© 2017 | Scottcopters
Last updated 11 October 2018
This policy sets out the basis on which Scottcopters Limited of Shop 5 G/F Mei Hing Mansion, 1-17 Yan Hing St, Tai Po, NT, Hong Kong (Company Number 2464962) (together with our subsidiaries, our holding company, subsidiaries of our holding company from time to time, collectively called “Scottcopters Limited” or “we”) collects personal data from you and how we process such data.
By visiting our website www.scottcopters.com (our “Site”) or using Student learning portal at http://learning.uavacademy.co.uk or any other applications or software we provide from time to time (collectively our “App”), you accept and consent to the practices set out below.
1 Collection of information
1.1 For the purposes outlined in Clause 2, we may collect and process the following information about you:
(a) Information you give us - information that you provide us (which may include your name, address, email address, telephone number, credit card information and other personal description) by filling in forms on our Site or our App, or by corresponding with us (by phone, email or otherwise), for example:
(i) when you register for an account with us in our App;
(ii) when you report any problem to us;
(iii) when you use certain features on our Site or our App;
(iv) when you request any support from us; or
(v) when you complete any survey or questionnaire we send you.
(b ) Information we collect about you - information automatically collected when you visit our Site or use our App, for example:
(i) technical information, including the Internet protocol (IP) address used to connect your computer to the Internet and your log-in information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
(ii) information about your visit, including the full Uniform Resource Locators (URLs), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
1.2 We only retain personal data for so long as it is necessary. Data may be archived as long as the purpose for which the data was used still exists.
2 Uses made of the information
2.1 We use information held about you for the following purposes:
(a) providing, improving and developing our services;
(b) researching, designing and launching new features or products;
(c) presenting content and information in our Site and our App in the most effective manner for you and for the device you use;
(d) providing you with alerts, updates, materials or information about our services or other types of information that you requested or signed up to;
(e) complying with laws and regulations applicable to us in or outside of Hong Kong;
(f) responding or taking part in legal proceedings, including seeking professional advice;
(g) for direct marketing purposes (please see further details in Clause 2.2 below);
(h) communicating with you and responding to your questions or requests; and
(i) purposes directly related or incidental to the above.
2.2 We intend to use your personal data in direct marketing (i.e. offering or advertising products or services by sending the relevant information directly to you). We require your consent specifically for this purpose and you may opt out any time. For the purpose of this clause:
(a) the personal data that may be used in direct marketing are those that you provide to us or we collect from you under Clause 1.1 above;
(b )the type of services or products that may be offered or advertised will be our products or services, seminars, conferences or events, and those of our affiliates or business partners;
(c) the relevant information may be sent to you by email, in-app message or phone call;
(d) you may opt out any time by emailing us at firstname.lastname@example.org. We will cease to send you marketing information without charge.
3 Disclosure of your information
We will keep your personal data we hold confidential but you agree we may provide information to:
(a)any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in Schedule 1 of the Securities and Futures Ordinance (Cap. 571) of the Law of Hong Kong;
(b) personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services (for example staff engaged in the provision of support services);
(c) our overseas offices, affiliates, business partners and counterparts (on a need-to-know basis only);
(d) persons under a duty of confidentiality to us;
(e) persons to whom we are required to make disclosure under applicable laws and regulations in or outside of Hong Kong; or
(f) actual or proposed transferees of our operations (or a substantial part thereof) in or outside of Hong Kong.
4.3 We use persistent cookies and session cookies. A persistent cookie stays in your browser and will be read by us when you return to our Site or a partner site that uses our services. Session cookies only last for as long as the session (usually the current visit to a website or a browser session).
4.4 We use the following cookies:
(a) Strictly necessary cookies – These are cookies that are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
(b) Analytical/performance cookies – They allow us to recognise and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our Site works, for example, by ensuring that users are finding what they are looking for easily.
(c)Targeting cookies – These cookies record your visit to our Site, the pages you have visited and the links you have followed. We will use this information to make our Site and the information displayed on it more relevant to your interests.
4.5 You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you do so, you may not be able to access all or parts of our Site.
4.6 We may use third-party web services on our Site. The service providers that administer these services use technologies such as cookies (which are likely to be analytical/performance cookies or targeting cookies), web server logs and web beacons to help us analyse how visitors use our Site and make the information displayed on it more relevant to your interests. The information collected through these means (including IP addresses) is disclosed to these service providers. These analytics services may use the data collected to contextualise and personalise the marketing materials of their own advertising network.
5 Third-party sites
Our Site, our App or our communication with you may from time to time contain links to third-party websites over which we have no control. If you follow a link to any of these websites, please note that they have their own practices and policies. We encourage you to read the privacy policies or statements of these websites understand your rights. We accept no responsibility or liability for any practices of third-party websites.
