TERMS OF USE
TERMS OF USE
1. INTRODUCTION
1.1 These terms of use (together with the documents referred to in it) (the “Terms of Use”) set out the terms and conditions between “you” (“User” shall have a corresponding meaning) and Universal Aviation Training Ltd (hereinafter “UAT” and “we” and “us” shall have a corresponding meaning) and your use of our website www.e-uat.com (the “Site”) or as a user of our online aviation training platform, which can be accessed through a web-based browser (https://cbt.e-uat.com) or through our mobile application in iOS and / or Android (the “Training Platform”).
1.2 Use of the Site and / or Training Platform includes but is not limited to accessing, browsing and / or downloading documents, registering to use the Training Platform, accessing, browsing and / or downloading training and / or study material (in whatever format) (“Courseware”) and completing test and quizzes in relation to the Courseware.
1.3 The Terms of Use are legally binding on both parties. By clicking that you accept the terms of use and / or terms and conditions of the Site and / or registering as a user on the Training Platform, you acknowledge that you have read the Terms of Use and our Privacy Policy and that you fully understand the contents of the Terms of Use and Privacy Policy and that you agree that your use of the Site and / or Training Platform will be governed by the these Terms of Use, and that you will comply with them.
1.4 Please read these Terms of Use carefully before you start using the Site and / or Training Platform. If you do not agree to these Terms of Use, you must not use the Site and / or Training Platform.
2. PRIVACY POLICY
These Terms of Use should be read in conjunction with our Privacy Policy, which also apply to your use of the Site and / or Training Platform. Our Privacy Policy sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our Site and registering as a user of the Online Platform, you consent to such processing and you warrant that all data provided by you is accurate.
3. INFORMATION ABOUT US
3.1 The Site and Training Platform are owned and operated by Universal Aviation Training Ltd with company registration number C71139, a company duly registered in accordance with the laws of Malta and having its registered office at 35 Mannarino Road, Birkirkara, Malta, BKR 9080. To contact us, please email info@e-uat.com.
3.2 Any service provider and / or client of UAT may rely on the records, representations, warranties and agreements given by you in these Terms of Use and otherwise to UAT as if that service provider and / or client was a party to this Terms of Use.
4. ACCESSING THE SITE AND TRAINING PLATFORM
4.1 The information on the Site is made available free of charge.
4.2 Access to and use of the Training Platform and the information and Courseware thereon is subscription-based in terms of a service level agreement entered into by and between UAT and your employer and / or flight school. The provisions of such aforementioned service level agreement shall take precedence over the provisions of this Terms of Use.
4.3 When you register as a user on the Training Platform, you will be deemed to represent and warrant to us that:
4.3.1 you accept our Terms of Use in your own name, on your own behalf, only for yourself and not on behalf of a third party, as that party’s agent or representative;
4.3.2 you are fully authorised and legally entitled to enter into the Terms of Use and to perform your obligations hereunder;
4.3.3 you will not use our name or any of our trademarks in any way without our prior knowledge and written consent;
4.3.4 you are of a legal age in the country in which you reside;
4.3.5 you have full power and authority to enter into and perform your obligations under this Terms of Use;
4.3.6 all information provided by you in terms of the Terms of Use and / or Privacy Policy and / or your use of the Site and / or Training Platform, is true and correct and we may rely on the truthfulness and correctness of that information.
4.4 UAT does not guarantee that the Site and / or Training Platform, or any content on it, will always be available or be uninterrupted. Access to the Site and / or Training Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site and / or Training Platform without notice. UAT will not be liable to you if for any reason the Site and / or Training Platform is unavailable at any time or for any period.
4.5 You are responsible for making all arrangements necessary for you to have access to the Site and / or Training Platform. You are also responsible for ensuring that all persons who access the Site and / or Training Platform through your internet connection are aware of these Terms of Use and that they comply with them.
4.6 You may not use the Site and / or Training Platform and / or Courseware in any manner or for any purpose other than as expressly permitted by any service level agreement between UAT and your employer and / or flight school and this Terms of Use. Specifically, you may not:
4.6.1 Modify, alter, tamper with, repair or otherwise create derivative works of the Site and / or Training Platform and / or Courseware;
4.6.2 Reproduce, adapt or redistribute the Site and / or Training Platform and / or Courseware;
4.6.3 Use the Site and / or Training Platform and / or Courseware for commercial purposes, other than is provided for in terms of this Terms of Use.
4.6.4 Resell, sublicense, publish or broadcast the Training Platform and / or Courseware or parts thereof.
5. YOUR ACCOUNT AND PASSWORD
5.1 If you register as a user on the Training Platform, you will be provided with a user identification code and a password (“Account Details”). You must treat such information as confidential. You must not disclose your Account Details to any third party.
5.2 UAT has the right to disable your Account Details, whether chosen by you or allocated by UAT, at any time, if you have failed to comply with any of the provisions of these Terms of Use.
