1. PREAMBLE
1.1. Welcome to aeroclass.org (the Site; for other definitions used herein please refer to article 2 or descriptions that follow), the website, which is operated by UAB AeroClass, a private limited liability company, duly incorporated and acting under the laws of the Republic of Lithuania, a legal entity code of which is 305623132, having its registered address at Dariaus ir Girėno g. 21A, Vilnius, Lithuania (AeroClass).
1.2. The following Site usage policy (the Site Usage Policy) provides the rules and requirements on usage of the Site and regulates the contractual relationship between the User and AeroClass.
1.3. This Site Usage Policy together with the Privacy Policy and Cookies Policy shall be regarded as a contract concluded between AeroClass and the User on terms of usage of the Site. Such contract shall be deemed concluded when you start using the Site and (or) any of the services/functionalities available on the Site.
1.4. AeroClass makes the Site available as an internet-based platform providing online training courses for an array of aviation specialists based on the integrated IT and communication solutions intended for those interested in aviation industry, usually available 24/7 from most locations worldwide.
1.5. Users may use the Site only for the services clearly indicated and available on the Site. The use of the Site for other services without prior written consent of AeroClass is prohibited and shall be treated as a breach of the Site Usage Policy.
1.6. Please review the Site Usage Policy as well as other documents regulating the usage of the Site before using the Site. You should carefully review and assess the terms and conditions and requirements of the Site Usage Policy.
1.7. Please note, that any usage of the Site, including browsing in the Site, collecting data and information from the Site, constitutes acknowledgment and acceptance of all provisions of the Site Usage Policy. If you do not agree to any of these terms and conditions of the Site Usage Policy you should immediately cease to use the Site and (or) the Site Services. Notwithstanding the cessation of usage of the Site and (or) the Site Services, the terms and conditions of this Site Usage Policy, Privacy Policy and Cookies Policy shall be applicable further with respect to legal relations that have emerged before the cessation of the usage of the Site and (or) the Site Services (“primary legal relations”), and also with respect to legal relations that have emerged out of or in connection (“further legal relations”) to the primary legal relations have emerged following the cessation of the usage of the Site and (or) the Site Services.
1.8. You may not derogate from application of the Site Usage Policy in whole or in part by an agreement, a unilateral deed or otherwise, unless it is expressly allowed to derogate from particular provisions of the Site Usage Policy.
1.9. You are not allowed to use the Site and (or) the Site Services, if you are not able to form a legally binding agreement or if your Account has been temporarily or indefinitely suspended or terminated regardless the basis for such suspension or termination or if you are younger than 18 (eighteen) years old and you do not have consents and (or) approvals required under applicable legal acts (if any) in order to use the Site and (or) the Site Services. By accessing or using the Site and (or) the Site Services you unconditionally guarantee and confirm that you are legally able to enter into the contract contemplated by this Site Usage Policy and that you have read, understand and agree to be bound by this Site Usage Policy and any part thereof. If you use the Site and (or) the Site Services, AeroClass assumes that you meet all and any legal requirements related to such use and AeroClass shall have a right but not an obligation at any time to ask you to provide AeroClass with confirming information and (or) documents.
