Terms and Conditions
Aviation Media & IT GmbH, Jan. 1st 2011
1. Application
Each contractual relationship between Aviation Media & IT GmbH (THE COMPANY) and a private consumer by the definition of § 13 BGB (THE CUSTOMER) shall be governed these Terms and Conditions and German civil law. The company will not recognize provisions that contradict or deviate from these Terms and Conditions unless it has expressly approved these provisions in written form.
If the contracting party is one of commercial interest by the definition of § 14 BGB the contractual relationship shall be governed by a separate agreement on the terms of the contractual relationship. If no such agreement was concluded these Terms and Conditions shall be applied alternatively.
2. Conclusion of Contract
The order of the customer is understood as his offer to the company to conclude a (purchase) contract for the goods ordered. The contract comes off by the company accepting this offer explicitly or shipping the goods ordered. A confirmation of the order (e.g. by email) does not express the contractual consent of the company.
3. Right of Revocation and Consequences of Revocation
The customer may revoke his contractual declaration within two weeks without specifying reasons or prior notice in text form (e.g. by letter, fax or e-mail) or by returning the goods. The revocation period runs after receipt of this advice in text form but neither before receipt of the goods by the recipient nor before fulfillment of the information obligations in compliance with Art. 246 § 2, § 1 Abs. 1 and 2 EGBGB and § 312e I 1 BGB, Art. 246 § 3 EGBGB.
To comply with the revocation period it suffices to send off the revocation notice or the goods in good time. Notice of revocation shall be declared to:
Aviation Media & IT GmbH
Mr Andreas Gall (MD)
Schwabachstraße 1
91077 Neunkirchen am Brand
Germany
Fax: +49 9134 706423
E-Mail: office{at}skytest.de
With regard to software products the right of revocation ceases after unsealing the software (physically or electronically by installation and activation of the software).
In the event of a revocation legally effective, the services received by both parties must be returned and any uses obtained (e.g. interest) must be surrendered. The customer may have to provide value compensation if he cannot, either in whole or in part, return the received goods to the company or can only do so in an impaired state. Compensation claims will not accrue if impairment of the goods can be attributed solely to their inspection.
Goods that can be shipped have to be returned at the companies`s risk and cost. Obligations to reimburse payments must be fulfilled within 30 days. With regard to the customer the period will run after declaration of revocation or shipping of the goods, with regard to the company with its receipt.
4. Shipping
The company will ship the goods to the address indicated by the customer. Shipping costs may apply subject to the current shipping costs lists on the skytest.de/.com websites.
5. Payments, Delay and Reminder
The customer shall pay the purchase price ex ante by bank transfer, by cash on delivery or ex ante by PayPal®. A payment by cash on delivery is limited to customers with a German shipping address.
If delivery is carried out in advance of payment, the company is entitled to demand default interests in case of late payment if it reminded the customer of its payment obligations with a final term for payment.
6. Reservation of Title and Licenses
The goods delivered remain property of the company until completely paid for.
SkyTest® software products are subject to the provisions of the SkyTest® License Agreement. Customer is advised that software products of third party companies distributed by the company may be subject to deviating license provisions.
7. Privacy Statement
The customer will share certain personal information with the company like his name, address and email address.
The use and storage of this information is governed by German data protection law. The company may only share personal information of the customer with third parties to the extent necessary to fulfill mutual contractual obligations. The company will not exploit personal information of the customer for marketing purposes without the explicit consent of the customer.
The company will undertake necessary precautions to protect personal information of the customer against unauthorized third party access but remains entitled to check the information for accuracy.
8. Material Defects
Rights and claims of the customer in cases of material defects of goods are subject to the provisions of the governing law.
SkyTest® License Agreement
Aviation Media & IT GmbH, Jan. 1st 2011
SkyTest® preparation software (THE SOFTWARE) is a product of Aviation Media & IT GmbH (THE COMPANY) and protected by IP and trademark laws. License purchase and use of the software is governed by the company`s Terms and Conditions and the provisions of this License Agreement.
1. Definitions
Software means all contents of the files provided including but not limited to all updates, upgrades, modified versions and additions licensed to the customer. The software and all updates, upgrades, modified versions and additions are provided as intangible media download or on hardcopy (CD).
License means the right of the customer for the non-exclusive installation and unlimited use of the software on up to two private computers as long as customer complies with the provisions of this license agreement. No rights to the software will accrue customer other than those specified herein. The software is distributed as a non-transferable license. The license, the software or any portion of it may not be re-distributed, sold, rented, leased, sublicensed, shared or copied to any third party or third party computer unless explicitly permitted by the company.
2. License Fee
The software is not sold; rather software copies are licensed to the customer. License is granted upon receipt of a one-time license fee to the company denoted as purchasing price of the software on the websites skytest.de/.com. The license fee covers all charges for the software license including free updates in the first year after license purchase.
3. License Activation
Each license has to be activated after first installation of the software on a computer of the customer with account username and password in a process of online registration. Activation information is provided along with the software copy. Customer shall not make activation information accessible for unauthorized parties.
If the software shall be installed on a computer of the customer that cannot establish an internet connection, license may be activated in a process of manual registration supported by the support desk of the company.
