Your consent to these terms and conditions constitutes part of the contract of sale of goods and for supply of services under EU Consumer Contracts Regulations and other applicable UK, RoI and EU law including the RoI Sale of Goods and Supply of Services Act 1980 and the UK Consumer Rights Act 2015. The law requires us to set out certain of your rights, including the right to cancel the contract.
The parties to the contract are you, the consumer, and:
- for ATPdigital and Bristol Groundschool Aviation Theory Training Courses – Bristol Groundschool Europe Limited, Company number 587499 (“Bristol Groundschool Europe”), Registered office: 26 Upper Pembroke Street, Dublin 2, DUBLIN, D02 X361, Republic of Ireland;
- for BGSonline – Bristol Groundschool (UK) Limited, Company number 04680634 (“Bristol Groundschool UK”), Registered office: 2 Charnwood Court, Newport Street, Swindon, Wiltshire, SN1 3DX; and
- for the BGS Webinar Library, Bristol Groundschool International Limited, Company number 09532736 (“Bristol Groundschool International”), Registered office: Windmill Road, Kenn, Clevedon, UK, BS21 6UJ
“Bristol Groundschool” means as appropriate Bristol Groundschool Europe, Bristol Groundschool UK, and Bristol Groundschool International and their associated and subsidiary companies, servants and agents.
By pressing ‘Buy now’ on the website or by providing your debit or credit card details over the telephone you will place an order for goods and/or services. By accepting these terms and conditions you explicitly acknowledge that placing the order implies an obligation to pay. Bristol Groundschool then has a legal duty to supply goods and/or services that are in conformity with the contract.
Our charges for packing and shipping/postage are based on the weight and destination. Shipping charges are calculated at checkout.
Delivery of Products
Our intention is to dispatch training manuals, software and supporting materials within two working days (normally within one working day) of receipt of your valid payment. Occasionally this may not be possible for reasons beyond our control but we will always dispatch products as soon as possible.
Training materials will be dispatched by courier. EU and UK orders will normally be fulfilled within one working week. For international orders please allow 2 to 4 weeks, although delivery is normally faster than this. We will always notify you when your product is dispatched and can nearly always provide you with a tracking number on request.
Provision of Services
The delivery of the vocational services may, at the sole discretion of Bristol Groundschool, be contracted-out to a third party, in which case Bristol Groundschool will contract with the third party to provide the vocational training services, on Bristol Groundschool’s behalf, to you. In that case, there will be a trainee/trainer direct relationship between you, the trainee, and the instructors provided by the third party. You will, under those circumstances, retain a commercial relationship with Bristol Groundschool who will be responsible for procuring the vocational training services from the third party for delivery to you.
Your right to cancel
EU and UK Consumer Contracts Regulations give you a right to cancel the transaction within 14 days after the day of receipt of the goods or services, with some exceptions such as the provision of services and digitally downloaded content and software. This 14-day period is known as the cancellation period or cooling off period. Bristol Groundschool vocational training courses consist of services and digitally downloaded content and software. Optionally you may purchase goods incidental to the training.
In the case of digitally downloaded content and software the law requires the download to be withheld by us until the end of the 14-day cooling off period unless both parties consent to waive the right to cancel. By accepting these terms and conditions you give your express consent to waive the right to cancel for digitally downloaded content and software, effective from the point the download starts.
In the case of provision of a service the law also prohibits us from supplying that service during the cooling off period unless you make an express request. By accepting these terms and conditions you are making such an express request for us to provide any service which you have purchased effective from the point of order and without waiting for the expiry of the cancellation period.
This does not affect your rights under the Sale of Goods and Supply of Services Act 1980 and other applicable EU or UK consumer legislation.
If the cancellation request is received by us within 14 days of purchasing goods supplied by Bristol Groundschool, we will make a full refund if the goods are returned in a resalable condition. If the goods are returned in a poor condition, we reserve the right to make a deduction to reflect the goods’ reduced value. You are responsible for the cost of return shipping.
If the cancellation request is received by us outside the 14-day cooling off period, no refund will be given for physical goods.
Services and Digital Download
If the cancellation request is received by us within 6 months of purchasing Bristol Groundschool services or digitally downloaded content or software, refunds will be made as follows:
- If the course or subscription is more than 75% complete – no refund is due.
- If the course or subscription less than 75% complete – 25% refund is due.
- No refund will be given for services that have been delivered including subscriptions for dates that have passed.
If a course consists of a combination of services and digitally downloaded content and software, Bristol Groundschool will in its sole discretion determine what proportion of the purchase price is allocated to each element and therefore how much of the course has been completed and what refund is due.
If the cancellation request is received by us after 6 months from the date of purchasing Bristol Groundschool services or digitally downloaded content and software, no refund is available.
Software and Hardware requirements
The minimum specification for hardware and operating systems is as specified on Bristol Groundschool’s website, as amended from time to time.
Your Licence to Use ATPdigital
This end-user Licence Agreement is a legally binding agreement between you and Bristol Groundschool the provider of this software application.
“ATPdigital” means the software application and its associated databases and files produced by Bristol Groundschool and supplied by download.
“Third party applications” means software applications owned by third parties and distributed under licence by Bristol Groundschool.
“Content” means all the text, images and video sequences produced by Bristol Groundschool.
“Licence” means this agreement.