1.10. This Site Usage Policy is effective as of 29/11/2021
2. DEFINITIONS
2.1. In this Site Usage Policy the following terms and expressions shall have the following meanings and shall be applicable to capitalized definitions (except for personal pronouns that may be written in capital letters as well as in small letters) in other documents of the Site Usage Policy, if not clearly defined otherwise:
| “Account” | shall mean a personal virtual account on the Site, which you open when you register to become a Registered User and intending to use the Site Services. |
| “Certificate” | shall mean an electronic document evidencing and attesting to the fact of the listening and attendance of certain Online Training Courses. |
| “Cookies Policy” | shall mean the rules and requirements on using cookies on the Site. You can read the Cookies Policy here. |
| “AeroClass” | shall mean UAB AeroClass, a legal entity indicated in the Preamble of this Site Usage Policy, by which this Site is operated. |
| “Personal Information” | shall mean information about the User that is personally identifiable to you, like your name, address, email address or phone number, as well as other non-public information that is associated with the foregoing. |
| “Privacy Policy” | shall mean the rules and requirements on collection, storage and handling of information (including information about the Users) related to usage of the Site and of the Site Services. You can read the Privacy Policy here: https://www.aeroclass.org/privacy-policy/ |
| “Intellectual Property Rights” | shall mean all rights related to inventions, patents, trademarks, industrial designs, geographic indications of source, copyright, goodwill and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any country, territory or other jurisdiction. |
| “Terms and Conditions” | shall mean the document(s) forming the basis of the agreement between the Registered User on one side and AeroClass on the other side, relating to the terms of acquisition and provision of certain Online Training Courses, which are published and available on the Site. The Terms and Conditions form an integral and inseparable part of this Site Usage Policy. |
| “Online Training Courses” | shall mean aviation related online training courses which are organized by AeroClass using a distance learning method in which instructors and attendees (i.e. the Registered Users) are physically separated and which are delivered to the Registered Users by using electronic technical means (e.g. computers, tablets, smartphones with internet access, etc.). |
| “Site” | shall mean the website aeroclass.org and all related sub-domains of this website. |
| “Site Services” | shall mean all and any services that are accessible on the Site that are provided and organized by AeroClass, including the Online Training Courses. |
| “Registered User” | shall mean a person who creates the Account and uses the Site on behalf of a legal person (an enterprise, a company, an organization, etc.) or natural person. Using this Site means the opening, browsing, collecting data and information from the Site, using the Site Services (if any), filling the forms of service request or search request (if any) and (or) using the Site and its content in any other way. |
| “Visitor” | shall mean a person who is only visiting the Site and does not create an Account and is not the Registered User. |
| “User” | shall mean the Registered User and the Visitor together. |
2.2. Capitalized terms used in the Site Usage Policy not defined in this Site Usage Policy are defined in the other documents of the Site Usage Policy or other requirements and guidelines available on the Site.
3. THE SITE USAGE POLICY AND DOCUMENTS OF THE SITE
3.1. The information, obligations, requirements, guidelines available on the Site as well as the documents listed below and which are available on the Site describe the terms and conditions on which you may use the Site, the Site Services and services available on the Site (a further listing sequence does not mean granting of a priority to separate documents of the Site Usage Policy):
3.1.1. Site Usage Policy;
3.1.2. Privacy Policy;
3.1.3. Cookies Policy;
3.1.4. Terms and Conditions.
3.2. In case of conflict between the information, obligations, requirements, guidelines available on the Site and provisions of the above indicated documents of the Site Usage Policy, the provisions of the above indicated documents of the Site Usage Policy shall prevail.
4. GENERAL PROVISIONS
4.1. These provisions of the Site Usage Policy shall be applicable to all the documents comprising the Site Usage Policy notwithstanding if a clear reference is given in such document of the Site Usage Policy, unless otherwise stated in respective document of the Site Usage Policy or the Site.
4.2. References to clauses, items, provisions as well as terms and conditions provided in this Site Usage Policy or particular document comprising the Site Usage Policy are references to clauses, items, provisions as well as terms and conditions of that particular document containing such reference unless specifically stated otherwise. Each time words “include” or “including” or words of similar meaning are used in the Site Usage Policy, it shall be regarded that they are followed by words “without limitation”. The headings of clauses are used for convenience only and shall not affect an interpretation of this Site Usage Policy.
5. REGISTRATION ON THE SITE AND CREATION OF ACCOUNT
5.1. In order to be able to use all the Site Services available on the Site as well as to acquire the Online Training Courses you must first register on the Site. The registration process may be executed and the Account may be created by registering on the Site according to the following conditions:
5.1.1. you shall duly complete the registration form available on the Site and create the Account following terms of this Site Usage Policy and other instructions available on the Site. Please note that after registration you will be able to act as the Registered User;
5.1.2. during the registration process and afterwards when providing any information while using the Site you agree and undertake to provide true, accurate, complete information about yourself. In case any of such information changes while using the Site, you are obliged to update such information with no unreasonable delay. In addition to this, you are obliged to maintain truthfulness, accuracy and completeness of such information at all times when using the Site. Moreover, when using the Site you acknowledge and agree at any time upon AeroClass’ request to immediately submit to AeroClass the necessary documents (including, but not limited to certificates of registration, personal documents, etc.);
5.1.3. as soon as the registration actions on the Site are completed, the notice regarding instructions and/or further information on activation of your Account shall be sent to your e-mail provided by you when registering on the Site.