6.1 All information you provide to us is stored on our secure servers.
6.2 We restrict access to personal information to our employees, service providers and contractors on a strictly need-to-know basis and ensure that those persons are subject to contractual confidentiality obligations.
6.3 We review our information collection, storage and processing practices from time to time to guard against unauthorised access, processing or use.
6.4 Please note, however, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk.
7 Data transfer
7.1The data that we collect from you may be transferred to, and stored at, a destination outside Hong Kong. It may also be processed by persons referred to in Clause 3 above who operate outside Hong Kong.
8 Your rights
8.1 You have the right to:
(a) check whether we hold personal data about you;
(b) access any personal data we hold about you; and
(c) require us to correct any inaccuracy or error in any personal data we hold about you.
8.2 Any request under Clause 8.1 may be subject to a small administrative fee to meet our cost in processing your request.
We may amend this policy from time to time by posting the updated policy on our Site. By continuing to use our Site and our App after the changes come into effect means that you agree to be bound by the revised policy.
10 Contact us
If you have any questions, comments or requests regarding personal data, please address them to:
c/o Shop 5 G/F Mei Hing Mansion, 1-17 Yan Hing Street, Tai Po, NT, Hong Kong
Tel: +852 93732972
1 These terms
1.2 By using our Platform, you agree to these terms regardless of whether you are paying user or a non-paying visitor. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
2 About us and how to contact us
2.1 We are Scottcopters Limited, a company registered in Hong Kong, trading as Scottcopters Limited. Our company registration number is 2464962 and our registered office is at Shop 5 G/F Mei Hing Mansion, 1-17 Yan Hing St, Tai Po, NT, Hong Kong.
2.2 For any questions or problems relating to our Platform, our products or services, or these terms, you can contact us by telephoning our customer service team at +852 93732972 or emailing us at email@example.com or writing to us at Katy Scott, c/o Shop 5 G/F Mei Hing Mansion, 1-17 Yan Hing Street, Tai Po, NT, Hong Kong
2.4 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.5 When we use the words "writing" or "written" in these terms, this includes emails.
3 Changes of terms
3.1 We may amend these terms from time to time by posting the updated terms on our Platform. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the revised policy.
4 Availability of our services
4.1 We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we will give you advance notice where reasonably possible.
4.2 We may release products, services, functionalities or features that we are still testing and evaluating. We will label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.
4.3 We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any services we provide.
4.4 We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
4.5 You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.
5 Your account and password
5.1 In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.
5.2 You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
5.3 We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.
5.4 You agree to follow our Acceptable Use Policy, which is set out at the end of these terms.
5.5 You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.
6 Use of the platform
6.1 You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.
6.2 We give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable licence to access and use our Platform, including any software or application as part of the services we offer. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.
6.3 This licence to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
6.4 You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.
7 Your rights
7.2 You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.
7.3 You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.
7.4 If you believe your intellectual property rights have been infringed, please contact us by emailing us at firstname.lastname@example.org.
8 Our rights
8.1 All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.
8.2 We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Platform.
8.3 Our name “Scottcopters Limited” and our marks and logos are our trade marks (be it registered or unregistered) and may not be used without our express prior written consent.
9.1 We integrate with third-party software to provide a full suite of functionalities to our users. We are not responsible for any issues or loss arising from the use of any third-party software. Your access and use of the third-party software is governed by the terms of service or user agreements of that software.
10.1 We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
10.2 You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
11 Limitation on liabilities
11.1 Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.
11.2 To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
(a) we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;
(b) we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
(c) we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;
(d) we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
(e) we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and
(f) we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).
11.3 To the fullest extent permitted by law, Our Entities are not liable to you or others for:
(a) any indirect, incidental, special, exemplary, consequential or punitive damages; or
(b) any loss of data, business, opportunities, reputation, profits or revenues,
(c) relating to the use of our Platform or any products or services we offer.
11.4 We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
11.5 If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
11.6 Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.
12 Your representation
12.1 Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.
13.1 You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.
13.2 You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.
14.1 These terms will continue to apply until terminated by either you or us as follows.
14.2 You may stop using the Platform any time by deactivating your account.
14.3 We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:
(a) you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);
(b) you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;
(c) we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
(d) our provision of the Platform to you is no longer possible or commercially viable.
(e) In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.
14.4 Upon termination of your access, these terms will also terminate except for Clauses 11 to 18.
14.5 Where we consider necessary or appropriate, we will report any breach of these terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
15 Entire agreement
15.1 These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.
15.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
16 Other important terms
16.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any products not provided.
16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.1 If you have any questions about these terms or the Acceptable Use Policy, please contact us by email@example.com.
