Service Provider for the provision of the Service to the Customer.
“Service” means a service offered for purchase on the Training Store by the Service Provider and which can be purchased directly from the Service Provider by the Customer. The Customer will be provided with access to the Service Provider’s terms and conditions.
“Training Store” means this online marketplace created and hosted by Base on the Website where Service Providers offer various Services to Customers for purchase.
“Customer” means yourself as the purchaser of the Service.
“Fees” means the fee payable by you the Customer for the Service.
“Materials” means all material supplied to you by the Service Provider which may include online learning material and any other documentation however delivered.
“Order Acknowledgment” means Base’s acknowledgement by e-mail of your offer to purchase the Service from the Service Provider.
“Purchase” means the Customer’s purchase of a Service.
“Base” means Rotate Aviation Ltd (Company No.12766116), a company whose registered address is at 34 Marley Avenue, New Milton, Hampshire, BH25 5LJ, United Kingdom.
“Website” means the website located at www.theaviationbase.com.
1.1 The following rules apply in interpreting the content of these terms and conditions:-
1.1.1 References to “we”, “us” and “our” are references to Base.
1.1.2 References to “you” are references to you the Customer.
1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
1.3 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.4 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.5 A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
1.6 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.7 A reference to writing or written includes e-mail.
1.8 A reference in these Conditions to any other agreement or document referred to in this agreement is a reference to this agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this agreement) from time to time.
1.9 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
USE OF THE TRAINING STORE
2.1 The Training Store is an online platform created by Base to enable:
2.1.1 Service Providers to advertise and offer their Services to Customers.
2.1.2 Customers to purchase Services directly from Service Providers.
2.1.2 Customers to make bookings and pay for the Services through the Training Store.
Customers will contract directly with Service Providers under the provisions of the Service Provider Terms which will be provided to the Customer prior to purchasing the Service. Base does not act as agent for any Service Providers. The Customer must review and accept the Service Provider Terms prior to booking a Service.
2.3 Base reserves the right to amend or replace these Conditions at any time. Any amendments to the Conditions will be published on the Website. It is the Customer’s responsibility to check the Conditions periodically. The Customer’s continued use of the Training Store following the posting of any amendments to the Conditions will constitute acceptance of such amendments. If the Customer does not agree to any amendments of the Conditions, he/she has to cease accessing the Training Store.
2.4 The Customer acknowledges and agrees that
2.4.1 it is using the Training Store as a booking and payment platform only and that the contractual relationship for the content and delivery of the Service will be directly between the Customer and the Service Provider,
2.4.2 Base will not have any liability for any Material or content of any Service supplied by Service Provider or for the failure of the Service Provider to supply the Service or Material for any reason including but not limited to the Service Provider’s insolvency,
2.4.3 it has satisfied itself as to the suitability of a Service advertised on the Training Store prior to purchasing it and entering into an agreement with the Service Provider
2.5 A binding agreement shall come into effect at the time Base issues to the Customer confirmation of Purchase by email.
2.6 All communication between Base and the Customer will be through the email address provided by the Customer. The Customer should communicate with Base using relevant email addresses supplied (which may differ by reference to the subject matter of the intended communication).
ACCEPTANCE OF AN ORDER AND WHO YOUR CONTRACT IS WITH
3.1 Base will issue the Order Acknowledgment upon receipt of the Customer’s credit or debit card authorisation. The Order Acknowledgement confirms Base’s acceptance of a Customer’s offer to purchase a Service. Base is free to accept or decline a Customer’s offer in its sole discretion. At the same time, Base will also inform the Service Provider of the Customer’s successful purchase of the Service.
3.2 No Order Acknowledgment will be issued until Base has received payment in full for the Service or any requirements notified to the Customer by Base have been satisfied.
3.3 The Customer is responsible for ensuring that the information provided by it which leads to:-
3.3.1 the setting up and operation of an Account including the provision of an appropriate email address; and
3.3.2 acceptance of an offer to purchase the Service are correct. The Customer is solely responsible for updating Account details including its email address from time to time should any information provided change.
3.4 The Customer agrees that it is solely responsible for ensuring that it possesses the necessary skills, experience and prerequisites described in the Service Information for any specific Service.
3.5 Any samples, drawings, descriptions other information or advertising on the Training Store, and any descriptions or illustrations contained in Base’s catalogues or brochures, or on the Website are issued or published solely to provide the Customer with an approximate idea of the Service they describe. They do not form part of the contract between the Customer and Base.
