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Terms and Conditions - Training Courses

Please read these Terms carefully before purchasing.

By purchasing, you are confirming your agreement to be bound by these Terms.

Kittyhawk Drones Partnership number is OC402006

Its registered office is Pound Court, Pound Street, Newbury, Berks, RG14 6AA

 

1. Ordering Procedure

1.1. – Following receipt by Kittyhawk Drones of your order for a Course and, where applicable, payment of the Fee you will receive an email confirming that your order has been received by Kittyhawk Drones. Your order will be subject to acceptance by Kittyhawk Drones of your offer to purchase in accordance with clause 1.3 below.

1.2. – A legally binding agreement shall not come into existence until Kittyhawk Drones has accepted your offer to purchase a Course by:

1.2.1. Sending you an order acceptance confirmation email or written order acceptance confirmation by post, which will be effective upon sending or posting to you at the email or postal address you have provided

1.2.2. Receiving payment for the Course in cleared funds from yourself or if applicable your employer in accordance with these Terms.

1.3. Where your order consists of multiple Courses, each individual Course will be treated by Kittyhawk Drones as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Courses will not be an acceptance by Kittyhawk Drones of your offer to purchase any other Courses which make up your order.

1.4. Kittyhawk Drones reserves the right to withdraw at any time Courses advertised for sale on the Website and/or the Brochure.

2. Payment Terms

2.1. – The Fee for any Course at any given time will be displayed on the Website and/or will be notified to you by a Kittyhawk Drones Customer Services representative. Fees are quoted, and payment shall be made in pounds sterling, exclusive of VAT and any Additional Charges.

2.2. – If you purchase a Course on the Website:

2.2.1 The Fee excluding VAT and any delivery charges payable in relation to delivery of Study

Materials, if applicable, will be shown prior to completion of the online transaction;

2.2.2 Kittyhawk Drones will debit the Fee from your credit card or debit card on or after the day you make an order for a Course. Your order will be confirmed only upon receipt of the Fee in cleared funds by Kittyhawk Drones and will be subject to acceptance of your offer to purchase by Kittyhawk Drones in accordance with clause 1.

2.3. – The provision of the Course is contingent upon Kittyhawk Drones having received cleared funds from you or your employer (if you select to invoice your employer) in respect of the Fee for the relevant Course. Without prejudice to Kittyhawk Drone’s rights and remedies under these Terms, if any sum payable is not paid in cleared funds on or before the due date (being the date the Course is booked if you are responsible for paying the Fee or within 30 days from the date of the invoice if your employer is responsible for paying the Fee, save that payment will be due immediately if booking is made less than 30 days before the Course start date), Kittyhawk Drones reserves the right, forthwith and at Kittyhawk Drone’s sole discretion, to suspend the provision to you and refuse you entry to the relevant Course.

2.4. Where you choose to invoice your employer for the payment of the Fee, the following additional terms shall apply:

2.4.1. Upon receiving your order form signed by the training manager or other individual designated by your employer, Kittyhawk Drones will send an invoice to your employer; 2.4.2. Full payment in cleared funds of the Fee is due from your employer within 30 days from the date of the invoice;

2.4.3. Payment is due immediately if booking is made less than 30 days before the Course start date;

2.4.4. You and your employer are joint and severally liable for all unpaid invoices; and 2.5. Where applicable, no Study Materials will be made available online, dispatched to you by Kittyhawk Drones or be made available for collection, unless Kittyhawk Drones has received full payment in cleared funds from you or your employer (including payment of delivery charges where applicable) in respect of the related Fee.

2.6. Kittyhawk Drones reserves the right to charge late payment interest on any overdue amounts, at a rate of 6% a year above the base lending rate of the Bank of England from time to time. The interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.

2.7. – Kittyhawk Drones reserves the right to recover any reasonable debt collection costs in connection with these Terms.

2.8. – Kittyhawk Drones will not bear your travel or accommodation expenses.