5.3 You undertake that you will as quickly as you reasonably can inform us and confirm the information in writing if there is any change in your contact details.
5.4 If you know or suspect that anyone other than you have knowledge of your Account Details, you must promptly notify UAT at info@e-uat.com. Should you become aware of or suspect that any person other than yourself knows your Account Details or has access to your account, you must change your Account Details immediately.
5.5 We may suspend your Training Platform account if we have reasonable grounds to suspect that the confidentiality of your Account Details has been compromised and / or breached and / or you inform us that you know or suspect that your Account Details may be known by or used by an unauthorised person.
5.6 You may not give permission to someone else to use the Training Platform with your Account Details. However, if someone uses your Account Details (irrespective of whether or not that person is doing so with your permission), you will be solely responsible for the use of any information or services obtained or used through the Training Platform. The sole exception to your liability in this instance is where you can prove that the person using your Account Details got them from us as a result of our gross negligence.
6. CHANGES TO THE SITE
UAT may update its Site and / or Training Platform from time to time and may change the content at any time. However, please note that any of the content on the Site and / or Training Platform may be out of date at any given time and UAT is under no obligation to update it. The Site and / or Training Platform is provided on as ‘as is’ basis and UAT does not guarantee that the Site and / or Training Platform, or any content on it, will be free from errors or omissions.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 UAT is the owner or the licensee of all intellectual property rights on the Site and / or Training Platform, relating to content generated by UAT. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. In particular, the trademarks, service marks and logos of UAT and its affiliates used and displayed on the Site and / or Training Platform, same which are our registered and unregistered trademarks, service marks and / or logos. Requests to use trademarks, service marks and / or logos owned by other companies which may be mentioned on the Site and / or Training Platform should be directed to such other companies. We actively and vigorously enforce our intellectual property right. None of our intellectual property may be used in any way, including in advertising or publicity pertaining to distribution of materials on the Site and / or Training Platform, without our prior written permission.
7.2 You must not modify the paper or digital copies of any materials and / or Courseware you have printed or downloaded in any way, and you must not use any illustrations, photographs or any graphics separately from any accompanying text.
7.3 UAT’s status (and that of any identified contributors or users of the Training Platform) as the authors of content on the Site and / or Training Platform must always be acknowledged.
7.4 You must not use any part of the content on the Site and / or Training Platform for commercial purposes without obtaining prior written permission to do so from UAT.
7.5 If you print, copy or download any part of the Site and / or Training Platform in breach of these Terms of Use, your right to use the Site and / or Training Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7.6 You acknowledge and agree that the copyrights, trademarks, service marks and all other intellectual property or other rights to any information distributed to or received by you whether sent by us or on our behalf by any means, together with any advertising media, website or other material connected to UAT and in any databases that contain or constitute the information, will remain our sole and exclusive property.
8. UPLOADING CONTENT TO THE SITE
8.1 Whenever you make use of a feature that allows you to upload content to the Site and / or Training Platform, or to make contact with other users of the Site and / or Training Platform, you must comply with the standards set out in these Terms of Use.
8.2 You warrant that any such contribution complies with those standards and you will be liable to UAT and indemnify UAT for any breach of that warranty.
8.3 Any content you upload to the Site and / or Training Platform will be considered non-confidential and non-proprietary and UAT has the right to use, copy, publish, distribute and disclose to third parties any such content for any purpose.
8.4 UAT also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site and / or Training Platform constitutes a violation of their intellectual property rights or of their right to privacy.
8.5 UAT will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Site and / or Training Platform.
8.6 UAT has the right to remove any post you make on the Site and / or Training Platform if, in its opinion, your post does not comply with the standards set out in these Terms of Use.
9. RELIANCE ON THE INTERNET
9.1 We will have no liability to you if the internet connection is lost with the result that you are unable to access the Site and / or Training Platform.
9.2 Although we take reasonable precautions to ensure that data collected by us has been checked for viruses, UAT does not guarantee that the Site and / or Training Platform will be secure or free from bugs or viruses and it is your responsibility to ensure that the onward transmission, opening and / or use of data on the Site and / or Training Platform will not negatively affect your systems or data. Please make sure your computer and / or mobile device has up-to-date virus detection software and please carry out virus and other checks as you consider appropriate. We accept no responsibility for losses that you may suffer as a result of the onward transmission of viruses or any other malicious software, from us to you.
9.3 You must not misuse the Site and / or Training Platform by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, backdoors, trapdoors, keys, other components or other material which would be malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site and / or Training Platform, the server on which the Site and / or Training Platform is stored or any server, computer or database connected to the Site and / or Training Platform. You must not attack the Site and / or Training Platform via a denial-of-service (“DOS”) attack or a distributed DOS attack. UAT will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and / or Training Platform will cease immediately.