5.2. Each registration is for a single entity (an enterprise, a company, an organization, etc.) or a natural person, unless otherwise expressly designated therein. AeroClass does not permit:
5.2.1. anyone other than the Registered User to use the sections of the Site requiring to use the Registered User’s name and (or) password; or
5.2.2. access through a single name being made available to multiple users on a network or otherwise unless otherwise expressly agreed between AeroClass and you.
5.3. You are obliged to handle your login data with care, to process it confidentially and to prevent abuse of the login data by third parties. Login data must be protected against unauthorized disclosure, alteration or unauthorized access. You shall report to AeroClass about any unauthorized use of your login data and/or Account as soon as possible.
5.4. The registration process shall be deemed completed and the Account shall be deemed created and activated as soon as you provide all and any information required for registration on the Site. The creation and activation of your Account automatically provides you with the status of the Registered User. Once all necessary information is provided and the Account is created, the Account verification letter shall be sent to your email. The verification letter is sent for the purpose to verify your e-mail address, therefore, you are asked to follow the verification instructions provided in this verification letter. Unless you do not verify your e-mail as per the instructions provided in the verification letter, you will constantly receive automatic notifications asking you to verify your e-mail. Please note, that notwithstanding anything else set out herein, AeroClass shall be entitled to refuse your registration due to any reasons AeroClass believes to be of a great importance.
5.5. Once the Account is created by a legal entity, you, acting on behalf of such legal entity, may send to AeroClass an inquiry at [email protected] or use the online support form available on the Site, in order to get an access to additional functionalities available on the site. These functionalities may include the possibility to send invitations to legal entity’s designated persons to attend certain Online Training Courses acquired by such legal entity without opening their personal Accounts, track learning progress, store attendees’ certificates, etc.). In case for this purpose you provide AeroClass with the personal data of any third persons, you acknowledge and agree to inform those persons in advance of the fact of provision of their personal data by specifying which exact personal data are going to be provided, who will be the recipient(s) of those personal data and what will be the purpose of provision of those personal data. In additional to this, you shall also notify those third persons that the details of processing of their personal data are available on the Site.
6. TERMINATION OF ACCOUNT
6.1. Without limiting any remedies AeroClass may have against the Registered User, AeroClass reserves the unlimited right to terminate the Registered User’s password and its access to the Site and the Site Services upon prior notice to the Registered User, in the event that AeroClass determines, in its sole discretion, that the Registered User:
6.1.1. does not meet the eligibility requirements set forth in paragraph 1.9 hereof and therefore is not an eligible subscriber; or
6.1.2. has or reasonably appears to have breached any provisions of this Site Usage Policy or any part thereof; or
6.1.3. is not in compliance with any applicable laws and (or) is in any way involved in or linked to, fraudulent activity in connection with the use of the Site.
6.2. The termination will take effect immediately upon AeroClass giving notice thereof to the Registered User, provided that any notice of termination given under the paragraph 6.1. may, if AeroClass in its sole discretion deems that the matter giving rise to such termination is curable by the Registered User, specifically provide the cure period during which the Registered User may cure the alleged breach and, in such case, termination will take effect at the end of such period if the breach remains being uncured.
6.3. The Registered User hereby consents to AeroClass’ rights of termination hereunder.
7. RESPONSIBILITIES
7.1. AeroClass makes the Site available as an internet-based platform providing aviation related Online Training Courses, however AeroClass does not warrant, ensure and (or) guarantee that the Online Training Courses available on the Site do not and shall not have any technical errors and (or) faults.
7.2. The Registered User acknowledges and agrees that AeroClass shall not be required to verify (though it has the right to do so), and cannot be held responsible for:
7.2.1. any actions or inactions of the Registered Users related to the Site and (or) Site Services;
7.2.2. any information that Registered Users post on the Site (if and when possible), its accuracy, comprehensiveness and (or) compliance with applicable laws.
8. FEES AND PAYMENTS
8.1. Any and all fees and charges which are payable by the Registered User to AeroClass for the Online Training Courses as well as their payment terms are determined in the Terms and Conditions which are published on the Site or directly on the Site.
