Welcome to Aerostar’s terms and conditions. The website aerostardigital.com or any products or services in connection with the website/application(on android, windows, IOS or any similar operating system)/products (“Platforms”) and the information, media, services and other materials contained therein(“Content”), are provided and operated by Aerostar Jet Training Academy Private limited (referred to as “we”, “us” “our” or “Aerostar”).
By accessing our Platforms, simply browsing the Platforms or through any modes of registrations or usage of our Content, including through use of any computers, mobile phones, portable storage devises, tablets, smart watches, smart glasses or other storage/transmitting/viewing device, you agree to be bound by the provisions of these terms and conditions (“Terms and Conditions”). These Terms and Conditions, are between Aerostar and you (hereinafter referred to as “You” or “Your” or “User(s)”).
These Terms and Conditions constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 there under, as amended from time to time.
Please note that our certain Content available on the Platforms may at times have a separate set of terms dealing with certain provisions such as refunds, deferrals, payments, etc. governing such Content. Further, we may execute separate written agreements with certain clients. In the event of a conflict between such terms or agreements and these Terms, the provisions of such terms or agreement to the extent of the conflicting provisions, will supersede these Terms.
2. Terms of Access
In order to access the Content on the Platform, You may have to create Your account with Aerostar. You agree and confirm that You will not use another user’s account nor provide access to Your account to any third-party. While creating Your account, You confirm that the information provided by You is true, accurate and complete and that You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity which is untrue. Further, You agree that You are solely responsible for the activities that occur on Your account, and You shall keep Your account password secure and not share the same with anyone. You must notify Aerostar immediately of any breach of security or unauthorized use of Your account. At no point and under no circumstances shall Aerostar be liable for any losses caused by any unauthorized use of Your account, You shall solely be liable for the losses caused to Aerostar or others due to such unauthorized use, if any.
3. Bookings Procedure
Once You are able to determine and confirm that our Content is suitable to Your needs, You shall be required to select and add the Content to Your cart. After the Content is added to the cart, the User shall be required to create a User account by clicking on “Register” and enter Your personal data followed by clicking on the “pay” option, Thus, the participant makes a binding offer to use the selected services provided by the Aerostar.
At the time of registration in the event the User is registering on behalf of another person. The User is required to give the correct details of such proposed user of the Content and only such proposed user shall be allowed to use the Content. Further, the requirement of clearing the exam as mentioned in clause 6 shall have to be complied by such proposed user. The User agrees to inform such proposed user of these Terms and Conditions and that the information provided at the time of registration shall be used for generating the certification of completion of the course by such proposed user. It is hereby clarified that on the usage of the Content, such proposed user shall be considered as the “User” or its variants as mentioned in the Terms and Conditions.
Owing to certain exceptional circumstances, if Aerostar has granted You access to our Content pending payment, and Aerostar does not receive payments within the stipulated time periods, Aerostar may, at it’s discretion, withdraw Your access to our Content without giving any prior notice.
Upon receipt of the payment fee for the Content, either in part or whole, depending on the Content, Aerostar shall provide You with the invoice along with an email confirmation. The qualifying contract to use the Content provided by Aerostar is only applicable after receiving the confirmation email. This email contains the information that the account was set up and the required access and a link for the booked Content via which the User can log on to the Platform and start accessing such Content. It is the User’s responsibility to immediately convey any errors or mistakes in the Content. The User should carefully go through our return policy mentioned below prior to making the payment for the Content.
Aerostar reserves the right to not accept a booking without giving reasons. If the Aerostar does not accept a booking, this will be communicated to the affected Users immediately by email. Bookings are limited to the specific Content offering and do not entitle You to other Content or an extension of access to any Content, for which such Content fees have not been paid.
In the event Aerostar offers any merchandise of physical goods, which are purchased by You. You shall have to specify the address to which the shipment has to be made at the time of purchase at the time of registration. All product(s) shall be delivered directly to the address as specified at the point of ordering and You cannot, under any circumstances whatsoever, change the address after the order is processed. In case of any change in the address, You need to specify the same to us in writing well in advance to the shipping date. Any inconsistencies in name or address will result in non-delivery of our product(s).
