TERMS OF SERVICE
1.1 For the purposes of these terms and conditions, “Advanced Drone Training”, “us”, “our” and “we” refers to Advanced Drone Training ABN 13 904 329 454, www.AdvancedDroneTraining.com.au and www.AdvancedDroneTraining.au, and “you” and “your” refers to you, the client, student, visitor, website user or person using our website and/or engaging our services.
1.2 The below terms (“Terms”) together with our Privacy Policy contain the agreement between you and Advanced Drone Training as to the terms on which you are permitted by us to use the website and/or engage with any of our services, including but not limited to training courses.
1.3 By accessing, browsing or otherwise interacting with this website or otherwise engaging our services, you acknowledge that you have read and understood these Terms and agree to comply with and be bound by them. You must not use the website or our services if you do not agree to these terms.
1.4 Advanced Drone Training owns and operates the website and owns all intellectual property rights on the website and courseware, including all content unless otherwise indicated, and all such rights are specifically reserved. Advanced Drone Training may also be licensed to use content on the website in which the intellectual property rights are owned by third parties. Advanced Drone Training permits you to use and otherwise benefit from the website but only in accordance with these terms and subject to any limitations on the use of any content stored on the website that have been imposed upon Advanced Drone Training by its respective content providers.
1.5 For those of you who undertake a course, we have prepared the course with the most relevant and up-to-date information and or issuance of documents. All efforts are made to ensure the integrity of the information. During your activities after a course delivered by Advanced Drone Training, you take responsibility for your actions in sourcing the most up to date and correct information for your relevant event. The course is provided to prepare you for a range of RPAS activities, should you have any questions relating to your relevant event please be in touch via the website or correspondence email to have any questions or queries clarified before your RPAS operations.
1.6 Advanced Drone Training is not responsible for your BVLOS operations. This implies that your BLVOS operations are your responsibility.
- Any RPAS accidents or incidents whether they are caused by your flight crew or another party will not, in any way be or partly be responsible.
- Advanced Drone Training will not be responsible for any breaches of legislation, rules of the air, procedural errors or violations or any other applicable rule or instrument of approval.
- Any area operations are to be fully investigated for operating limitations including but not limited to; marine parks, forestry, emergency services operations or another type of restrictive flight area
1.6 By being enrolled in a course with us – and whether you enrolled yourself or if someone registered you with your permission – you agree that you will comply with these Terms
1.7 Pricing on the website is inclusive of GST.
1.8 If you have any questions or complaints regarding the website or these Terms, please contact Advanced Drone Training using the details on our Contact page.
1.9 THe BVLOS courses are specially designed to teach you relevant non-technical skills that will enable you to perform your BVLOS operations with confidence and efficency, typically in a shorter period of time. Advanced DRone Training’s BVLOS courses offers a range of benefits in helping you to build more in-depth skills and knowledge on top of what you may have already acquired through other CASA-approved courses and licences.
2. AMENDMENT OF TERMS
2.1 We reserve the right to change, modify, add or remove portions of these Terms at any time and at our sole discretion.
2.2 We recommend that you check these terms regularly prior to using our website or engaging our services to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible and the ‘last modified’ prompt at the top of these Terms indicates when these Terms were last amended. In any event, it is your responsibility to keep yourself informed of any changes to these Terms.
3. ACKNOWLEDGEMENTS, DISCLAIMERS AND LIMITATION OF LIABILITY
3.1 A reference to our website includes references to third parties which have contain regulatory information or safety of flight information that will/would pertain to your relevant events. While every effort is made to ensure accurate links are maintained to the third-party sites, Advanced Drone Training does not take responsibility for any information that is provided to you once you leave our website.
3.2 You acknowledge that the BVLOS course does not grant a CASA licence, nor will one be issued to you.
3.2.1 CASA will at some time in the future promulgate an exam for the issuance of a BVLOS “frozen” rating where an examincation is sat and once the minimum requirement of a 70% pass mark is attained and this is reflected on a reprint of your licence you will only then be able to fly BVLOS OCTA.
3.2.2 There is only a theory examination, there is currently no Practical cmponent.
3.2.3 CASA may at some time in the future legislate the BVLOS course for the issuance of a BVLOS licence. If CASA should promulgate this legislation Advanced Drone Training will be in contact with you to provide a refresher BVLOS, currently, there is not a refresher BVLOS course.
3.3 To the maximum extent permitted by law, you acknowledge, agree and warrant that:
(a) The content provided on the website is made available to you on an “as is” basis, and we make no warranties other than those required by law. We do not represent or warrant that this website content is complete, accurate or current. We are not responsible for any errors, inaccuracies, or omissions in, or for any unauthorised material that may form part of, any content contained on the website, regardless of its source or how it came to be located on the website.