3. Cancellation Rights

3.1. – There may be circumstances under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”) when you may wish to cancel your purchase of the Course. However, your right to cancel and obtain any refund will be lost if you have given Kittyhawk Drones express consent to supply any services during the Cancellation Period and the service has been performed.

3.1.1. You do not have a right to change your mind in respect of other services, once these have been completed, even if the cancellation period is still running. If express consent has been given but the service is only part performed, you will be liable to pay for the services actually received.

3.2. Subject to clause 3.1, there may be circumstances under the Consumer Contracts

(Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”) when you may cancel your purchase of the Course within a period of 14 calendar days (“Cancellation Period”) from the date on which the contract is concluded subject to clause 1. The following rules apply:

3.2.1. Within the Cancellation Period, you must inform Kittyhawk Drones of your decision to cancel by emailing info@kittyhawkdrones.co.uk

3.2.2. On cancellation you will be entitled to a full refund of the Fees subject to the following limitations:

3.3. – 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 Kittyhawk Drones of the cancellation. The period for refund will increase to 30 days if Kittyhawk Drones is unable to credit a UK bank account.

3.4. For further details of your rights under the Consumer Contracts Regulations you can visit your local Citizens’ Advice Bureau or visit the Competition and Markets Authority website.

3.5. 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.

3.6. Kittyhawk Drones reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside clause 2 and clause 4 and to charge an additional fee in any such event to cover the administration costs incurred by Kittyhawk Drones. Any such additional fees will be communicated to you before you make your decision.

3.7. Where you have purchased multiple Classroom Courses as part of a Kittyhawk Drones package of products and you cancel or defer one or more of those Classroom Courses, each Classroom Course which you cancel or defer will be treated separately and the relevant cancellation and deferral terms and administration costs set out in this clause 3 will apply to each cancellation or deferral.

3.8. Subject to these Terms, you may cancel the Course by giving written notice to Kittyhawk Drones using the email address info@kittyhawkdrones.co.uk and Kittyhawk Drones reserves the right to charge you a cancellation fee.

3.9. Kittyhawk Drone’s policy for such cancellations is set out below:

X = Number of full days’ written notice of cancellation received by Kittyhawk Drones from you (days before the Course start date) Y= Cancellation fee due as percentage of the Fee

X                             Y

0 – 4 100%
5 – 29 80%
30 – 59 50%
60 – 89 30%
90 – 179 10%
180 and more 0

3.10. Any costs incurred by Kittyhawk Drones 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.

3.11. Kittyhawk Drones cancellation. If (a) Kittyhawk Drones 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 beyond Kittyhawk Drones’s reasonable control, then Kittyhawk Drones may cancel the Course.

3.12. In the situations set out in clause 3.11, Kittyhawk Drones 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. Deferment and Delay

4.1. If, due to force majeure or other reasons beyond Kittyhawk Drones’s reasonable control (Including where the instructor is ill), the Course 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.

5. Courses

5.1. Please see the description of the Course on the Website for details of the contents of the available Courses.

5.2. Except as set out in the description of the Course on the Website, no additional Study Materials and/or tuition (either online, face to face or classroom) will be provided by Kittyhawk Drones.

5.3. You acknowledge that Kittyhawk Drones operates a zero-tolerance policy in relation to inappropriate behaviour of students. In particular abusive or violent behaviour directed at Kittyhawk Drone’s staff or other students and unfair or dishonest practices including but not limited to cheating, will not be tolerated under any circumstances. Kittyhawk Drones may at its reasonable discretion and without liability or an obligation to refund Fees, refuse to supply any Classroom Course to any student and may refuse to admit to, and may remove from any Kittyhawk Drones premises, any student whose participation in any Classroom Course would, in Kittyhawk Drone’s reasonable opinion, be undesirable or whose behaviour Kittyhawk Drones considers is or may be in breach of these Terms.

5.4. You must comply with all health and safety rules and regulations and any other reasonable security requirements (including relevant safety and accident prevention rules applicable for training within Kittyhawk Drones) that apply at the premises at which Classroom Courses are provided.

5.5. You must only use the premises at which Classroom Courses are provided for the purposes of participating in Classroom Courses.

