These terms and conditions (the “Terms and Conditions”) govern the use of www.pilottrain.com.au (the “Site”). This Site is owned and operated by PilotTrain. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
All content published and made available on our Site is the property of PilotTrain and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
The minimum age to use our Site is 16 years old. By using this Site, users agree that they are over 16 years old. We do not assume any legal responsibility for false statements about age.
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
- Electronic (digital) books; and
- Pilot Supplies.
The following services are available on our Site:
- Pilot Practice Exams; and
- Pilot Theory Courses.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
We accept the following payment methods on our Site:
- Credit/Debit Card;
- Google Pay;
- Apple Pay; and
- Pay later services – PayPal and ZipCo.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
- Australia Post – Parcel Post;
- Australia Post – Express Post;
- Australia Post – Tracked Letter;
- Sendle Parcel; or
- Toll Road Express.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and public holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Refunds for Goods
Refund requests must be made within 14 days after receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
- Good is broken;
- Good does not match description;
- Good is the wrong size; or
- Purchaser changed their mind.
Refunds do not apply to the following goods:
- Online courses;
- Online exams; and
- Digital Products (including electronic (digital) books).
Refunds for Services
All services and electronic (digital) books sold on our Site are non-refundable.
Returns can be made by mail. To return a good by mail, follow the following procedure:
Returnable goods must be in original packaging and in a sellable condition. Contact our support team to initiate a return request from the ‘Support‘ page on our website. The customer is responsible (bearing the cost and responsibility) for returning goods to our warehouse.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
PilotTrain and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless PilotTrain and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the State of Tasmania.
Subscriber – is a person who completes a transaction on the PilotTrain website for online access to the learning management system.
LMS – learning management system, the system used by PilotTrain to facility are content delivery and exam module access.
Subscribers are granted access to the PilotTrain online learning management system (theory and exam content) is subject to the following conditions:
A subscriber must not:
- Share access credentials with anyone.
- Share LMS access with anyone.
- Grant LMS access to anyone who is not the original purchaser.
- Use the LMS platform for commercial gain or purposes.
- Resell their purchase with anyone.
- Print/Distribute/Reproduce copyright content including any images and page text.
A subscriber granted access to read and interest with the LMS system for personal use only. Accessing the LMS system from multiple IP devices in a short period of time will result in the subscribers account being automatically locked.
PilotTrain reserves the right to cancel (without refund or prior notice) any subscriber who violates the terms of this agreement.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Please contact us if you have any questions or concerns. Our contact details are as follows:
PO Box 2044, Newnham TAS 7248 Australia
You can also contact us through the Support page on our Site.
Effective Date: 11th day of May, 2022