(b) The content on this website is for information purposes only and we expressly exclude any and all liability for any loss that you may incur or sustain that in any way relates to or arises out of such content or your use of or reliance on it.
(c) We will not be liable for any loss that you may incur or sustain as a result of this website or its content that in any way relates to or arises out of any circumstance beyond our control, including but not limited to failure by third-party data transmission networks or servers causing the delay, unavailability or other interruption of the website; and
(d) You acknowledge and accept the unavoidable risk that any communication to or from the website may be intercepted, used or interrupted by third parties.
(e) We make no guarantee that this website is free from unauthorised material, unauthorised software, inaccuracies, errors and/or omissions.
(f) You agree that we will not be liable for any loss or delay that you may incur or sustain that in any way relates to or arises out of your use of or activities in connection with the website or any content or linked content, and you release, discharge and indemnify us from and in respect of any and all such liability.
3.4 You need to make your own enquiries to determine if the information on our website or our goods and services are appropriate for your intended use.
3.5 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
3.6 Our supply of goods and services may be subject to certain statutory guarantees and warranties, including under the Australian Consumer Law, or State and Territory laws, which cannot be excluded by contract. For major failures with services, you may also be entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you may be entitled to have problems with the goods and services rectified in a reasonable time. Nothing in this Agreement excludes, restricts or modifies the application of statutory guarantees or any associated rights or entitlements to remedies
3.7 Save for statutory guarantee and warranties, we make no other warranties or other representations under these Terms including but not limited to the quality or suitability of any goods or services supplied. Our liability in respect of these warranties is limited to the fullest extent permitted by law.
3.8 Our liability for any breach of these Terms is limited to:
(a) the supplying of the service to you again;
3.9 This website and its contents are the copyright of Advanced Drone Training – © 2023. All rights reserved.
4. COVID-19
4.1 Advanced Drone Training will use its best efforts to continue to provide goods and services in an uninterrupted and seamless manner despite COVID-19. However, circumstances, laws, and government responses may change rapidly which may affect the delivery of our goods and services. Advanced Drone Training is working hard to comply with all government regulations and health directives and will not offer goods or services if we deem there to be an unacceptable risk, or if we are otherwise prevented from providing goods or services by reason of regulation, or other impediment caused by COVID-19.
4.2 You acknowledge that due to COVID-19, there may be:
(a) Rescheduling of the course.
4.3 If we cancel your order, we will provide you with a full refund. We will otherwise not be liable for any loss that you may incur or sustain that in any way relates to COVID-19, including but not limited to delays in processing orders.
5. THIRD-PARTY CONTENT
5.1 Our website or other platforms may provide links to third-party websites, advertisements, documents and other information that is relevant or complementary to our product offering (Third-Party Content).
5.2 Any links, display or hosting of Third-Party Content does not necessarily imply sponsorship, endorsement, approval or any arrangement between us the Third-Party Content or its owners.
5.3 Any Third-Party Content is not under our influence or control, and we take no responsibility for any Third-Party Content, and you agree to assume all risk in respect of your viewing and/or access and/or reliance on any Third-Party Content.
5.4 Where we have made a recommendation, or are construed as making a recommendation, of any Third-Party Content, you must conduct your own investigations as to the suitability or otherwise of any Third-Party Content.
5.5 Your access and use of any Third-Party Content may be subject to the terms and conditions of the owner of that contact.
PRIVACY POLICY
6. YOUR PRIVACY
6.1 At Advanced Drone Training, we are committed to protecting your privacy. We use the information that you provide to us or that we collect about you, in order to provide you with the most relevant services for your needs.
6.2 You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by third-party secure servers. All the customer data Advanced Drone Training collects is secured against unauthorised use or access. Credit card information is not stored by us.
6.3 Advanced Drone Training respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please see our Privacy Policy.
7. USE OF OUR WEBSITE AND SERVICES
7.1 We may limit the access and/or use of the whole or any part of our website or services to or by any person, geographic area or jurisdiction we deem fit in our sole and unfettered jurisdiction.
7.2 Subject to these Terms, you may use the information on our public website pages for personal or educational purposes but are not permitted to access or use the information on our website for commercial exploitation.
7.3 If our website contains documentation that is provided only in electronic form, you may print one copy of such documentation for your own personal or educational use, but commercial use is explicitly prohibited.