5.6. Training will take place at the Kittyhawk Drones training premises. Daily schedules of training will correspond with the customary working hours of Kittyhawk Drones unless otherwise agreed upon in writing. Kittyhawk Drones is responsible for performing the training. Kittyhawk Drones reserves the right for the training to be partly or wholly performed by duly qualified third parties in Kittyhawk Drone’s name.

5.7 KITTYHAWK DRONES holds public liability insurance for UAS operations to a minimum value of £1000000 in accordance with EC785/2004. A copy of this insurance policy is available to the Client upon request.

5.8 With respect to training courses, KITTYHAWK DRONES’ policy is that each Candidate must hold valid Public Liability insurance cover prior operating their UAS.  Candidate’s insurance details must be available for KITTYHAWK DRONES to inspect prior to flight; if the Candidate cannot provide evidence of such cover, then clause 16.4.2 will apply.

5.9. If you require a visa to enable you to study with Kittyhawk Drones, then you are responsible for obtaining the necessary visa and for ensuring that your attendance is satisfactory to meet your visa requirements.

5.10. You must sign an attendance register for each Classroom Course as required by the instructor.

5.11. Your personal possessions are your sole responsibility and Kittyhawk Drones accepts no responsibility and/or liability for anything that is lost or stolen from its venues. You are advised during a Classroom Course to keep your valuables with you at all times.

5.12. If a successful completion of the training requires any test or examination, the test or examination will be made according to the applicable Kittyhawk Drones rules. Kittyhawk Drones does not warrant that the participant will reach the intended training level, nor does Kittyhawk Drones warrant that a participant will pass the exam.

6. Regulatory and legislative change

6.1. Certain Courses will periodically be superseded by new legislation or the issue of new regulations. Following the enactment of new legislation or the issue of new regulations, Kittyhawk Drones may produce Courses covering the new material. If new legislation or regulations supersedes existing Courses, these may be available for purchase as new courses

7. Warranties

7.1. Kittyhawk Drones will provide the Study Materials in accordance with the Course description that is set out on the Website.

7.2. Kittyhawk Drones expects you to take reasonable care to verify that the Course and Study Materials in question will meet your needs. Kittyhawk Drones does not make any commitment to you that you will obtain any particular result from your use of the Study Materials or that you will obtain any particular qualification on completion of the Course (unless otherwise stated on the Website).

7.3. Kittyhawk Drones does not make any representation, guarantee or commitment to you that the Study Materials will be error free.

7.4. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.

7.5 KITTYHAWK DRONES warrants that:

7.5.1 it holds a valid CAA PfCO authorising the use of UAS required to carry out the Services under this agreement; and

7.5.2 Its pilots are trained and qualified to operate UAS equipment and are authorised to do so under KITTYHAWK DRONES’ PfCO and insurance.

8. Limitation of liability

8.1. The exclusions and limitations of liability contained in these Terms do not apply to a party’s liability: (i) for fraud or fraudulent misrepresentation; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.

8.2. Except as set out in these Terms, Kittyhawk Drones shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories: a) indirect or consequential losses;

  1. loss of income or revenue;
  2. loss of business;
  3. loss of anticipated savings; or
  4. loss or corruption of data.
    • Save as otherwise set out in this clause 8, Kittyhawk Drone’s maximum aggregate liability to you for any claims that you may have against Kittyhawk Drones for direct loss in contract, tort (including negligence) or otherwise arising out of or in connection with these Terms, the Course and the Study Materials and any technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf.
    • Kittyhawk Drones will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond Kittyhawk Drone’s reasonable control. This condition does not affect your statutory rights. 8.5. – Each provision in this clause 8 shall be construed separately as between you and Kittyhawk Drones. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.

9. Intellectual Property

9.1. At all times, Kittyhawk Drones and/or its licensors, remain the owner of the intellectual property in the Courses and the Study Materials. No Course and/or Study Materials, nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of Kittyhawk Drones.

