About the Website 1.1. Welcome to www.aerolms.com.au (‘Website’). The Website is an online learning management system . 1.2. The Website is operated by Aviation Educators. Access to and use of the Website, or any of its associated Products or Services, is provided by Aviation Educators. Please read these terms and conditions (‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. 1.3. Aviation Educators reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Aviation Educators updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Aviation Educators in the user interface.
Copyright and Intellectual Property 3.1. The Website, the content and all of the related products of Aviation Educators are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Aviation Educators or its contributors. 3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Aviation Educators, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: a) use the Website pursuant to the Terms; b) copy and store the Website and the material contained in the Website in your device’s cache memory; and c) print pages from the Website for your own personal and non-commercial use. Aviation Educators does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Aviation Educators. 3.3. Aviation Educators retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any: a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you. 3.4. You may not, without the prior written permission of Aviation Educators and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
General Disclaimer 5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. 5.2. Subject to this clause 5, and to the extent permitted by law: a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and b) Aviation Educators will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. 5.3. Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Aviation Educators make any express or implied representation or warranty about the content or any products or content (including the products or content of Aviation Educators) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; b) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website); c) costs incurred as a result of you using the Website, the content or any of the products of Aviation Educators; and d) the content or operation in respect to links which are provided for your convenience.
Food Information Disclaimer (Not applicable)
Limitation of liability 7.1. Aviation Educators’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you. 7.2. You expressly understand and agree that Aviation Educators, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. 7.3. You acknowledge and agree that Aviation Educators holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
Termination of Contract 8.1. If you want to terminate the Terms, you may do so by providing Aviation Educators with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to Aviation Educators via the ‘Contact Us’ link on our homepage. 8.2. Aviation Educators may at any time, terminate the Terms with you if: a) you have breached any provision of the Terms or intend to breach any provision; b) Aviation Educators is required to do so by law; c) Aviation Educators is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or d) the provision of the Services to you by Aviation Educators, is in the opinion of Aviation Educators, no longer commercially viable. 8.3. Subject to local applicable laws, Aviation Educators reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Aviation Educators’s name or reputation or violates the rights of those of another party. 8.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Aviation Educators have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Indemnity 9.1. You agree to indemnify Aviation Educators, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or (c) any breach of the Terms.
Dispute Resolution 10.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). 10.2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute. 10.3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must: a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association; Conflict Resolution Service or his or her nominee; c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; d) The mediation will be held in Sydney, Australia. 10.4. Confidential All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence. 10.5. Termination of Mediation: If 4 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction The Services offered by Aviation Educators is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
Governing Law The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
At all times we will endeavour
to protect your personal information.
contains information on how we collect, use, disclose, store and deal with your
If you need any further
information pertaining to a privacy matter, you should contact us at:
Why do we collect your
We collect your personal
information for the following purposes:-
To provide services to you
that you have requested
To enable us to provide you
access to a secure section of our website
To know who we are allowing
access to our website and products
We may also use this
information for other reasonably expected purposes directly related to the main
purpose of collection, including:-
processing and delivery of
generating invoices and
performing credit checks
and credit reporting;
supplying and issuing
password and log-in information;
maintaining and managing
debt recovery actions;
dealing with your enquiries
and customer service purposes;
market analysis and product
analysis and development;
marketing other products
and services to you;
staff training; and
for any other reasonably
For all other uses or
disclosure, we will obtain your consent.
If you do not provide all
or part of the information requested, the consequences of this may be that:-
we will not adequately be
able to carry out our services to you.
we may not be able to carry
out our services to you at all.
What personal information
do we need to collect from you?
We may collect information
including your name, address, contact phone and e-mail details. We may also collect your employment details
if your employer has signed an agreement with us. Employment information will
be limited to only that required to determine your role within your
organisation so that we can tailor a training package to you.
How do we collect it?
We will collect personal
information only by lawful and fair means and not in an unreasonable or
intrusive way. This may be by way of
online forms, emails or via telephone request.
We will only collect
personal information about an individual, where it is reasonable and
practicable for us to do so, from that individual only.
If we collect personal
information about you from someone else, we will take reasonable steps to
ensure that you are aware or have been made aware of the matters listed above (except
to the extent that making you aware of these matters would pose a serious
threat to the life or health of any individual).
We may pass your personal
information to other organisations
In the course of providing
our services to you, we may disclose your personal information to other persons
or organisations including:-
debt recovery agencies;
IT service providers and
your representatives or
our representatives, legal
advisors or other professional advisors;
law enforcement or
We will never rent or sell your personal
information, including your email address.
Opting out of receiving
If you don’t want to
receive newsletters, marketing promotions and offers, you can opt out by
contacting us at: email@example.com
We will still need to send
you essential information, such as invoices, accounts, training expiry notices
and training certificates.
Updating your personal
We take all efforts to
ensure that the information we hold about you is accurate, complete and
up-to-date. Largely we rely on you for
the accuracy and completeness of the personal information you provide to
us. You will need to let us know of any
changes to your personal information so that we can update our records and
ensure our records are accurate. You can
update your personal information by logging into your account online and
following the instructions or by emailing us your updated details at:
Secure storage of your
your personal information secure is a high priority. We take all reasonable
steps to protect your personal information from misuse and loss and from
unauthorised access, modification or disclosure.
If your information is no
longer needed, we take all reasonable steps to destroy or permanently de-identify
your personal information.
Keep your PIN, passwords and any identifying
It is your responsibility
to keep your PIN, logins and passwords secure.
Anyone who knows this information can access your account. We accept no responsibility for personal information
disclosed to persons who know your PIN, password or other identifying features.
Our contact details
Our contact details are:-
PO Box 139
Oyster Bay NSW 2225
Phone 1300 919 484
You are able to request
your personal information, the purposes for which it is held, how it was
collected, how it is held, used and disclosed by submitting a request in
writing to:- firstname.lastname@example.org
If you feel your privacy
rights have been breached, you can submit a complaint to us at:-