While Aerostar may, based on the User’s confirmation, facilitate the demonstration of its products at the location sought by the User, the User acknowledges that they have not been induced by any statements or representations of any person with respect to the quality or conditions of the products and that User has relied solely on the investigations, examinations and inspections as the User has chosen to make and that Aerostar has afforded the User the opportunity for full and complete investigations, examinations and inspections.
4. Terms of Usage
Subject to the Terms, Aerostar hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited license to use the Platforms and its Content, provided that:
However, it is hereby clarified, Aerostar shall not be liable for any loss or damage caused to any other user if the above events take place or there are any breach of these Terms and Conditions by any User.
5. Payment Terms
Unless otherwise expressly agreed in writing by Aerostar, full payment for participation in a Content is required at the time of registration.
It is the sole responsibility of the User enrolling into a Content to check the accuracy of, and evaluate the suitability and relevance of, the Content selected. The enrolment into a Content is non-transferable.
To make payment for any Content or to purchase any services or products offered by Aerostar, You must have internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method"). Aerostar may not store any of Your credit card information or such other information restricted by the Reserve Bank of India for processing payment and may partner with a payment gateways for the payment towards the services. By using a third-party payment provider, You agree to abide by the terms of such a payment provider. You agree that in case Aerostar third-party payment provider stores any such information, Aerostar will not be responsible for such storage, and it will be solely at Your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by You due to the usage of such information will be solely a loss incurred by You. Aerostar is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through such payment gateway.
Failure to pay the fees for the Content may result in withdrawal of Your access to a Content. Depending on the place of Your transaction, the type of payment method used and place where Your payment was issued, Your transaction with us may be subject to foreign exchange fees or exchange rates. Aerostar may not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information You provide to us at the time of enrolment/purchase.
Once the User purchases any course from our Content. The User shall be allowed to access and complete such course within a period of 1 (one) year from the date of purchase of such course. However, on the expiry of the validity period of such course the User may renew their access to the course for an additional year after paying prescribed charges for the same by Aerostar.
For the exchange of physical product(s) of Aerostar, damaged at the time of delivery, the shipping charges shall be borne by Aerostar. However, for exchange of the product(s) for any other reasons (acceptable only at the discretion of Aerostar), it shall be the responsibility of the User to arrange for the return of such canceled product(s) and the shipping charges shall be borne by such User. At the time of the exchange the product should be returned along with the original invoices.
We request You not to accept any physical product package that seems to be tampered with, opened or damaged at the time of delivery, such products must be immediately returned in the same condition as delivered by Aerostar. Any products returned showing signs of any use or damage in any manner shall not be accepted for return.
You may cancel Your registration with us at any time. No refund will be made once the payment (either in part or whole) for a Content has been made. Once payment is made, we do not provide refunds for any reason.
Aerostar may provide You with a limited trial version of the Content consisting of a limited content and/or for a limited period as per the sole discretion of Aerostar. The usage of such trial version shall be as per the terms and conditions set out by Aerostar from time to time. Aerostar shall also have the right to amend or terminate terms and conditions of such trail version or withdraw the free trial version or charge for the trial version at any point of time at the sole discretion of Aerostar. Your free trials may not be combined with certain other offers. If You begin Your subscription with a free trial, You may be ineligible for certain features of a product or service during Your free trial period.
At the end of the course from our Content registered by You. Aerostar may have an exam conducted to evaluate whether the User has gained the understanding and knowledge shared through such course. The User may apply for such exam and on clearing the exam, Aerostar shall provide to the User an online downloadable certificate (and not physical certificate) confirming the completion of the course.
Please note while the exam is voluntary, the certificate of competition of the course shall be provided only after the User has successfully cleared the exam as per the standard of passing such exam set out by Aerostar. The User shall be allowed multiple attempts to give such exam until the completion of course, provided that all such exams are given within the period of validity of the course (within one year from the date of purchase of the course).
The information provided at the time of registration shall be used for processing the User certificate on clearing the exam. Aerostar shall not be responsible or obligated to change the details on the certificate once issued. The User is required to be cautious in entering the details of the person applying for the course at the time of registration and shall not hold Aerostar liable in manner whatsoever for any error in the certificate including any error of name entered by the User or any other person registering on behalf of the User.