8.2. The Terms and Conditions inter alia include the terms of provision of refunds by AeroClass to the Registered Users for the acquired Online Training Courses (if applicable).
8.3. The Registered User seeking to acquire certain course of the Online Training Courses, prior to its acquisition following the instructions available on the Site, shall carefully review the Terms and Conditions and confirm its unconditional acceptance to the Terms and Conditions. If the Registered User does not agree with the Terms and Conditions (or any part thereof), the Registered User shall not initiate the online acquisition or cease the already initiated acquisition with no delay.
9. CERTIFICATION
9.1. After you complete certain Online Training Courses, you are provided with an online Certificate of completion. Such Certificate confirms that you successfully attended and listened respective Online Training Courses. An issued Certificate may be found in the Site using the menu options. You are able to download the Certificate from the Site to your own electronical technical mean following the instructions provided in the Site.
9.2. For the avoidance of any doubts, please note that the issued Certificate does not grant you any rights and (or) privileges neither against AeroClass nor any other third party. The Certificate is a document proving the fact of your afforded possibility to have full access to the training material available on the Site, however the Certificate does not warrant that such training material has actually been accessed or accessed in full, or that you have fully learned or mastered all the training materials provided.
10. RELATIONSHIP WITH AEROCLASS/NO WARRANTIES
10.1. AeroClass hosts, maintains, manages the Site, provides the Users with the necessary infrastructure for the use of the Site, however, the Site and the Site Services are provided under “as is” and “as available” and “with all faults“ basis. While every effort has been made to ensure the quality and accuracy of information displayed on this Site, no express or implied guarantee, or representation, endorsement or warranty of any type (including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement) is given by AeroClass with respect to the Site, its content and the Site Services, unless mandatory legal requirements applicable to AeroClass and you provide otherwise.
10.2. If there is any service request or search of services form on the Site, the filling of such form on the Site is for informational purposes only and does not mean the order of such services and (or) acceptance to carry out the order of such services and does not create any relationship or agreement between you and AeroClass, unless otherwise explicitly and clearly indicated in the Site. AeroClass undertakes to put its best efforts to respond to such request within the reasonable period of time, however AeroClass reserves the right not to respond to any request, unless it is contrary to valid applicable legal requirements and the terms of this Site Usage Policy or any part thereof. Further relations between you and AeroClass regarding the provision of any services may be discussed and agreed under a separate agreement between you and AeroClass.
10.3. The Site may contain links to other sites of third parties and AeroClass shall not be responsible for any information posted on such sites as well as any services, provided by such third parties through these sites.
11. PROHIBITED ACTIVITIES ON THE SITE
11.1. You are not allowed and agree not to do any of the following on the Site and (or) when using the Site Services:
11.1.1. post, provide, transmit misleading, false, or inaccurate information about you, Online Training Courses, service requests or any other content related to you and (or) the Account;
11.1.2. act in bad faith, in breach of applicable legislation or otherwise contradictory to good business practices;
11.1.3. use the Site and (or) the Site Services in any manner that could harm AeroClass, any other person, its property or any of its legitimate interests;
11.1.4. take any action that imposes, or may impose, at AeroClass’ discretion, an unreasonable or disproportionately large load on the Site’s infrastructure;
11.1.5. in any way possible copy the training material (i.e. the Online Training Courses) available on the Site;
11.1.6. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by AeroClass in connection with the Site or the Site Services;
11.1.7. in any way use a software:
11.1.7.1. that would disable or impair the Site or any software, firmware, hardware, computer systems or networks in any way;
11.1.7.2. that is usually referred to as “viruses“ or “worms” and (or) the purpose of which is to disable, disrupt, harm or otherwise impede in any manner, the Site and (or) operation of the Site or any other software, firmware, hardware, computer system or network;
11.1.7.3. that would allow you or any other person to access the Site to cause disablement or impairment of the Site or any other websites, software of hardware or to transmit information (for example “traps,“ “access codes,“ or “trap door“ devices, or “spyware“, etc.); or
11.1.7.4. that contains any other harmful or malicious procedures, routines or mechanisms, which would cause the Site and (or) or software, firmware, hardware, computer systems or networks to cease functioning or to damage or corrupt content of the Site, software, programs, equipment or communications or otherwise interfere with operations of the Site, AeroClass, the Users or any other third party;
11.1.8. distribute spam, unsolicited or bulk electronic communications, chain letters, pyramid schemes or any other content which is usually unwelcome by users of electronic communications;
11.1.9. use any software or other automated means to access and gather information in the Site without express written permission from AeroClass;
11.1.10. repeat any action which AeroClass requested to refrain from, whether or not such action is clearly prohibited in the Site Usage Policy;
11.1.11. impersonate or misrepresent your affiliation with any person or entity;
11.1.12. copy, modify or distribute content from the Site without receipt of the prior written explicit permission from AeroClass;
11.1.13. provide any information on behalf of AeroClass, other Users or any third parties without prior written approval of respective person;
11.1.14. use the Site and the Site Services in any way contrary to applicable legal acts, including, but not limited to United Nations resolutions, EU and US legislation on antiterrorism and import, export (re-export) control in as much as these are related to the use of the Site and the Site Services;
11.1.15. breach other terms of the Site Usage Policy and (or) applicable legal acts.
