These Terms and Conditions (henceforth referred to as the Terms) govern the use and operation of the website “ICAO4PILOTS” available at www.icao4pilots.com (the Website), the relation between users (Customers) and the Website and the services offered on it. These Terms integrate and complement the Privacy Policy of the Website and the application “icao4pilots” (the App) available at: https://icao4pilots.com/privacy-policy/
The Website has been created by ICAO4PILOTS LLC, a company established in the State of Florida, Miami (the Company). Access to the Website confers the condition of Customer and implies the knowledge and acceptance of the Terms. If Customer does not agree to the Terms, Customer may not access or otherwise use the Website. The Company reserves the right to modify the Terms at any time and, by using the Website, Customer is considered to have accepted such Terms.
1. Scope of the Service.
The Company offers Customers the training and improvement service to apply for the ICAO English Test (International Civil Aviation Organization English test) – henceforth referred to as the Service or the Services, without distinction – in accordance with the following features: (a) Customers shall be provided with multiple practice exercises related to the “communication between the Cockpit and the Control Tower”, including videos, audios, machine learning tools, artificial intelligence, augmented reality and a series of practice exams; (b) The service is available in a free trial version and a Premium version; Customers may subscribe to the Premium version for $24.99 (US Dollars) per month or $199 (US Dollars) per year, in accordance with the Service Price Policy; and (c) the Company does not render any teaching service since there are no teachers online.
2 – General considerations for the use of the Service.
The use of the Website and the Services is governed by the following considerations:
- In order to use the Services, Customer must open an account on the Website or download the App on a mobile phone, and must be at least 17 years old. In case Customer is under 17, his or her father, mother or legal guardian’s express authorization shall be required.
- Customer agrees to use the Website in a responsible, diligent, correct and legal manner; not to use any content of the Website in a manner or for purposes contrary to the law, moral principles, good habits and/or public order; to respect intellectual and/or industrial property rights on the contents; not to send files or information with obscene, abusive, defamatory, injurious content or contrary to moral principles and good habits; not to send messages or files containing viruses, worms or any other feature that may destroy or damage the functioning of the Website; not to violate the authentication and security systems of the Website; not to obtain or attempt to obtain any type of material or content accessible through the Website by making use of procedures or means that are different from those indicated or made available to Customer, depending on each case.
- Security Measures: The Company considers that computer security is extremely important. Therefore, it has adopted all technical mechanisms required to guarantee the correct operation of the Website and the App. However, the Company cannot not strictly guarantee, in any unexpected situation, against a virus, worm or any other computer element that could destroy, damage or alter the normal functioning of a computer or device. For this reason, Customer has the exclusive responsibility and obligation to have suitable computer tools to detect and delete any possible viruses and worms, to clean and/or prevent any type of elements and/or potential damages of this nature.
- Intellectual and Industrial Property. Rights Reserved: The Website and all its contents, including page design, trademarks, trade names, texts, pictures, graphics, logos, images, icons, software, products and Services, as well as authorship rights, copyright, among others, are protected under the legislation in force regarding industrial and intellectual property, and they shall not be exploited, copied, distributed, reproduced, modified, transformed, assigned or disclosed to the public. Customer’s access to the Website shall not imply any license, right or title whatsoever on the industrial or intellectual property rights of the contents, which are exclusively owned by the Company.
- The Website contains third-party links and advertisements. Whenever Customer accesses such links and visits other websites not belonging to the Company, he or she shall be subject to the Terms and Conditions of such websites, and Customer must carefully read their policies of access and use. The Company does not exercise any type of control over those websites or their contents. Therefore, the Company does not assume any liability nor does it guarantee the legality, updating, quality or utility of those contents, operations and information communicated, reproduced and/or made on third-party linked websites or the absence of harmfulness regarding such contents. For this reason, Customer exempts the Company from any liability for the contents included or the services offered or advertised on said websites.
- Service Price Policy: If you are a Premium Service Customer, you agree that your credit card will be charged for the amount of the Service, as well as any other tax in force and required and applied by any competent authority, either a sales tax, an added value tax or any other applicable tax.
3 – Indemnity. Limitation of Liability.
Customer agrees to defend, indemnify and keep the Company indemnified and exempt the Company, its directors and representatives from any liability in relation to any claim, loss, damages, responsibilities, deficiencies, judgments, liens, fines, costs and any other expenses (including attorney’s fees) that may arise from or be directly or indirectly related to the use of the Service by Customer or due to any violation of these Terms, and agrees to reimburse to the Company any loss, cost or expense that may be incurred as a result. Similarly, Customer understands and agrees that he or she uses the Service at his or her sole risk and that the Company does not guarantee the use or the results of the use of the Service in regard to performance, accuracy, reliability, security, capacity, updating or any other aspects. The Company does not guarantee that the service will function without interruptions or errors, nor does it guarantee that the Service will be compatible with any personal computer and/or mobile device. Under no circumstances shall the Company be held liable for any direct, consequential, exemplary, quantifiable, indirect, incidental or punitive damages, lost profits, regardless of the cause, that may arise from or be directly or indirectly related to the Service.
The Company and Customer agree to submit to the jurisdiction of the competent courts of the County of Miami-Dade, State of Florida, United States of America for the resolution of any disputes resulting from the interpretation and/or execution of these Terms. Customer agrees to submit to the aforementioned jurisdiction expressly waiving any other jurisdiction that may apply and agrees that these Terms are governed by the laws of the State of Florida, United States of America.