INTELLECTUAL PROPERTY RIGHTS AND CONTENT ON THE TRAINING STORE
4.1 The Customer agrees to provide complete, true and accurate information about itself when booking a Service and to keep such information updated and accurate.
4.2 The Service and any Materials are subject to copyright and are intended for the Customer’s individual learning purposes only.
4.3 The Customer agrees that all material, data, software, text, design, graphics, images and other content contained in or delivered via the Training Store or made available by Base in connection with the Training Store is protected by copyright, trademarks or other intellectual property rights. The Customer agrees that it shall use the Training Store only for purposes allowed under these conditions.
5.1 Fees are inclusive of VAT unless indicate otherwise.
5.2 Base will take payment of the Fees from the Customer and process it on behalf of the Service Provider.
5.3 The Customer shall pay the Fees by debit or credit card through the Website. The Supplier uses the third-party payment processor Stripe to process card payments. The Supplier does not store or process any card details on its own servers. All payments must be made in pounds sterling.
5.4 Refunds: The Service Provider Terms will set out its cancellation refunds policy. In the event that the Customer needs to cancel or move attendance of a Service, it is the Customer’s responsibility to discuss this directly with the Service Provider. For a limited time after making a booking for a Service, the Customer has statutory rights to cancel it and obtain a refund in relation to the Fees. The Statutory cancellation rights for every Service are fully set out in the Service Provider Terms. Any communication or dispute in relation to refunds of the Fees must take place between the Customer and the Service Provider directly.
5.5 Base shall not under any circumstances be responsible or liable for any refunds in relation to Fees paid including but not limited to errors in issuing refunds or for lack of funds by the Service Provider to refund Fees. The Service Provider may refund any Fees directly to the Customer or authorise Base to pay the refund to the Customer if the Fee has not been paid over to the Service Provider at the time when the refund application is made.
5.6.1 From time to time, Base may offer discounts on the Services available on the Training Store by issuing Discount Codes. Where Discount Codes are offered, the following terms will apply:
22.214.171.124 Services have to be purchased from the Training Store.
126.96.36.199 Only one Discount Code can be applied per transaction.
188.8.131.52 The Discount Code will be applied on the basket page (before checkout).
184.108.40.206 The Discount Codes are only applicable to services available to buy. It is not applicable to Services that are only advertised as “enquire now”.
220.127.116.11 Discount Codes can be applied to all Services with a “Add to Basket” call to action.
18.104.22.168 The discount offered will be applied to the advertised price of the Service (and could therefore further discount an already discounted service. For example, a Service with a full price of £75, advertised at an 80% discounted price = £15. If a 10% off Discount Code is used in addition, it would further discount the price by £1.50 to £13.50.
22.214.171.124 Base may discontinue Service Discounts at any time.
Neither party’s liability under these Conditions shall exceed the sum equal to the Service Fees you have paid and in no circumstances shall either party be liable (1) for any losses, damages, costs and/or expenses arising from events outside such party’s reasonable control, (2) for any consequential, economic, indirect or special loss howsoever arising, and/or (3) for any loss of profits, revenue, business, opportunity, goodwill, interest or savings (whether direct or indirect) provided nothing in this clause shall be construed so as to exclude or limit a party’s liability for death or personal injury caused by negligence or any other liability which by law cannot be excluded or limited.
Neither party shall be liable for any delay or failure to perform its obligations under this agreement arising from fires, floods, acts of God, strikes, riots or any other cause beyond its reasonable control (“force majeure”) provided the affected party notifies the other immediately and in the case of Base takes all reasonable measures to mitigate the effects of the force majeure on its obligations and to resume the performance of its obligations as soon as possible after the force majeure.
SUSPENSION OF SERVICE
Base will be entitled to suspend and, in appropriate cases, terminate the Customer’s right to the Training Store. The circumstances in which Base may exercise these rights (which Base will do with email notice to yourself) are:
8.1 You are in material breach of any of the terms and conditions of these Conditions including, without prejudice to generality, any payment you have purported to make is in any way voided.
8.2 Base is advised and have reason to believe the advice provided that you have breached any licence right or any third party terms and conditions that you have agreed to become subject to in connection with the Service.