11.2. Without limiting other remedies, you agree that a breach of any of the rules indicated above or in any other provision of the Site Usage Policy shall entitle AeroClass to issue you with warnings, limit, suspend, or terminate our services (including the Site Services), restrict or prohibit access to, and your activities on the Site and (or) take technical and legal steps to keep you off the Site at any time.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. AeroClass or, if expressly specified, third parties retain the Intellectual Property Rights to the Site and its contents to a maximum extent possible under the laws applicable to this Site Usage Policy. All according rights are reserved worldwide. You may not modify, copy, reproduce, republish, upload, post, transmit, sell, create derivative works of, exploit or distribute, in any matter, the Site, the content on the Site, including videos, text, graphics, code, and (or) software, or any other content, unless AeroClass has granted you with written permission for such action, or if such action is expressly allowed under specific circumstances in this Site Usage Policy or directly in the Site.
12.2. You acknowledge and agree that AeroClass owns all Intellectual Property Rights in and to the Site (including, but not limited to the Site Services and everything related thereto), and that except as expressly set forth in this Site Usage Policy, you shall not acquire any Intellectual Property Rights in and (or) to the Site.
12.3. All trademarks and service marks available on the Site are the property of AeroClass or AeroClass is legally using them. No rights to use of such trademarks and (or) service marks are licensed by the Site Usage Policy.
12.4. The contents of the Site may be quoted under condition that prior written consent of AeroClass is received and the source of content is properly indicated.
13. AMENDMENTS OF THE SITE USAGE POLICY AND SITE SERVICES
13.1. AeroClass reserves the right to revise (including to modify, amend, supplement, cancel, annul) the Site Usage Policy or any part thereof and any linked information from time to time at its sole discretion without prior notice to you, however, AeroClass shall announce amendments of the Site Usage Policy publishing it on the Site.
13.2. The Revised Site Usage Policy, or any part thereof, shall be deemed effective and applicable from the moment it is published on the Site, except when such amendments provide otherwise.
13.3. AeroClass shall not be held responsible for any damages or adverse effects incurred by you or any third parties due to unawareness of any amendments of the Site Usage Policy. Therefore, AeroClass encourages you to check for any amendments of the Site Usage Policy periodically. If after any amendment of the Site Usage Policy or any part thereof you do not agree with respective changes, you are free to request termination of the usage of the Site.
13.4. Reference to the Site Usage Policy or any document comprising the Site Usage Policy means a reference to a then valid edition of the Site Usage Policy or any document comprising the Site Usage Policy, unless clearly stated otherwise.
14. NOTICES AND COMMUNICATIONS
14.1. Unless you otherwise indicate in writing or otherwise is stated in particular document comprising the Site Usage Policy, AeroClass will communicate with you by email or phone call relating to the usage of the Site. You consent to receive communications from us electronically and you agree that these electronic communications are safe and satisfy any legal requirement as communications in writing. You will be considered to have received a communication immediately when AeroClass sends it to the email address you have provided on the Site or directly to AeroClass.
