TERMS AND CONDITIONS OF
WWW.MYFLIGHTTRAINING.CA AND WWW.MYFLIGHTTRAINING.COM
Last revision: March 18, 2023.
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Canadian Flight Trainers Ltd. (the “Website”). Canadian Flight Trainers Ltd. may also conduct business as CFT, Canadian Flight Trainers, or MY FLIGHT TRAINING . CA.
Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
2. USE OF COMPANY MATERIALS
3. ACCOUNT AND ACCOUNT USE
If your use of the Website requires an account identifying you as a user of the Website (an “Account”):
a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account,
c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate, and
d) you agree to not share your password or login information with a third-party.
When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
5. SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
6. FREE TRIAL
We sometimes offer the following free trial of our goods and services: A 7 day free trial that begins when students register for a new account for applicable courses. The free trial includes access to the purchased course on our site.
At the end of your free trial, the following will occur: You will automatically be billed our monthly subscription rate. If you do not want to be billed, you will need to cancel your subscription before your free trial ends.
To cancel your free trial, please follow these steps: Visit https://www.myflighttraining.ca/my-account/subscriptions/ and Cancel the subscription.
We reserve the right to end your free trial prior to the 7-days and immediately charge your payment method for continued course access if you have accessed more than 10% of the course you have registered for.
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription. There are no refunds on subscription payments.
7.1 Subscription Extensions
On the occasion, a student may want to extend their subscription because they were unable to finish the course in time or for any other reason. Students who have already paid full price for an existing course subscription are eligible to extend their course duration using the monthly subscription plan. This monthly subscription plan will continue until cancelled by the student.
Customers or students who have not paid for a ground school course, but enrol in the monthly plan will have their subscription changed to the 4-month recurring subscription plan without notice – this includes students who change to the monthly plan during a trial period or students who enrol directly into the monthly plan. If a student is changed into the 4-monthly plan under the stated conditions, they will forfeit their right to a 7-day free trial and may be subject to an immediate and non-refundable payment of the 4-month subscription rate.
Subscription extensions are only to be used by long term existing students who have studied with Canadian Flight Trainers for longer than 4 months.
7.2 Free Trials
A free trial on our website is offered to customers on certain flight training courses.
Even though customers have the ability to repeatedly register for courses where free trials are included, only one free trial is authorized to each student/customer for any one type of course, regardless of the access time period chosen. If a customer registers for a course more than once where a free trial is normally included, the customer forfeits the right to a free trial period where a previous free trial was already used or cancelled.
Example: Student 1 registers for a 9 month PPL course on January 1st and cancels their free trial on January 5th. The same student registers for the same course on March 1st, but for 4 months of access. The student does not have a free trial on their March 1st subscription or any subsequent subscriptions. CFT may take immediate payment upon registration after March 1st.
A free trial may be cancelled and immediate payment processed when the student views, accesses, or downloads more than 10% of the course for which they have registered for. Students are not entitled to any refunds 7 days after the moment of purchase/registration or when 10% of the course has been accessed, viewed, or downloaded, whichever comes first. For any purchase or subscription which includes a trial period, students are not entitled to any refunds once the trial period has expired and the student has paid for their subscription or full price of the course.
Access to courses may be removed or limited if a customer cancels during their free trial period. CFT reserves the right to cancel a free trial for whatever reason within a trial period.
8. SHIPPING, DELIVERY AND RETURN POLICY
You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When placing an order for any physical item or course, you agree to provide us with a valid email, phone number, shipping address, and valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products or any courses, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.
For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:
Canadian Flight Trainers Ltd.
8088 Twenty Rd
Smithville ON L0R 2A0
If you are unhappy with anything you have purchased on our Website, you may do the following:
For any courses sold directly by CFT where there was no trial period granted, students are entitled to a refund, upon request, within 7 days of the time of purchase as long as less than 10% of the course has been accessed, viewed, or downloaded. Courses purchased through third-parties are not eligible for any refunds.
Any fees relating to subscription renewals are non-refundable.
All physical products from the pilot shop are guaranteed to be shipped brand new, or as described, and if applicable, in their original packaging. As such, all pilot shop items are final sale once shipped. If a customer requests a refund on pilot shop items prior to order completion, they are entitled to a refund minus any processing fees incurred as a result of the transaction.
Fees incurred as a result of a ROC-A examination are non-refundable.
9. ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Canadian Flight Trainers Ltd.
You further agree not to use and/or access the Website:
a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
10. PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where we may operate.
When you register for an account, you must provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Any information provided to us, including your name, address, phone number, or other personal identifying information must be correct and accurate. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal and provincial laws. After this period, all information about you will be deleted.
11. ASSUMPTION OF RISK
The Website is provided for communication purposes only. You acknowledge and agree that any information posted on our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and Canadian Flight Trainers Ltd. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.
12. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
13. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.
You defend and indemnify Canadian Flight Trainers Ltd., any of its affiliates, directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees and hold us harmless against any and all legal claims and demands, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to so.
15. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
16. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
17. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
Internet communications are subject to interception, loss or alteration and, as consequence, you acknowledge that information or data you provide by electronic means by accessing or using this Website are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
19. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Canadian Flight Trainers Ltd. arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Canadian Flight Trainers Ltd. in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kin.
20. RADIO OPERATOR CERTIFICATE AERONAUTICAL (ROC-A) EXAMINATIONS
All examinations done towards the issuance of a Radio Operator Certificate – Aeronautical will be completed by an authorized examiner of ISED. All fees relating to an ROC-A exam are non-refundable.
20.1 ROC-A Examination No Shows
When a customer and an examiner have set a time to meet for a radio operator certificate examination and the customer fails to attend, a supplementary $30 fee will apply for any recurrent bookings.