10. LINKING TO THE SITE
You may link to the Site and / or Training Platform provided you do so in a way that is fair and legal and does not damage UAT’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on UAT’s part where none exists. You must not establish a link to the Site and / or Training Platform in any website that is not owned by you. UAT reserves the right to withdraw linking permission without notice. If you wish to make any use of content on the Site and / or Training Platform other than as set out above, please contact info@e-uat.com.
11. THIRD PARTY LINKS AND RESOURCES IN THE SITE
Where the Site and / or Training Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. UAT has no control over the content of those websites or resources.
12. NO RELIANCE ON INFORMATION
12.1 The content on the Site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
12.2 Although UAT makes reasonable efforts to update the information and / or Courseware on the Site and / or Training Platform, UAT does not give any representations, warranties or guarantees, whether express or implied, that the content on the Site and / or Training Platform is accurate, complete or up-to-date.
13. LIMITATION OF LIABILITY
13.1 Nothing in these Terms of Use excludes or limits UAT’s liability for fraud or fraudulent misrepresentation, for willful acts or omissions or for any other liability that cannot be excluded or limited by Maltese law.
13.2 To the extent permitted by law, we exclude all warranties, representations or other terms which may apply to the Site and / or Training Platform or any content on it, whether express or implied.
13.3 UAT will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with (i) use of, or inability to use, the Site and / or Training Platform and (ii) use of or reliance on any content displayed on the Site and / or Training Platform.
13.4 UAT will not be liable for (i) loss of profits, sales, business, or revenue, (ii) business interruption, (iii) loss of anticipated savings, (iv) loss of business opportunity, goodwill or reputation and, more generally (v) any indirect or consequential loss or damage.
13.5 UAT will not be liable for any loss or damage caused by a virus, distributed DOS attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site and / or Training Platform or to your downloading of any content on it, or on any website linked to it.
13.6 We assume no responsibility for the content of websites to which the Site and / or Training Platform links or is linked. Such links should not be interpreted as endorsement by UAT of those linked websites and UAT will not be liable for any loss or damage that may arise from your use of such linked websites.
14. SECURITY AND CONFIDENTIALITY OF UAT
14.1 UAT may view, monitor and record activity on the Site and / or Training Platform without notice to or permission from you.
14.2 You acknowledge that by browsing the Site, completing a query form and / or registering as user of our Training Platform, you will be providing us with personal data, which may be protected by data protection legislation, including amongst others Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, more commonly referred to as the General Data Protection Regulation (“GDPR”). You authorise us to:
14.2.1 process all such personal data;
14.2.2 transmit any such personal data to any affiliate and / or service provider for purposes of performing our services and in furtherance of our legitimate interest including statistical analysis, marketing of our services and credit control;
14.2.3 transmit any personal data to any affiliate and / or service provider for the purposes of marketing our services and products and the services and products of any of our affiliates and / or service providers.
14.3 The manner in which we collect and manage your personal information is set out in our Privacy Policy.
15. CHANGES TO THESE TERMS OF USE
UAT may revise these Terms of Use at any time by amending this webpage. Please check this webpage from time to time to take notice of any changes UAT made, as they are binding on you.
16. TRADEMARKS
UAT may revise these Terms of Use at any time by amending this webpage. Please check this webpage from time to time to take notice of any changes UAT made, as they are binding on you.
17. APPLICABLE LAW
These Terms of Use and Privacy Policy (and any non-contractual disputes or claims arising out of or in connection therewith) shall be governed by and construed in accordance with the laws of Malta. Any legal suit, action or proceeding based on or arising out of the use of the Site and / or Training Platform shall be brought exclusively in Malta.
18. INDEMNIFICATION
You agree to indemnify, defend and hold harmless UAT, its affiliates, officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and expenses, resulting or arising from or incurred in connection with any violations by you of these Terms of Use.
19. SEVERABILITY
If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from the remainder of the Terms of Use and will not affect the validity and enforceability of the remaining provisions.
20. NOTICES
20.1 For all purposes, including court processes and any notice or other document to be served under this Terms of Use, you choose as domicilium citandi et executandi address the chosen address provided during registration on the Training Platform, and UAT the address in 3.1.
20.2 Either party shall be entitled from time to time, by written notice to the other, to vary its domicilium address to any other address which is not a post office box.
20.3 All notices, consent or other communication required or permitted in terms of this Terms of Use shall be in writing and any notice given by one party to the other (the addressee) which:
20.3.1 is delivered by hand during the normal business hours at the addressee’s domicilium shall be deemed to have been received by the addressee at the time of delivery; or
20.3.2 if transmitted by means of email to the addressee’s email address provided during the registration process, shall be deemed to have been received by the addressee on the 1st (first) business day after the date of transmission thereof.
20.4 Notwithstanding anything to the contrary contained or implied in this Terms of Use, a written notice or communication actually received by one of the parties from the other including by way of facsimile / email transmission shall be adequate written notice or communication to such party.