14.2. All notices to AeroClass intended to have a legal effect to this Site Usage Policy shall be in writing and delivered either in person or by means evidenced by a delivery receipt, as follows: [email protected]; address: UAB AeroClass, Dariaus ir Girėno g. 21A, Vilnius, Lithuania. Such notices to AeroClass shall be deemed effective upon receipt.
15. COMPLIANCE
15.1. By using the Site (or any part thereof, including the Site Services available on the Site) the Registered User represents, warrants and undertakes that:
15.1.1. neither the Registered User nor (as the case may be) any of its directors, officers, employees, contract workers, assigned personnel, subsidiaries nor, to the best of the knowledge of the Registered User (having made due and careful enquiry), any agent, subcontractor, supplier or affiliate or other person associated with or acting on behalf of the Registered User is an individual or entity (the Person) that is, or is acting on behalf or for the benefit of the Person that is, or is owned or controlled by the Persons that are:
(a) currently the subject or the target of any economic, financial or trade sanctions laws, regulations, embargoes or restrictive measures imposed, administered or enforced from time to time by the United States of America, the United Nations, the European Union, the United Kingdom, the jurisdictions where AeroClass and the User are incorporated, carry out business or residing or any governmental or regulatory authority, institution or agency of any of the foregoing, including but not limited to the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC), the Bureau of Industry and Security of the U.S. Department of Commerce or the U.S. Department of State, the United Nations Security Council, the Council of the European Union, HM Treasury or other relevant sanctions authority (including but not limited to the designation in the Specially Designated Nationals and Blocked Persons list maintained by OFAC, the Denied Persons List maintained by the US Department of Commerce, the UK Sanctions List, and the OFSI Consolidated List maintained by HM Treasury, or any other list issued or maintained by any foregoing sanctions authorities of persons subject to sanctions (including investment or related restrictions), each as amended, supplemented or substituted from time to time) (collectively, the Sanctions); or
(b) located, organised, operating or residing in a country, region or territory that is, or whose government is, the subject or the target of the Sanctions from time to time, including but not limited to Crimea, Cuba, Iran, North Korea, Sudan and Syria; (each such Person is hereinafter referred to as the Sanctioned Person).
15.1.2. the Registered User has never engaged in, is not now engaged in, nor will engage in, any dealings or transactions with any Person that at the time of the dealing or transaction is or was the Sanctioned Person.
15.1.3. the Registered User shall not, directly or indirectly, use the benefit received from the usage of the Site including but not limited to services or goods acquired through the Site: (i) to facilitate any activities or business of or with any Person that is the Sanctioned Person; or (ii) in any other way or manner that would result in a violation of the Sanctions by AeroClass.
15.1.4. The Registered User and any Person that may be involved by the Registered User in the usage of the Site (including the Site Services) has complied and shall comply with all applicable national, supra-national, local or foreign laws and regulations in relation to combatting against bribery, fraud and racketeering, corruption, money laundering and/or terrorism administered, enacted or enforced from time to time by the United States of America, the United Nations, the European Union, the United Kingdom, the jurisdiction where the Registered User is incorporated, carries out business or residing (as the case may be) (collectively, the ABC/AML Laws) and that neither the Registered User nor the Person that may be involved by the Registered User in the usage of the Site (any part thereof) has violated, is in violation of, or will violate the ABC/AML Laws.
15.1.5. The Registered User has not been involved, will not be involved in, or attempt to be involved in modern slavery or human trafficking or agree or attempt to assist any person who is involved in modern slavery or human trafficking in any activity which would violate the UK Modern Slavery Act 2015 or any similar applicable law or regulation.
15.1.6. The Registered User has not received and shall not receive any convictions, findings, fines, warnings or penalties issued by any competent authority in relation to anti-bribery and corruption, anti-money laundering, modern slavery or the Sanctions.
15.1.7. If at any time the Registered User becomes associated with potential violations of anti-bribery and corruption, anti-money laundering, modern slavery or the Sanctions regulations, the Registered User shall promptly, but not later than within 5 (five) calendar days, notify AeroClass thereof in order to allow AeroClass to examine the situation and assess risks, whereupon AeroClass shall be entitled to act pursuant to Clause 15.4 hereof.