7.4 Unless expressly authorised by us in writing, you are prohibited from doing, or causing any third party to do, any of the following in respect of our website, course materials or other services provided by us:
(a) use any part of the website or our services through any means not provided or intended by us;
(b) use any part of the website contrary to any directions, instructions or policies contained in the terms or elsewhere on the website;
(c) use or permit any other person to use any administration pages forming part of the website or our services;
(d) use the website or our services for any fraudulent or unlawful purpose;
(e) submit any information to us, whether via the website or otherwise, that is not entirely true and accurate or that is misleading or deceptive or likely to mislead or deceive;
(f) impersonate any person or other user when communicating with us;
(g) enter or store any personal information or sensitive information relating to any person other than yourself in any part of the website unless the person to whom such information relates has accepted these Terms and has authorised you to do so on their behalf;
(h) interfere with or disrupt, or attempt to interfere with or disrupt, the operation or usability of any part of the website or the servers or networks used to make the website available, or otherwise violate any requirements, procedures, policies or regulations of such networks;
(i) reproduce, duplicate, copy, sell, resell or otherwise exploit any part of (including use of) the website or its content for commercial gain;
(j) systematically download the whole or any part of the website;
(k) make or distribute copies of the website or any part of it (including any content stored on the website);
(l) transfer, share, disclose or licence any access codes relating to the website or to your right to use any part of the website to or with any other person, whether for value;
(m) adapt, alter, delete, modify, or translate any part of the website (including any content on the website);
(n) upload any unauthorised material to the website;
(o) remove, disable or circumvent any proprietary notices or labels, or security or operational features contained on or within the website or any part of it;
(p) make any part of this website or any course materials available to any third party by way of lease, sale, license or otherwise;
(q) use the website or course materials to develop a competitive good or service;
(r) modify any course materials or its components or remove any proprietary rights or markings, deface, or otherwise make any derivative works based on the course materials or any aspect of our services;
(t) reverse engineer, decompile or disassemble any aspect of our website except to the extent permitted by law;
(u) do anything that may expose source code or bypass or circumvent any mechanisms or barriers to access information not available as part of our website;
(v) introduce or infect any part of our website with any virus, spyware, trojan horse, worm or any other element that is harmful or potentially harmful or intended to damage, hijack or otherwise adversely affect our website or any part or component of our website;
(w) use any data mining, robots, spider or similar data gathering or extraction methods to scrape or extract data from our website or their components;
7.5 You must remove any unauthorised or unsuitable material you have uploaded to any part of the website, or any account you have with us, immediately upon being directed by us to do so.
7.6 We reserve the right to remove, delete and/or destroy any unauthorised or unsuitable material you have uploaded to any part of the website, or any account you have with us, without first directing you to do so and without giving you prior notice of our intention to do so or reasons for our doing so.
7.7 If you think there has been a mistake or an operation you did not authorise in relation to an account you have with us, or if you think there are any faults in any part of the website, you must inform us immediately using the details on our Contact page.
7.8 Nothing contained on the website, or our services is intended to or should be construed as granting any license or right to use any trade names or trademarks or any other intellectual property without the express prior written consent of the owner. You must not use our intellectual property rights in connection with any product or service that is not ours or in any manner that is likely to cause confusion, endorsement or partnership with us without our explicit written permission.
8. INDEMNITY
8.1 You agree to defend, indemnify and hold us and our content providers harmless from and against all claims and liabilities that in any way relate to or arise out of:
(a) Your access to, use of, and your activities in connection with our website, course materials or any content or linked content we provide on or via the website;
(b) your breach or alleged breach of any of these Terms; or
(c) any infringement by you of any intellectual property rights owed by us or our content providers.
9. ENTIRE AGREEMENT
9.1 These Terms, along with our Privacy Policy, and where you are enrolled in a course (collectively referred to as the “Agreement”), constitute the entire agreement between you and Advanced Drone Training in relation to your access and use of our website, its content, and in relation to any course in which you are enrolled.
9.2 The Agreement supersedes any prior representations made by us, whether express or implied, discussions, undertakings, communications or advertising relating to the website or our services.
9.3 No other term is to be included in the Agreement except where required by legislation. All implied terms except those implied by statute and which cannot be expressly excluded are excluded.
10. SEVERABILITY
10.1 Where any clause of these Terms is deemed to be illegal, void, or unenforceable by a Court or Tribunal of competent jurisdiction, then such a clause will not apply and will be deemed never to have been included in these Terms (Severed Clause).
10.2 In the event of a Severed Clause, this will not affect any other clause of these Terms which will remain legal and enforceable.
11. JURISDICTION AND GOVERNING LAW
11.1 These Terms shall be governed by and construed in accordance with the laws of the State of Western Australia, Australia, and any applicable laws of the Commonwealth of Australia.
11.2 Any legal proceedings concerning these Terms must be commenced, heard and determined in Western Australia, in accordance with the law of the State of Western Australia in a Court of competent jurisdiction.
11.3 You submit to the exclusive jurisdiction of the courts of Western Australia and courts competent to hear appeals from those courts.