You further agree that Aerostar has the right to publish details of the User on completion of the course or on the use of the Content for any of its marketing, promotional, research, strategic client analysis or for other purposes whatsoever as Aerostar may decide it its sole discretion.
7. Intellectual Property Right
You agree that all information, content, material, trademark, trademark applications, trade name, service mark, service mark applications, copyright, copyright applications, database, algorithms, manuscripts, computer programs and other software, know-how, trade secret, proprietary processes and formula, patents, patent applications, patent rights, trademarks, , inventions, trade dress, logos, design and all documentation and media constituting, describing or relating to the above including but not limited to the software, text, images, graphics, video, script and audio, contained on the , Platforms, its Conant and other products and services offered by Aerostar are proprietary property of Aerostar (“Proprietary Information”).
You agree that Proprietary Information shall not be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written consent from Aerostar and nothing on the Platforms or Content shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to Aerostar, to the User. You may own the medium on which the information, content or materials resides, but Aerostar shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by Aerostar on such medium.
You agree not to not decompile, reverse engineer, or disassemble the Platforms or its Content or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any medium any Content, information or software, or any part of it, obtained from the Platforms or Aerostar, or remove any copyright, trademark registration, or other proprietary notices from the Platforms or its Content and shall not commit any act that amounts to the infringement of intellectual property or make available any material that infringes any intellectual property rights or other proprietary rights of Aerostar or anyone else,
Certain contents on the Platforms may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, You recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.
In the event You find that the information provided on the Platforms or its Conant is incorrect, or if You are the owner of any information or content and wish that such information or content be removed from the Platforms or its Content, kindly notify us along with all documents evidencing the same.
You expressly acknowledge that all information, data and content of Aerostar not freely or generally available on the Platforms shall be treated by You as confidential (“Confidential Information”).You agree to keep the Confidential Information in strict confidence and shall take all precautions and care to protect and safeguard such Confidential Information. You expressly agree to not use any of the Confidential Information for any purpose or manner other than as stated in this Terms and Conditions, without the prior written Consent of Aerostar.
Further You acknowledge and agree to be liable for:
You acknowledge the commercial and strategic value of the Confidential Information to Aerostar and understands that unauthorized disclosure of such Confidential Information would not only diminish the value of the Confidential Information but will also be injurious to Aerostar.
You hereby undertake to use the Confidential Information solely for the purposes for which it was disclosed and to use the same for such purposes only during the subsistence of these Terms and Conditions.
You may disclose any of the Confidential Information to any governmental body having jurisdiction over these Terms and Conditions or in response to a valid order of a court or if such disclosure is otherwise required by law, provided that You have first given us a prior written notice of such disclosure requirements and that You have made all reasonable efforts to protect the Confidential Information in connection with such disclosure.
You shall not be entitled to publish, reproduce or copy any of the Confidential Information, unless and to the limited extent it permitted in these Terms and Conditions or for any other purpose as may be expressly permitted to in writing by Aerostar.
You acknowledge and agree that content and other services and products provided by you to by aerostat are on an “as is” and “as available” basis with all faults and without any warranty of any kind.
You hereby acknowledge that aerostar, its authorized representatives, officers, directors, employees, contractors, subcontractors, consultants, facilitators, educators, speakers, experts and agents (“affiliates”) have not provided any warranties, express or implied, in connection with the platforms or for the use of the content thereof. Further, you acknowledge that aerostar and its affiliates disclaims and excludes all warranties, conditions, terms or representations about the accuracy or completeness of the content or the content of any linked websites or applications and assumes no liability or responsibility for any:
Aerostar does not warrant, endorse, guarantee, or assume responsibility for any content advertised or offered by any third party either through our platforms or any hyperlinked services or featured in any banner or other advertising, and aerostar will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of content or services advertised on our platforms. Aerostar will not be liable for any transactions conducted by you with third parties through the linked sites or for any liability arising from the representations or information provided on such linked sites. As with the purchase of a subscription or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
No advice or information, whether oral or written, obtained by the user from aerostar its affiliates or through or from the platforms or through the use of our content or any third party sellers, distributers or promoters whether online or offline, shall create any warranty by aerostar.