8.3 You act in such a way as to threaten, intimidate or otherwise make threats to any of our staff.
COMMUNICATION PRIVACY AND DATA PROTECTION
9.1 Calls to any helpline or customer service facility provided by Base may be recorded for training and quality assurance purposes.
9.3 The personal information you provide will be passed to the Service Provider in order to complete the booking of a Service.
9.4 If you want to change your options with the Service Provider about their contacting you for surveys or research, or to tell you about services and other learning opportunities, or how they can contact you should contact the relevant Service Provider.
9.5 From time to time it may be in your interests for Base to communicate with third parties who are concerned in any way with the provision of your Service that is made available to you. In accepting these Conditions you agree that we may share relevant personal data with such a third party without prior notification to yourself. This step will only be taken where Base has reason to believe that your interests may be prejudiced should Base not take such action.
All notices sent by you to Base must be sent to our Correspondence address (set out under the definitions in clause 1). We may give notice to you at either your e-mail address or postal address provided to us. Notice will be deemed received and properly served twenty-four (24) hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the email was sent to the specified e-mail address of the addressee.
No waiver by either party of any provision of these Conditions shall be binding unless expressly confirmed in writing.
If any provision of these Conditions is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining provisions of these Conditions.
GOVERNING LAW AND JURISDICTION
These Conditions shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Our website address is: https://theaviationbase.com.
“Rotate Aviation” (referred to as “we”, “us”, “our” or “Rotate Aviation”) in this policy primarily refers to Rotate Aviation Limited. For the purposes of the General Data Protection Regulation 2016/679 (the “GDPR”), Rotate Aviation is the “data controller” of all personal information that is collected and used about Rotate Aviation members and employees. Rotate Aviation Limited is registered at 34 Marley Avenue, New Milton, Hampshire, BH25 5LJ.
Personal Information that You Provide to Us
Personal information is information that can be used to identify, locate, or contact an individual, and includes other information that may be associated with personal information. When you interact with our sites and services, depending on the site or service, we may collect the following personal information directly from you
Account or Registration Information where needed to use our sites and services, and may include your name, address, email address, telephone number, user account name, and password;
Contact Information, which generally includes your name, addresses, email addresses, and/or telephone numbers;
Payment Information where needed to process payments and generally includes your credit or debit card number, expiration date, and card verification number;
Transaction Information, which may include information about how you interact with and use our sites and services, email, other communications, and applications, and how you interact with merchants, business partners, and service providers;
Geographic Location Information but only if your device transmits location data and/or your IP address and you have activated a location-enabled site or service;
Survey Data where needed for the functionality of certain services and generally includes survey questions and responses;
Your Submissions, which generally includes information you voluntarily provide through free form text boxes, forums, document upload, or data retrieval or import;
In each of the above instances, you will know what personal information we collect through our sites and services because you voluntarily and directly provide it to us.
Other Information We Automatically Collect through Cookies and Other Technologies
We or our third-party service providers may collect and store certain technical information when you use our sites and services. For example, our servers receive and automatically collect information about your computer and browser, including, for instance, your IP address, browser type, domain name from which you accessed the site or service, device size and other software or hardware information. If you access our sites and services from a mobile or other device, we may collect a unique device identifier assigned to that device (UDID), type of device, general GPS location, or other transactional information for that device in order to serve content to it and to improve your experience in using the sites or services.
In addition, we or our third-party service providers may collect information about how you use of our sites, including but not limited to, the date and time you visit the sites, the areas or pages of the sites that you visit, the amount of time you spend viewing the sites, the number of times you return to the sites, visits to sites outside our network, preferred language, and other click-stream data.
Our Legal Bases for Processing
We will only collect and process personal information, including sharing it with third parties, where we have a legal basis for such collection and processing. We rely on a number of legal bases, including:
our legitimate interests in providing and improving our sites and services;
our legitimate interests in keeping our sites and services safe and secure;
our third party service providers’ legitimate interests as described in “Other Information We Automatically Collect Through Cookies and Other Technologies” above;
your consent to the processing of your personal information, which you can revoke at any time;
where the processing of your personal information is required to protect your vital interests or those of another person, such as other users of our sites and services;
where the processing of personal information is necessary to comply with a legal obligation such as a law, regulation, search warrant, subpoena, or court order.