15.1.8. The Registered User shall not take any action which will cause AeroClass to be in violation of any law, regulation or ethical standard of any applicable jurisdiction.
15.1.9. The Registered User shall promptly upon request of AeroClass supply such information and documentation as is requested by AeroClass in order for AeroClass to carry out the verification of the Registered User pursuant to the internal procedure applied by AeroClass to verify the identity of the Registered User (the KYC Procedure);
15.1.10. Information and documentation conveyed by the Registered User during the KYC Procedure is true, accurate, complete and not misleading in any way and was provided without omission of any material information and the Registered User shall promptly, but not later than within 5 (five) calendar days, notify AeroClass of any changes to any information and documentation during the KYC Procedure or if it subsequently discovers anything which renders any such information untrue, inaccurate or misleading in any material respect, whereupon the Registered User shall repeatedly undergo the KYC Procedure, if so requested by AeroClass.
15.2. The representations and warranties made by the Registered User in Clause 15.1 are continuing and shall be true at all times during the usage of the Site (any part thereof).
15.3. The Registered User shall indemnify and hold AeroClass harmless against any losses, damages, fees, costs and expenses (including but not limited to any legal costs) incurred by AeroClass as well as any monetary sanctions arising out of or in connection to incorrectness, inaccuracies in any Registered User’s representations or warranties set out in, or any failure of the to comply with any provisions of the Clause 15.1 (each, the Compliance Breach).
15.4. Upon occurrence of any Compliance Breach, the Registered User shall be deemed as having breached the terms of this Site Usage Policy, whereupon AeroClass shall be entitled, by giving a written notice to the Registered User with immediate effect, to:
15.4.1. unilaterally suspend performance of AeroClass’s obligations under this Site Usage Policy and the Terms and Conditions (if applicable) until the Compliance Breach is remedied to the full satisfaction of AeroClass;
15.4.2. declare all sums owing to AeroClass under the Site Usage Policy and/or the Terms and Conditions (if any) immediately due and payable;
15.4.3. demand that the Registered User reimburses, and the Registered User shall promptly but no later than within 5 (five) calendar days upon AeroClass’s notice reimburse, any losses, damages, fees, costs and expenses (including but not limited to any legal costs) suffered or incurred by AeroClass as a result of or in connection with any Compliance Breach;
15.4.4. unilaterally suspend or terminate contractual relationship in respect of the Site/Site Services between the Registered User and AeroClass on an out of court basis.
15.5. The rights and remedies of AeroClass set out in Clause 15.4 may be exercised concurrently or in any order and are not exclusive of any other rights or remedies available to AeroClass by agreement, law or otherwise nor shall give rise to any AeroClass’s liability in connection with their exercise.
16. LIABILITY
16.1. If you breach obligations under this Site Usage Policy, Cookies Policy, Privacy Policy or any other document of the Site Usage Policy (if any), you will be obliged to compensate AeroClass or other third party the damages suffered and reimburse all and any losses, expenses and costs incurred by AeroClass or third party due to such breach. Compensation of damages and reimbursement of losses does not exempt you from the further fulfillment of the obligations undertaken by this Site Usage Policy or any other document of the Site Usage Policy.
16.2. In no event shall AeroClass be liable under this Site Usage Policy or other document of the Site Usage Policy to you or third party in any form of liability, for:
16.2.1. any indirect or incidental damages that may be incurred;
16.2.2. any loss of income, loss of business opportunities or loss of goodwill, business or profits (whether direct or indirect) that may be incurred;
16.2.3. any claim, damage, or loss which may be incurred by as a result of any your agreement with other Users.
16.3. If applicable mandatory provisions of laws provide otherwise, some or all of these limitations and exclusions indicated in this section may not be applied.
16.4. You agree to release AeroClass and (or) its partners, agents, affiliates, licensors, sponsors, advertisers from any liability and indemnify them from and against any and all losses, costs, expenses, damages incurred by them and arising from or related to any cause of action, claim, suit, law or other proceeding, demand and (or) action brought by a third party against them:
16.4.1. in connection with your use of the services available on the Site; and (or)
16.4.2. resulting from:
16.4.2.1. your use of the Site;
16.4.2.2. your decision to supply personal financial information on the Site;
16.4.2.3. your breach of any provision of this Site Usage Policy, Cookies Policy, Privacy Policy, Terms and Conditions;
16.4.2.4. any liability arising from the tax treatment of payment or any portion thereof;
16.4.2.5. any kind of data loss;
16.4.2.6. your business interruption.