You further agree that your use of the platforms or access of our content shall be at your sole risk, for which we shall not be liable. The user will be solely responsible for any damage to the user, the user's computer system, electronic device or any loss of data that results from the download of such material or data. It shall be your own responsibility to ensure that services provided by us meet your specific requirements.
Please note that our platforms is controlled and offered by aerostar which is operating in india. Aerostar makes no representations that the platforms is appropriate or available for use in any location outside india. Those who access or use the platforms from outside india do so at their own discretion and are responsible for compliance with local law in their respective jurisdiction.
10. Limitation of liability
Notwithstanding anything to the contrary contained in this terms and conditions, you waive all claims against aerostar and its affiliates for any consequential, incidental, indirect, special, exemplary or punitive damages (including but not limited to, loss of actual or anticipated profits, revenues or product; or loss of use), and regardless of whether any such claim arises out of breach of contract, tort, product liability, indemnity, contribution, strict liability or any other legal theory.
To the fullest extent permitted by law, in no event shall aerostar or its affiliates be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever including those resulting from any
Further, in no event, regardless of the form of the claim or cause of action (whether based in contract, infringement, negligence, strict liability, other tort or otherwise), shall aerostar cumulative liability to you exceed an amount of inr 1,000/- (rupees one thousand) or the price you have paid for the content giving rise to the claim or cause of action, whichever is lower.
Under no circumstances shall aerostar be held responsible in any manner for any content provided by other users even if such content is offensive, hurtful or offensive. Please exercise caution while accessing the platforms.
11. Cancellation and Remedies.
The occurrence of any one or more of the following matters shall constitute a default under the Terms and Conditions (a “Default”): (a) failure by the User to observe and perform any covenant, condition or agreement on its part to be observed or performed hereunder, (b) breach of any term or provision of these Terms and Conditions by the User, (c) the insolvency, dissolution, or liquidation of the User, or the filing of a petition in bankruptcy by or against User or the adjudication of Users as bankrupt, or any general assignment by User for the benefit of its creditors, or the application for, or consent to, the appointment of any receiver, trustee, custodian, or similar officer by the User; or (d) failure (or admission in writing of inability or unwillingness) by the User to pay amounts due and payable to Aerostar hereunder. In the event of a Default, Aerostar may avail itself of any and all rights or remedies available at law or in equity. In such instances, Aerostar may also disclose Your Users information if required by any Governmental or legal authority without notice to You. You understand that the violation of these Terms and Conditions could also result in civil or/and criminal liability under applicable laws.
The User agrees and acknowledges that its breach of this Terms and Conditions may result in irreparable harm to Aerostar, which may not be compensated in money and therefore, that upon any such breach, Aerostar shall be entitled to seek appropriate equitable relief including the relief of specific performance and injunctive relief, in addition to whatever remedies it might have at law.
12. Miscellaneous Provisions
These Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of India, without regard to conflicts of law principles. Each of the parties irrevocably agrees and consents (a) the courts at Rajkot, Gujrat, India shall have exclusive jurisdiction to try any disputes arising out of any of the terms of this Agreement; and (b) that if it brings an action, such action shall be instituted exclusively in one of the courts specified in (a) above.
The User shall not assign, convey or transfer their rights accruing under these Terms and Conditions, or any part thereof, without the prior written consent of Aerostar. Aerostar has the rights to freely transfer any of its rights under these Terms and Conditions to any third parties without the requirement of seeking Your consent.
All notices required hereunder shall be in writing and
Whenever possible each provision and term of these Terms and Conditions will be interpreted in a manner to be effective and valid, but if any provision or term of these Terms and Conditions are held to be prohibited, invalid or unenforceable, then such provision or term will be ineffective only to the extent of such prohibition or unenforceability without invalidating or affecting in any manner whatsoever the remainder of such provision or term or remaining provisions hereof. To the extent permitted by law, the parties hereto waive any provision of law that renders any such provision prohibited or unenforceable in any respect. If any of the covenants set forth in these Terms and Conditions are held to be unreasonable, arbitrary, or against public policy, such covenants will be considered divisible with respect to scope, time, and geographic area, and in such lesser scope, time and geographic area, will be effective, binding and enforceable against the parties hereto.