18 Governing law and jurisdiction
18.1 These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
18.2 The courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.
Acceptable Use Policy
(a) use our Platform for unlawful or unauthorised purposes;
(b) re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;
(c) probe, scan, or test the vulnerability of any system or network;
(d) breach or otherwise circumvent any security or authentication measures or service use limits;
(e) access, tamper with, or use non-public areas or parts of the Platform;
(f) interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;
(g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
(h) access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk) or attempt to do so;
(i) send unsolicited communications, promotions or advertisements, or spam;
(j) forge any TCP/IP packet header or any part of the header information in any email;
(k) send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";
(l) conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
(m) abuse referrals or promotions;
(n) post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
(p) violate applicable laws or regulations in any way; or
(q) violate the privacy or infringe the rights of others.
TERMS & CONDITIONS
1 CDP-C™ Certified Drone Pilot – Commercial (“Course”) Online Application
1.1 By submitting your application to enroll on CDP-C™ Certified Drone Pilot – Commercial course, certification issued by The UAV Academy LTD, you understand that on issuing it is a certification of recognition that you have passed an exam after attending a two-day theory course in unmanned aerial vehicle (“UAV”) use; completed an Operations Manual for UAVs and have demonstrated a high skill competency in flying UAVs. Further, you understand this certification will not grant you a ‘pilot’s licence’, nor will it automatically grant you a permission to fly a UAV commercially in Hong Kong or worldwide. You further understand that the certification is solely designed to demonstrate your competency as a UAV pilot, to enable yourself or your organisation (Accountable Manager or pilot) to support any application for permission for commercial work to a national aviation authority, according to the rules of that country, if you so wish.
Scottcopters Limited is not responsible for the status or otherwise existence of the CDP-C™ certification and as the applicant, you undertake to make your own due diligence enquiries as to the benefits of this certification to your personal needs and requirements.
1.2 Where the course includes a package of flight training and aircraft rental package, provided by Scottcopters Limited (and not our partners) flight training is to be taken within 3 months of the Part 2 theory course, at a date to be arranged.
1.3 For courses booked up to and including 24-25 March 2018: Part 4 Flight Operations Assessment (FOA) is to be taken within 12 months of 1st attempt at CDP-C™ Part 2 exam and after having had Operations Manual (OM) approved.
1.4 For courses booked after 24-25 March 2018: Part 4 Flight Operations Assessment (FOA) is to be taken within 6 months of 1st attempt at CDP-C™ Part 2 exam (or in the case of the Abbreviated course; within 6 months of accessing the online learning system) and after having had Operations Manual (OM) approved.
2.1 When students undertake flight training or any supervised flying / Flight Operations Assessment with Scottcopters, they will be required to sign our standard Student Waiver agreement prior to flying.
2.2 Scottcopters highly recommends that all pilots of their organization have their own third party liability insurance covering the requirements of the relevant legislation.
2.3 Where 'equipment crash insurance' is included in a course fee, when students rent Scottcopters equipment for flight training or FOA, note that this ONLY applies to UAVs/equipment belonging to Scottcopters. If a student wishes to use his/her own UAVs/equipment, even though rental of Scottcopters UAVs/equipment may be included in the fee, insurance does not cover the student's own UAVs/equipment.
3 Postponement of confirmed Flight Training and Flight Operations Assessment (FOA)
3.1 Flight Training delivered by Scottcopters (and not our partners): You will be charged an admin fee of HK$1000 if you postpone a confirmed Flight Training session within 3 working days of the agreed original date. You will be liable for the entire session cost should you wish to postpone within 1 working day of the agreed original date. If your Flight Training session has been paid for as part of a Course Package, the value for calculation of this cost will be determined as the equivalent fee if it had been booked separately according to our Flight Training Fees published on our website. Should inclement weather prevail near the arranged Flight Training session dates, Scottcopters will have absolute and sole discretion as to whether those sessions take place as arranged, and will assess the weather and other environmental conditions, which may preclude safe flight operations. Should Scottcopters decide to postpone the flight training session, there will be no penalty fee for postponement and arrangements will be made for a suitable alternative date.
3.2 Flight Operations Assessment (FOA): You will be charged an admin fee of HK$1000 if you postpone a confirmed Flight Operations Assessment (FOA) within 3 working days of the agreed original date. Other than for reasons agreed with the examiner regarding inclement weather, if you postpone within 1 working day of the agreed original date; you will be liable for the entire cost. You must follow and are bound by the rules of the FOA joining instructions issued to you with regard to postponement due to bad weather or other exigencies. If your FOA has been paid for as part of a Course Package, the value of an FOA for calculation of costs will be determined as HK$3000.
3.3. If, due to force majeure or other reasons beyond Scottcopters’ reasonable control (Including where the instructor is ill), the Course/Flight Training/FOA cannot be performed at the agreed date, or could only be performed with unreasonable economic effort, then the Course will be performed on the next possible date agreed.