16.5. You have sole responsibility for adequate protection and backup of data and equipment used in connection with the Site and will not make a claim against AeroClass for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the materials available on the Site.
16.6. The Users confirm its understanding and consent that AeroClass only provides the Registered Users with the access to the Online Training Courses. For the avoidance of doubts, AeroClass does not guarantee and warrant that the Registered Users taking the Online Training Courses available on the Site will achieve any particular proficiency and specific knowledge to qualify for any license, certificate or rating issued by any regulatory body or governmental authority. Additionally, AeroClass shall not be held responsible for the competences and (or) qualifications of the Users who took the Online Training Courses.
16.7. All and any liability of AeroClass against the User and (or) any other third party arising out of or in connection with using the Site shall be limited to the amount which a particular User has paid to AeroClass for use of the Site as well as the Site Services within 3 (three) calendar months prior to the event giving rise to liability of AeroClass occurred, unless otherwise explicitly stated in the Terms and Conditions. Such liability limitation is deemed to be essential and in case of its absence the Users would not be provided with the Site Services and/or the price of the Site Services would be much higher.
17. APPLICABLE LAW AND DISPUTE RESOLUTION
17.1. If mandatory provisions of the law of the Republic of Lithuania, including mandatory provisions of the European Union law, do not require otherwise, the Site Usage Policy and legal relations arising out of or in connection with this Site Usage Policy (including matters concerning the conclusion, validity, invalidity, performance, termination of and rescission) shall be governed by and interpreted under the law of the Republic of Lithuania.
17.2. All and any disputes, controversies and claims arising out of or relating to the Site Usage Policy, their breach, termination, rescission or validity shall be resolved according to the order established in laws of the Republic of Lithuania at the courts of the Republic of Lithuania at place of registered office of AeroClass.
18. MISCELLANEOUS
18.1. AeroClass does not guarantee the accuracy, completeness or relevancy of the information made available on this Site, except the accuracy, completeness or relevancy of such information and to the extent, which is required by the applicable laws of the Republic of Lithuania.
18.2. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
18.3. The Users acknowledge and agree that are advised to safeguard important data, to use caution and to not rely in any way on the correct functioning or performance of the Site Services.
18.4. If any provision of the Site Usage Policy is contrary to the requirements of the laws or upon their amendment becomes contrary, or is invalid due to other reasons, it shall not affect validity of other provisions of the relevant document of the Site Usage Policy. In such case it shall be substituted by AeroClass with a legally effective provision, which in its merits should correspond to purpose of the invalid provision of the relevant document of the Site Usage Policy.
18.5. Regardless of the reasons of termination of the Account as well as the termination of any relationship between AeroClass and you and withdrawal of any portion of the Site Services shall not affect the validity of terms and conditions of the Site Usage Policy, Privacy Policy and Cookies Policy as well as Terms and Conditions regulating the Intellectual Property Rights, confidentiality, liability, applicable law and dispute resolution as well as the validity of other conditions thereof, if such conditions according to their essence shall be applicable thereafter.
18.6. The failure of AeroClass to exercise or enforce any right or provision of this Site Usage Policy does not constitute a waiver of such right or provision.
18.7. The Users shall not be entitled to assign (transfer) the Site Usage Policy and (or) your rights and obligations arising out of or in connection to it without prior written and explicit consent of AeroClass. However, AeroClass shall be entitled to assign (transfer) without your additional consent (this provision shall be deemed as your sufficient consent) any rights and obligations under the Site Usage Policy documents to an entity merging (consolidating) with AeroClass or purchasing substantially all assets or stock of AeroClass. In case of such assignment the terms of the Site Usage Policy will be binding upon assignees. Any of unauthorized assignment shall be null and void and constitute a breach of this Site Usage Policy.
19. CONTACT INFORMATION
If you wish to report a violation of the Site Usage Policy, have any question or need assistance regarding the Site Usage Policy, please contact AeroClass via e-mail: [email protected].