12. TERMINATION
12.1 You agree to be bound by these Terms until terminated. We may at any time and for any reason terminate your use of the website and upon such termination, your right to use the website will immediately cease. You agree that we will not be liable to you or any third party for any termination of your use of the website.
12.2 When you engage in our paid services, the Student Handbook sets out how our Agreement with you may be terminated.
12.3 We may take any steps we believe are appropriate to enforce or verify compliance with any part of these Terms.
13. FORCE MAJEURE CLAUSE
13.1 In the event of force majeure, such as floods, fires, war, sudden illness, global pandemic, earthquakes, hurricanes, flight cancellation due to strikes and staff shortages, terrorism, and other such events or threats of such events that are beyond the control, Advanced Drone Training reserves the right to stop or review and alter the cancellation policy that is applicable under normal circumstances. If the course cannot be delivered due to any circumstances beyond control, refunds will not be issued.
13.2 Advanced Drone Training is unable to accept responsibility for the failure of the instructor or invigilator to appear due to unforeseen circumstances that are out of our control such as illness, flight cancellation, bad weather or other such situations.
13.3 Refunds will not be issued to students that fail to show regardless of the circumstances.
13.4 All courses are run subject to a maximum number of 10 (ten). In case of course changes due to unforeseen circumstances or an act of God, or force majeure, credit towards the next available course will be issued.
14. BUYING FOR SOMEONE ELSE
14.1 If you have purchased a product or course for someone else then you must make available or known to them these Terms & Conditions and by their enrolment or attendance they shall be deemed to have accepted same. Where a person purchases a product for a minor the purchaser shall be responsible for the product and is the authorised representative for the minor.
15. SALE AND PROMOTIONS
15.1 Acceptance. By using or attempting to use redemption codes for an offer, you agree to accept and be bound by these terms and conditions.
15.2 Offer Period. Promotions are only available for a limited time only, for as long as it is advertised on www.AdvancedDroneTraining.com.au (and www.AdvancedDroneTraining.au). Advanced Drone Training has the right to cancel or change any promotion at any time without notice and at its sole discretion.
15.3 Conditions. Promotions are not valid for cash or cash equivalent. Promotions cannot be applied to previous purchases nor combined with any other offers or discounts including price matching of any other retailer.
15.4 Promotions may not be combined with any other offers unless explicitly noted. Promotions will not always be replicated in other areas of the world wide web.
15.5 Offers are non-transferable. All monetary amounts specified in these terms and conditions are in Australian dollars (AUD). Promotions may be subject to availability.
15.6 ‘Excluded Items’ means sale items, non-CASA courses, AROC courses, and electronic Gift Cards unless otherwise stated.
15.7 Redemption. Prices are as marked. A coupon code cannot be used in conjunction with any other offer.
15.8 Refunds. Refunds and exchanges are subject to Advanced Drone Training refund policy. If you seek a refund on any item purchased using a promotional offer, the value of the discount will not be refunded to you.
15.9 Changes. Advanced Drone Training reserves the right to vary the terms and conditions of the offer at the company’s own discretion.
16. OFFERS
16.1 From time to time we may run promotions on our website which are subject to both these Terms and any additional promotion-specific Terms which are incorporated into these Terms by reference. You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the Terms of the applicable promotion(s).
16.2 Purchases made during a promotional period do not qualify for change-of-mind refunds or free returns under the company T&Cs. This does not affect your statutory rights.
16.3 Site-wide offers include all published products onsite unless stated otherwise.
17. REFUND POLICY
17.1 Courses must be paid for in full prior to course attendance. Advanced Drone Training payment terms are immediate on the website unless a purchase order is issued and accepted upon booking.
17.2 Once training has been booked and paid for, it can be transferred to another date free of charge subject to the availability of other bookings on your provisional date. Students can transfer courses up to ten (10) business days from course commencement – to transfer a course, students are to email team@advanceddronetraining.com.au Should a course date be transferred closer than ten (10) business days to course commencement fees may apply.
17.3 Should a cancellation occur within (7) business days of course commencement 50% of the course fees will be charged.
17.4 Should a cancellation occur within (3) business days of course commencement 100% of the course fees will be charged.
17.5 Once scheduled training has commenced no refunds are available.
18. SECURITY POLICY
18.1 Advanced Drone Training uses the TO BE ADVISED Payment Gateway for its online credit card transactions. TO BE ADVISED processes online credit card transactions for thousands of merchants, providing a safe and secure means of collecting payments via the Internet.
18.2 All online credit card transactions performed on this site using the TO BE ADVISED gateway are secured payments.
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by Advanced Drone Training or any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within TO BE ADVISED ’s bank-grade data centre, further protecting your credit card data.
- TO BE ADVISED at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Advanced Drone Training.
18.3 For more information about TO BE ADVISED and online credit card payments, please visit TO BE ADVISED