3.4 Confirmation of enrollment will be taken as the date when you are emailed said confirmation from Scottcopters.
3.5 Flight / fieldTraining delivered by our partners: If you have arranged for flight / field training which will be delivered by one of our partners, your contract is with that partner, and their relevant terms and conditions will apply to all aspects of this flight / field training booking and invoicing. Scottcopters is in no way liable for any of the flight / field training delivered and invoiced for by our partners.
4 Cancellation of confirmed Flight Training (delivered by Scottcopters and not our partners), Flight Operations Assessment (FOA), Course Package / Course Booking (“Course”)
4.1 If the contract is for the supply of digital content, including but not limited to Online Course and Online Study Materials, your right to cancel and obtain any refund will be lost if you have given Scottcopters express consent to supply the digital content to you or if you access the digital content. You do not have a right to change your mind in respect of other services, once these have been completed. If express consent has been given but the service is only part performed, you will be liable to pay for the services actually received.
4.2 you must inform Scottcopters of your decision to cancel by emailing firstname.lastname@example.org
4.3 If you cancel your purchase you must return any Study Materials you may have received from Scottcopters without due delay and not later than 14 calendar days after you inform Scottcopters of the cancellation. You will be liable for the cost of returning any goods to Scottcopters unless Scottcopters has agreed otherwise in writing.
4.4 Scottcopters reserves the right to withhold payment of part or all of your Fee refund until all Study Materials have been returned or if Study Materials are not returned in a re-saleable condition.
4.5 On cancellation you will be entitled to a full refund of the Fees subject to the following limitations:
i. In relation to delivery costs, the refund amount will be capped at the cost of a standard postal method fee; and
ii. If the value of the goods has been diminished by your handling, Scottcopters may recover the amount of this diminished value by deducting this amount from your refund.
iii. If you cancel a Course after any components of that course have been mailed to you, Scottcopters will deduct from any refund of your Fee the cost of all applicable delivery charges, including delivery costs.
iv. Refunds will be made using the same method of payment as you used for the purchase and will be paid within 14 days of you informing Scottcopters of the cancellation. The period for refund will increase to 30 days if Scottcopters is unable to credit a Hong Kong bank account. If you have chosen to invoice your employer and at the time of cancellation the relevant invoice has not yet been paid then such invoice will be cancelled/adjusted taking into account the terms of clause 4.5 viii below. If you have chosen to invoice your employer and at the time of cancellation the relevant invoice has already been paid by your employer, the Fees will be credited to your employer’s bank account within 14 days of cancellation (provided a Hong Kong account can be credited). For monetary returns, a request in writing to Scottcopters is required from your employer.
v. Your order of a Course is personal to you and you will not be permitted to transfer your enrolment on a Course to any other student.
vi. Scottcopters reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances and to charge an additional fee in any such event to cover the administration costs incurred by Scottcopters. Any such additional fees will be communicated to you before you make your decision.
vii. Where you have purchased multiple Course components (e.g. Remote/Online Learning, Ground School, Flight Operations Assessment, Flight Training) as part of a package of products and you cancel one or more of those elements, each component which you cancel will be treated separately and the relevant cancellation terms and administration costs will apply to each cancellation. The value of each of the components will be determined by the then current fee which would apply if you purchased the individual component.
viii. Subject to these Terms, you may cancel the Course by giving written notice to Scottcopters using the email address email@example.com and Scottcopters reserves the right to charge you a cancellation fee. Scottcopters’ policy for such cancellations is set out below:
|Number of full working days’ written notice of cancellation received by Scottcopters from you (before the relevant course component start date)||Cancellation fee due as a % of the fee|
|180 or more||0%|
4.6. Any costs incurred by Scottcopters in preparation of the agreed service will be charged to you but will be limited to a maximum of the Fee, less any applicable cancellation fee.
4.7. Scottcopters cancellation: If (a) Scottcopters declares that a Course is subject to a minimum number of participants and that minimum number of participants is not reached; or (b) a Course cannot be performed due to force majeure or other reasons (including where instructor is ill) beyond Scottcopters’ reasonable control, then Scottcopters may cancel the Course.
4.8. In the situations set out in clause 4.7, Scottcopters will use its endeavours to notify you about the cancellation at least one week before the Course start date. Any Fees paid by you will be refunded. Any other claims by you will be excluded.
4.9 Confirmation of enrollment will be taken as the date when you are emailed said confirmation from Scottcopters.
4.10 Cancellation of Flight / field Training delivered by our partners: If you have arranged for flight / field training which will be delivered by one of our partners, your contract is with that partner, and their relevant terms and conditions will apply to all aspects of this flight / field training booking and invoicing. Scottcopters is in no way liable for any of the flight / field training delivered and invoiced for by our partners.
5. Force Majeure
5.1 Neither Party shall be in breach of these Terms & Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms & Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for one (1) month, the Party not affected may terminate this Agreement by giving written notice of one (1) week to the affected Party.