9.2. In consideration of receipt by Kittyhawk Drones of the Fee, Kittyhawk Drones grants to you a non-exclusive, non-transferable licence to use the Study Materials for the sole purpose of studying for the Classroom Course and/or the Online Course.

9.3. Save as expressly set out in these Terms, you may not modify, copy, reproduce, republish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Study Materials.

9.4. Use of the Study Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either Kittyhawk Drone’s copyright or Kittyhawk Drone’s other intellectual property rights, and/or the copyright or other intellectual property rights of Kittyhawk Drone’s licensors.

10. Data protection

10.1. – Kittyhawk Drones will process the information it receives from you or otherwise holds about you in accordance with these Terms and the privacy policy, that is available on our website or by contacting us at info@kittyhawkdrones.co.uk. You consent to the use by Kittyhawk Drones of such information in accordance with these Terms and Kittyhawk Drone’s privacy policy.

10.2. On occasion we may conduct online surveys. This is used to gauge our service, collect demographic information and other information that we may find useful. This information is aggregated, and no individual personal information is supplied with this.

11. General

11.1. Kittyhawk Drones may update or amend these Terms from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

11.2. These Terms constitute the entire agreement and understanding between us and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of these Terms.

11.3. You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing.

11.4. Kittyhawk Drones may assign, transfer or sub-contract any of its rights or obligations under these Terms to any third party at its discretion.

11.5. No relaxation or delay by Kittyhawk Drones in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by Kittyhawk Drones in writing.

11.6. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.

11.7. Any notices required to be served on you by Kittyhawk Drones under these Terms will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address, notified by you to you, at Kittyhawk Drone’s discretion.

11.8. A notice delivered personally is deemed to be given on the day on which it was left at the specified address. A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by fax or email is deemed to be given on the day it was sent.

11.9. The agreement between you and Kittyhawk Drones will be concluded in English only. 11.10. The agreement between you and Kittyhawk Drones which is compromised in these Terms is not intended to be for the benefit of any third party and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.

11.11. These Terms, and any other matters arising out of or in relation to these Terms, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these Terms.

  1. MISCELLANEOUS
  • This agreement is subject to any special conditions in the Particulars. If there is an inconsistency between a special condition and another provision of this agreement, the special condition prevails.
  • This agreement will be read subject to any applicable laws and regulations.
  • All prior representations, warranties, arrangements, understandings and agreements concerning the subject matter of this agreement are superseded.
  • Any variations or assignments by the Client to this agreement will not be enforceable unless they are made in writing, prior to the variation or assignment and signed by both parties. KITTYHAWK DRONES may assign its rights by written notice to the Client.
  • KITTYHAWK DRONES may delegate and/or assign all or any of its rights or obligations under this agreement to a third party.
  • This agreement is governed by and interpreted in accordance within U.K. laws.
  • A waiver by KITTYHAWK DRONES in respect of any breach of a condition or provision of this agreement shall not be deemed to be a waiver in respect of any other or any subsequent breach.
  1. DEFINITIONS
  • CAA” means the Civil Aviation Authority.
  • Date(s) for Services” means the agreed date(s) for KITTYHAWK DRONES to provide the Services set out in the Particulars.
  • Deliverables” means any tangible results of the Services produced or generated by KITTYHAWK DRONES including photographs, negatives, prints and literary works produced or generated by the KITTYHAWK DRONES in the course of providing the Services.
  • Delivery Date” means the agreed date for KITTYHAWK DRONES to provide the Deliverables to the Client set out in the Particulars.
  • Fee” means the fee for the Services and Deliverables set out in the Particulars.
  • VAT” means the goods and services tax levied under the Value Added Tax regime or any other goods and services tax, consumption tax or tax of similar effect levied from time to time.
  • Intellectual Property Rights” includes all copyright and neighbouring rights including all rights in relation to inventions (including patent rights), registered and unregistered trademarks and registered designs.
  • Services” means all services to be performed by KITTYHAWK DRONES under this agreement.
  • “PfCO” means Permission for Commercial Operations.
  • UAS” means Unmanned Aerial System.

These Terms, and any other matters arising out of or in relation to these Terms, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these Terms.

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