How We Use Personal Information
Personal Information that You Provide to Us
We may use the personal information that you provide in one or more of the following ways:
to carry out our obligations arising from your purchase of, or subscription to, our services or any other contract entered into between you and us;
to enable site features such as geographically specific pricing or logging, and retrieving and providing analysis of data;
to send you important notices, such as communications about changes to your account, and our sites’ and services’ terms, conditions, or policies;
to process payments and to send you emails, invoices, receipts, notices of delinquency, alerting you if we need different or updated payment card information or other communications in connection with processing and collecting payments;
to solicit input and feedback to improve our sites and services and customize your user experience;
to enable you to communicate with other site or service users via private messaging or other service specific communication channels;
to contact you via email, telephone, text or chat in a manner required by law;
to meet contractual obligations;
to send you reminders, technical notices, updates, security alerts, support and administrative messages, and service bulletins;
to inform you about new products or promotional offers, or other opportunities which we feel will be of interest to you, and to provide advertisements to you through our sites, email messages, text messages, applications, or other methods of communication;
to manage our sites’ and services’ administration, forum management, or fulfillment;
to provide customer service and technical support;
to administer surveys, sweepstakes, giveaways, contests, or similar promotions or events sponsored by us or our partners;
to prevent fraud or potentially illegal activities, enforce our sites’ Terms and Conditions, or to comply with applicable law;
for internal purposes such as auditing, data analysis, and research to improve our products, services, and communications;
to allow you to sign-up for special offers from third parties through our sites and services;
In addition to the uses described above, we may use personal information that we collect for other purposes that are disclosed to you at the time we collect the information, or with your consent.
Other Information We Automatically Collect Through Cookies and Other Technologies
We may use information collected from you through cookies and other tracking technologies in one or more of the following ways:
to remember you when you return to our sites;
to understand and analyze trends, to monitor usage, and learn about user behavior;
to gather demographic information about our user base as a whole;
to customise ads, content, or offers on our sites and services; and
to conduct market research and measurement in order to improve our sites, content, and services and to make our sites, content, and services more useful for users.
Sharing Personal and Non-Personal Information
We may share your personal information with third parties in the following circumstances:
when we engage third parties to perform services on our behalf, such services include maintenance, hosting, data storage, security, analytics and data analysis, payment processing, marketing, email and text message distribution, customer service, and surveys and sweepstakes;
when you communicate with us by email, submit an online form through our sites and services, request a quote or information, purchase a product or service, or otherwise submit a request through our sites and services, the personal information you provide may be shared with third parties to process or respond to your request, provide you with the products or services you requested;
where necessary to operate our sites and services, your personal information and the contents of all of your online communications on or through our sites and services may be accessed and monitored:
to satisfy any applicable laws or regulations,
to defend ourselves in litigation or a regulatory action,
in order to protect the rights or property of Internet Brands and our subsidiaries and corporate affiliates, including to enforce our sites’ or services’ Terms and Conditions.
when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a subpoena, court order, or search warrant),
where we believe our sites and services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and risk management, and
when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally;
in the event of a merger, acquisition, debt financing, restructure, sale of Internet Brands’ assets by or with another company, or a similar corporate transaction, we may need to disclose and transfer all information about you, including personal information, to the successor company;
we may share information about you with Internet Brands’ subsidiaries and affiliates and companies acquired by or merged with Internet Brands and its affiliates, including without limitation, to enable such acquired or merged companies to advertise to you products and services in which you may be interested.
We may share personal information about you for any other purpose(s) disclosed to you at the time we collect your information or with your consent.
Non-personal information may be shared with our partners who referred you to our site(s) and who may use the data for their market research and measurement purpose. User information may also be shared with our partners who help us deliver ads to you on websites not controlled by us; for instance, when we put a pixel on a conversion page on our site and a marketing partner uses that pixel to optimize the traffic that they send to us.
User Generated Content, Online Communities and Forums, Profiles, Surveys, Reviews and Ratings
Accessing and Updating Personal Information
We encourage you to keep your personal information up-to-date and accurate. The methods for accessing, viewing, correcting, and deleting your personal information will depend on which sites or services you use and their features. You have several choices; for instance:
to view and change the personal information that you directly provided to us, you can return to the web page on our site where you originally submitted the data and follow the instructions on that web page;
to correct or update your account information, you can log into the site or service where you are registered and navigate to your account;
to close your account, you can log into the site or service where you are registered and navigate to your account;
Protecting your privacy and security is important and we also take reasonable steps to verify your identity before granting access to your data.