“The User” means the original licensed purchaser of a copy of ATPdigital.
“Major Release” means a version of ATPdigital denoted by whole version number digits; for example Version 9.0 will be the major release following Version 8.0
“Minor Release” means a version of ATPdigital denoted by subsidiary number; for example Version 8.3 will be the first minor release following the issue of Version 8.2
“Training Provider” means the training school approved by EASA or other aviation regulator with which the User is registered and/or the training school approved by EASA or other aviation regulator from which the User purchased ATPdigital.
“Vocational Training” in the context of this agreement means training that is directed towards the acquisition by you of a commercial pilot’s licence and the associated vocational skills, which will be transferable from one employment to another, or to self-employment, provided by means of a structured programme, which has concise aims, objectives and clear anticipated outcomes.
Software Product Licence
The Content is protected by copyright laws and international copyright treaties. ATPdigital is protected by international treaties and laws relating to intellectual property. ATPdigital and the Content is owned and is the copyright of Bristol Groundschool. ATPdigital is not sold to you but is licensed to you for your personal use within the terms of the Licence.
This Licence grants the User the right to install a copy of ATPdigital on two computers. Additional copies may be installed with the permission of Bristol Groundschool.
The Licence does NOT permit the User to install ATPdigital on any form of network server or other local area distribution medium. In the event that permission for such an installation is required you must contact Bristol Groundschool to arrange a separate licence.
This Licence strictly forbids the copying, lending, leasing or resale of ATPdigital or the distribution of the ATPdigital by any means for the use of anyone other than the User.
This Licence forbids any attempt to reverse engineer or otherwise attempt to de-compile ATPdigital.
This Licence forbids any attempt to defeat, destroy, disable or otherwise circumvent the copy protection systems associated with ATPdigital or other included Third Party Applications.
The manufacturers of Third Party software retain in full their copyright and intellectual property rights.
If your order includes a copy of ATPdigital you are purchasing a licence to use the ATPdigital software that is restricted to your own personal use. The licence is unlimited in time but warranties and technical support associated with the product are limited in time. By accepting these terms and conditions you explicitly agree to the terms of the licence as detailed below.
If your order includes a subscription to BGSonline or teh BGS Webinar Library, you are purchasing a licence to use the service that is restricted to your own personal use. The licence, warranties and technical support associated with the service are limited to a defined time period. By accepting these terms and conditions you explicitly agree to the terms of the licence as detailed below.
Bristol Groundschool, in its sole discretion and at any time, may modify the price it charges for any of its products or services, either for a specified period, or until further notice. Any price change will become effective at the time and for the period chosen by Bristol Groundschool.
Bristol Groundschool is not obliged to give any notice of price changes, which will not be applied retrospectively to purchases already completed at the time the price change becomes effective.
Bristol Groundschool warrants that ATPdigital, BGSonline and the BGS Webinar Librarywill perform substantially in accordance with the User Guides for a period of 90 days from the date of receipt or to the end of the purchased subscription period, whichever is the lesser. No other warranty or implied warranty is offered under the terms of this licence.
To the maximum extent permitted by applicable law Bristol Groundschool will not be liable for any damages whatsoever, including without limitation direct or indirect damages for personal injury, business loss or any pecuniary loss arising from the use of ATPdigital, BGSonline or the BGS Webinar Library.
In any event of costs associated with failure of ATPdigital to conform in accordance with the warranty the maximum extent of liability to Bristol Groundschool and your sole remedy shall be the greater of £30 or the actual purchase price paid by the User for ATPdigital.
In any event of costs associated with failure of BGSonline or the BGS Webinar Library to conform in accordance with the warranty the maximum extent of liability to Bristol Groundschool and your sole remedy shall be the greater of £5 or the actual purchase price paid by the User for the subscription.
Abuse or Misuse
If any costs incurred by yourself result from the misuse, misapplication, accident or abuse of ATPdigital, BGSonline or the BGS Webinar Library then Bristol Groundschool shall incur no liability whatsoever.
If any costs incurred by any party result from the unauthorised use of ATPdigital, BGSonline or the BGS Webinar Library then Bristol Groundschool shall incur no liability whatsoever.
The user shall be entitled to receive technical support for ATPdigital from Bristol Groundschool for 18 months from the date of purchase and for BGSonline or the BGS Webinar Library for the duration of the purchased subscription service, subject to the following provisions:
Requests for technical support shall be submitted by e-mail to Bristol Groundschool using the address email@example.com or by telephone during published open hours to +44(0)1275 340444.
Bristol Groundschool’s responses to request for technical support shall be made by e-mail or by telephone.
You will indemnify Bristol Groundschool from all consequences arising from any written or verbal advice given by Bristol Groundschool‘s technical support personnel.
Technical support will be limited to issues directly related to the installation and operation of ATPdigital, BGSonline or the BGS Webinar Library.
ATPdigital technical support will include access to any Minor Releases to ATPdigital or amendments to the Content as may be made available for download from our technical support web pages.
Extended or Enhanced Technical Support
Your Training Provider may purchase additional or enhanced technical support on your behalf. This may include entitlement to free issues of Major Release upgrades and/or an extended technical support period.
You may purchase extended or enhanced technical support directly from Bristol Groundschool.
ATPdigital, BGSonline and BGS Webinar Library – Personal Use only