Terms & Conditions
FTMS Terms & Conditions
Last Modified: 18 December, 2022
The following terms and conditions govern your Account and use of Services with Flight Training Made Simple (FTMS). Your contract and Account are with FTMS. By signing up for the FTMS service or using the FTMS website (our “Services”) or any of the Services of FTMS you are agreeing to be bound by the following terms and conditions.
Any new features or tools which are added to the current Services shall be also subject to the Terms & Conditions. You can review the current version of the Terms & Conditions at any time here. FTMS reserves the right to update and change the Terms & Conditions by posting updates and changes to the FTMS website. We recommend that you check the Terms & Conditions from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Terms & Conditions agreement, as well as FTMS's Privacy Policy, & Cookies Policy incorporated herein by reference, before you use the Services or create a FTMS account (“Account”).
Everyday language summaries are provided for your benefit and are not legally binding. Please read the “Terms & Conditions” for the complete picture of your legal requirements. By using FTMS or any FTMS Services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
You agree to the following terms relating to your account:
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You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Services or have such authorization from your parents or guardian.
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You must provide your full legal name & a valid email address, and any other information needed in order to complete the signup process.
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You are responsible for ensuring that your registration information is true, accurate and complete.
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You acknowledge that FTMS will use the email address you provide as the primary method for communication.
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You are responsible for keeping your password secure. FTMS cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
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A breach or violation of any term in the Terms & Conditions as determined in the sole discretion of FTMS will result in an immediate termination of your Services.
Which means:
You have to use your own information to create a valid FTMS Account and you are responsible for the details of that account. Remember that we can cancel your service if you violate any of these terms. If we need to reach you, we will send you an email to the email that you provided.
2. Account Activation
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Subject to section 2.2, the person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of our Terms & Conditions and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Services.
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If you are signing up for the Services on behalf of your student, you shall be the Account Owner. If you are signing up for the Services on behalf of your student, then you represent and warrant that you have the authority to bind your student to our Terms & Conditions.
Which means
The person signing up for the FTMS Course is responsible for the account and is bound by these Terms & Conditions. If you sign up on behalf of your student, your student owns the account and is also bound by our Terms & Conditions.
3. General Conditions of Use
The following general conditions apply to your use of the Services:
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Support is only provided to paying Account Owners and is only available via email.
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You are responsible for the conduct on your Account.
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You must ensure that you do not:
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reproduce, duplicate, copy, sell, resell or exploit any portion of the Courses, use of the Courses, or access to the Courses without our express written permission;
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circumvent or attempt to circumvent any limitations imposed on your account;
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attempt to circumvent any license, timing or use restrictions that are built into the Courses; or
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lend, resell, lease or sublicense or otherwise use the Courses for the benefit of a third party, unless we have given you prior written authorization
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Questions about the Terms & Conditions should be sent to pilot@instruction.com.
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You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
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We do not knowingly provide services or sell products to children. If you are below the age of 16, you may use our website or the Services only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information and do not use this website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at pilot@instruction.com.
Which means
The FTMS Courses belongs to us. You are not allowed to steal or copy it or use it for any illegal or sketchy purpose.
On the internet, your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
Do not use our services if you are a minor without the authorization of your parent or guardian.
4. FTMS Rights
The following are FTMS's rights in regards to the Courses and these Terms & Conditions:
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We reserve the right to modify or terminate the Courses for any reason, without notice at any time.
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We reserve the right to refuse our Courses to anyone for any reason at any time.
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We may, but have no obligation to, remove Content or suspend an Account Owner’s access to the Courses if they share or otherwise make available Content to any party and violate our intellectual property rights or these Terms & Conditions.
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Verbal or written abuse of any kind (including threats of abuse or retribution) by an Account Owner or its representatives directed at any FTMS customer, FTMS employee, member, or officer will result in immediate account termination.
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We reserve the right to provide our Courses to your competitors and make no promise of exclusivity in any particular market segment.
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In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your government issued photo ID, the last four digits of the credit card on file, and/or your student license or medical.
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FTMS retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful Account Owner, FTMS reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
Which means:
We can modify, cancel or refuse the Courses at anytime.
In the event of an ownership dispute over a FTMS account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT FTMS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR FAILURE OF WRITTEN AND/OR VERBAL EXAMS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE.
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IN NO EVENT SHALL FTMS OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING INCLUDING NEGLIGENCE). YOU AGREE TO INDEMNIFY AND HOLD US AND (AS APPLICABLE) OUR PARENT, SUBSIDIARIES, AFFILIATES, FTMS PARTNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
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Your use of the Courses is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
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FTMS does not warrant that the Courses will be uninterrupted, timely, secure, or error-free.
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FTMS does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
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FTMS does not warrant that the quality of any products, Services, information, or other material purchased or obtained by you through FTMS will meet your expectations, or that any errors in the Courses will be corrected.
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IN NO EVENT WILL FTMS’S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BY STATUTE, CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE LESSER OF: THE FEES PAID BY YOU FOR THE FTMS SERVICES HEREUNDER DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE OR R800.
Which means:
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Services are “as is” so it may have errors or interruptions and we provide no warranties.
The total amount of our potential liability is limited to one month of your fees paid to us minus deductions for third party services and taxes.
6. Waiver and Complete Agreement
The failure of FTMS to exercise or enforce any right or provision of the
Terms & Conditions shall not constitute a waiver of such right or provision.
The Terms & Conditions constitutes the entire agreement between you and FTMS and govern your use of the Services, superseding any prior agreements between you and FTMS (including, but not limited to, any prior versions of the Terms & Conditions).
Which means:
If FTMS chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These Terms & Conditions make up the agreement that applies to you. This means that any previous agreements between you and FTMS don’t apply if they conflict with these terms.
7. Payment of Fees
A valid credit card is required for accounts able to process orders using a live payment gateway.
Account Owners must dispute any discrepancies or errors in their invoices within two weeks of their receipt of an invoice/bill.
All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and Services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of FTMS’s products and Services, including without limitation, your subscription to or purchase of FTMS’s ecommerce Services (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings.
FTMS does not provide refunds.
Which means:
For live payment gateways, a valid credit card is required.
For monthly memberships, you will be billed every 30 days and have 2 weeks to pay.
No refunds.
8. Cancellation and Termination
You may cancel your membership account, if applicable, at any time by emailing pilot@instruction.com and then following the specific instructions indicated to you in FTMS’s response.
Once cancellation is confirmed, all of your details will be immediately
deleted from the Services. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
If you cancel the Services in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
We reserve the right to modify or terminate the Services for any reason,
without notice at any time.
Fraud: Without limiting any other remedies, FTMS may prevent you from
creating an account or suspend or terminate any account that you create if we suspect that you (by conviction, settlement, insurance or escrow
investigation, or otherwise) have engaged in fraudulent activity in
connection with the Services.
Which means:
To initiate a cancellation of memberships, email pilot@instruction.com. FTMS will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, your account will be deleted at the end of the active period. If you cancel in the middle of the month, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
9. Modifications to the Services and Prices
Prices for using FTMS are subject to change without notice from
FTMS.
FTMS reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice.
FTMS shall not be liable to you or to any third party for any modification,
price change, suspension or discontinuance of the Services.
Which means:
We may change or discontinue the Services at anytime, without liability.
10. Languages
The parties have agreed that this arrangement will be established and all related documents be written in English.
Which means:
We both wanted these terms to be in English.