Please be aware that certain records and information will be retained for specific purposes such as legal, payment, accounting, technical, dispute resolution, enforcement of our sites’ and services’ Terms and Conditions, or customer service. If you have posted comments or user generated content on our site, we may not be able to delete it. Further, we take no responsibility for removing or editing any of your public activities or any submissions or content that is a result of your public activities. We may reject requests that are unreasonably repetitive or impractical, require disproportionate technical effort, or risk the privacy of others.
Storing Personal Information
We retain your personal information while your account is active or as needed to provide you services. Additionally, we may retain personal information even after your account has been closed if retention is reasonably necessary to comply with our legal or regulatory obligations, resolve disputes, prevent fraud and abuse, enforce our Terms and Conditions or any other contract entered into between you and us, or if it is not technically feasible to delete your personal information.
Email and Other Communications
Our sites and services may allow us or other users to communicate with you or other users through our in-product instant messaging services, service-branded emails, and other electronic communication channels.
Opting Out of Requested Communications
Requested communications include, for instance, email newsletters and software updates that may be expressly requested by you or which you consented to receive. After you request such communications, you may “opt-out” of receiving them by using one of the following methods:
selecting the email “opt-out” or “unsubscribe” link, or following the opt-out instructions included in each email communication;
10.3 Opting Out of Transactional or Relationship Communications
Communications that are sent by or on behalf of a user are indicated as being from that user. Communications that are sent by us are indicated as being from us or one of our account or support specialists. Either type of communication may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates, such as appointment reminders. Email communications received from users and our administrative announcements are often transactional or relationship messages, such as requests, reminders, and cancellations. You may not be able to opt-out of receiving certain email messages, although our services may provide a means to modify the frequency of receiving them.
Opting Out of General or Promotional Communications
General communications provide information about products, services, and/or support and may include special offers, new product information, or invitations to participate in market research. You may opt-out of receiving these general communications by using one of the following methods:
selecting the email “opt-out” or “unsubscribe” link, or following the opt-out instructions included in each email communication; or
We may also provide social media features on our sites and services that enable you to share personal information with your social network(s) and to interact with our sites and services. Depending on the features, your use of these features may result in the collection or sharing of personal information about you. We encourage you to review the privacy policies and settings on the social media site(s) with which you interact.
It is important to remember, however, that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our services. We cannot assume responsibility or liability for unauthorised access to our servers and systems. When disclosing any personal or protected health information, you should remain mindful of the fact that it is potentially accessible to the public and, consequently, can be collected and used by others without your consent. Accordingly, you should carefully consider if you want to submit sensitive information that you would not want disclosed to the public and should recognise that your use of the Internet and our sites and services is solely at your risk. You are ultimately responsible for maintaining the secrecy for all your personal information.
Children’s and Minor’s Privacy
Children under the age of 14 are not permitted to use our sites and services. We do not knowingly collect personal information from children under the age of 14 or utilise plug-ins or ad networks that collect personal information through child-directed third-party websites or online services. If we learn that we have collected personal information from a child under 14, we will take steps to promptly delete such information.
If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you.
We are headquartered in the United Kingdom. Our sites and services are hosted and administrated in the United Kingdom or hosted with cloud service providers who are headquartered in the United Kingdom and in other countries. If you are located outside the United Kingdom, be aware that information you provide to us or that we obtain as a result of your use of our sites and services may be processed in, transferred to, and stored in the United Kingdom and in any other countries from where our cloud service providers operate. Please be aware that the privacy laws and standards in certain countries may differ from those that apply in the country in which you reside. By using our sites and services or providing us with your information, you consent to the transfer of your information for processing and storage to the United Kingdom and any other country from where our cloud service providers operate.
EU Privacy Rights
FOR RESIDENTS OF THE EUROPEAN UNION ONLY. Under European data protection law, in certain circumstances, you have the right to:
request access to your personal information;
request correction of your personal information;
request erasure of your personal information;
object to processing of your personal information;
request restriction of processing your personal information;
request transfer of your personal information; and
withdraw your consent.
In addition, you have the right to ask us not to process your personal information for marketing purposes. We will usually inform you (before collecting your personal information) if we intend to use your personal information for such purposes or if we intend to disclose your information to any third party for such purposes.