Representations and Authority to Execute
You shall not, at any time during the subsistence of these Terms and Conditions and for a period of three (3) years, from the date of termination or expiry of this Terms and Conditions, as the case may be, entice away or endeavour to entice away any employee of Aerostar. You acknowledge that the prohibition and restriction contained in this clause are reasonable in the circumstances and necessary to protect Aerostar’s business.
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Aerostar and its Affiliates from and against any and all actions, penalties , claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising directly or indirectly from:
(i) Your access to the Platforms or use of the Content;
(ii) Your breach or violation of any term of these Terms and Conditions;
(iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(iv) any claim that You caused damage to a third party;
(v) violation of any applicable laws;
;(vi) information or content that You or others post or otherwise make available on the Platforms; or (vii) any acts of negligence or omissions, unfair & unethical business practices followed by You. This defence and indemnification obligation will survive these Terms and Conditions and Your use of the Platform
Neither party will be liable to the other party for any breach or delay in the performance of its obligations under this Terms and Conditions, where such breach or delay is caused by or results from an event or circumstance beyond the reasonable control of either party, including but not limited to any act of nature, war and acts of war, strikes, riots, industrial actions, lock-outs, accidents, thefts, fire, blockade, power cut, import or export embargoes, physical obstructions, national catastrophes, acts of God, epidemic, pandemic, terrorist attacks, failure of public or private telecommunication systems, governmental laws, regulations, orders, or decrees or any other occurrence beyond either parties reasonable control (“Force Majeure”). If one party is affected by an event of Force Majeure it shall promptly notify the other party of the occurrence of that event and the parties may discuss and seek to reach an agreement in good faith that is fair and reasonable.
No course of dealing or failure of Aerostar to strictly enforce any term, right or conditions of these Terms and Conditions shall be construed as a waiver of such term, right or condition. No express waiver of any term, right or condition of these Terms and Conditions shall operate as a waiver of any other term, right or condition.
Compliance with Laws and Regulations
You are responsible for complying with any and all applicable central, state and local laws, codes, ordinances, rules, regulations, and administrative orders, including, without limitation, export and import laws, rules and regulations and any and all other product safety laws, rules and regulations.
The headings contained in these Terms and Conditions are included solely for convenience of reference and shall not affect the language included herein.
Time is of the essence in the performance of these Terms and Conditions.
Notwithstanding anything contained herein, these Terms and Conditions may be modified or changed at any time. You agree to be bound by such modifications or revisions. Your continued use of the Platforms post any modification of the Terms and Conditions shall be taken as Your consent and acceptance to such modifications. You agree and acknowledge that Your use of the Platforms is subject to the most current version of the Terms and Conditions made available on the Platforms at the time of such use. You agree that Aerostar shall not be liable to You or any third party for any modification, suspension or discontinuance of the Content or the Platforms. All prices are subject to change without notice.
Aerostar reserves the right to refuse access to You to use the Platforms or to suspend and/or terminate the access granted to You to our Platforms or Content at any time without according any reasons for doing so.
If You uses the Content of the Platforms for any use other than as specified in these Terms and Conditions, any right accruing to You under these Terms and Conditions shall be withdrawn and Your right to use our Content shall immediately cease without further action by Aerostar.
You acknowledge that Your participation on the Platforms, does not make You an employee or agency or partnership or joint venture or franchise of Aerostar.
Use of Name
Except as expressly provided herein, You shall not use the names Aerostar Jet Training Academy Private limited or any of our respective Affiliates or divisions or any derivations thereof in any application, advertisement, publications, or sales materials without our prior written consent.
13. Customer Care:
Any feedback You provide with respect to the shall be deemed to be non-confidential. Aerostar shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Aerostar is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Aerostar for the feedback under any circumstances, unless specified.
We make all best endeavours to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at [email protected]