4. System Environment
The company warrants that the software will perform as advertised and in accordance with the documentation for the software under the operating systems Microsoft® Windows XP®, Microsoft® Windows Vista® and Microsoft® Windows 7® with Microsoft® .NET Framework 3.5 installed.
5. Warranty
The software is provided AS IS and AS AVAILABLE. The company warrants to the customer that the software will perform substantially as advertised including the provisions of this license agreement and in accordance with the documentation for the software.
Uninterrupted connectivity of the website, the server and activation template and the uninterrupted approachability of support are not warranted to the customer.
The company can neither warrant training results the customer obtains using the software nor the customer`s performance outcome in later pre-employment screening after preparation with the software. Despite a careful research of information and development of the software actual test conditions at the screening site may differ from the tests composed in the software.
6. Customer Privacy
The company respects customer privacy rights and will not share customer information with third parties if not required for fulfillment of mutual contractual obligations.
The customer will be asked to disclose certain personal information such as name, gender, address and email address upon purchase of a software license. This information is collected and saved to register the license under the customer`s name and prevent illegal installations of the software.
The company will not use customer information for marketing purposes without explicit consent of the customer.
Customer may opt to share information in community boards embedded in the software. Customer may also opt to share personal performance scores for the tests compiled in the software with the company. If customer agrees to disclose personal performance scores the company may consolidate this information under the premises of anonymity to create benchmark scores of average user performance and share these consolidated scores with the customer community. The company endorses to disclose personal information thoughtfully.
The company takes appropriate precautions to protect customer information from unauthorized access. By using the software and the website the customer agrees to have his personal information transferred to and stored on a server in Germany. The administration of personal information is subject to German law.
Aviation Media & IT GmbH, Jan. 1st 2011
1. Application
Each contractual relationship between Aviation Media & IT GmbH (THE COMPANY) and a private consumer by the definition of § 13 BGB (THE CUSTOMER) shall be governed these Terms and Conditions and German civil law. The company will not recognize provisions that contradict or deviate from these Terms and Conditions unless it has expressly approved these provisions in written form.
If the contracting party is one of commercial interest by the definition of § 14 BGB the contractual relationship shall be governed by a separate agreement on the terms of the contractual relationship. If no such agreement was concluded these Terms and Conditions shall be applied alternatively.
2. Conclusion of Contract
The order of the customer is understood as his offer to the company to conclude a (purchase) contract for the goods ordered. The contract comes off by the company accepting this offer explicitly or shipping the goods ordered. A confirmation of the order (e.g. by email) does not express the contractual consent of the company.
3. Right of Revocation and Consequences of Revocation
The customer may revoke his contractual declaration within two weeks without specifying reasons or prior notice in text form (e.g. by letter, fax or e-mail) or by returning the goods. The revocation period runs after receipt of this advice in text form but neither before receipt of the goods by the recipient nor before fulfillment of the information obligations in compliance with Art. 246 § 2, § 1 Abs. 1 and 2 EGBGB and § 312e I 1 BGB, Art. 246 § 3 EGBGB.
To comply with the revocation period it suffices to send off the revocation notice or the goods in good time. Notice of revocation shall be declared to:
Aviation Media & IT GmbH
Mr Andreas Gall (MD)
Schwabachstraße 1
91077 Neunkirchen am Brand
Germany
Fax: +49 9134 706423
E-Mail: office{at}skytest.de
With regard to software products the right of revocation ceases after unsealing the software (physically or electronically by installation and activation of the software).
In the event of a revocation legally effective, the services received by both parties must be returned and any uses obtained (e.g. interest) must be surrendered. The customer may have to provide value compensation if he cannot, either in whole or in part, return the received goods to the company or can only do so in an impaired state. Compensation claims will not accrue if impairment of the goods can be attributed solely to their inspection.
Goods that can be shipped have to be returned at the companies`s risk and cost. Obligations to reimburse payments must be fulfilled within 30 days. With regard to the customer the period will run after declaration of revocation or shipping of the goods, with regard to the company with its receipt.
4. Shipping
The company will ship the goods to the address indicated by the customer. Shipping costs may apply subject to the current shipping costs lists on the skytest.de/.com websites.
5. Payments, Delay and Reminder
The customer shall pay the purchase price ex ante by bank transfer, by cash on delivery or ex ante by PayPal®. A payment by cash on delivery is limited to customers with a German shipping address.
If delivery is carried out in advance of payment, the company is entitled to demand default interests in case of late payment if it reminded the customer of its payment obligations with a final term for payment.
6. Reservation of Title and Licenses
The goods delivered remain property of the company until completely paid for.
SkyTest® software products are subject to the provisions of the SkyTest® License Agreement. Customer is advised that software products of third party companies distributed by the company may be subject to deviating license provisions.
7. Privacy Statement
The customer will share certain personal information with the company like his name, address and email address.
The use and storage of this information is governed by German data protection law. The company may only share personal information of the customer with third parties to the extent necessary to fulfill mutual contractual obligations. The company will not exploit personal information of the customer for marketing purposes without the explicit consent of the customer.
The company will undertake necessary precautions to protect personal information of the customer against unauthorized third party access but remains entitled to check the information for accuracy.
8. Material Defects
Rights and claims of the customer in cases of material defects of goods are subject to the provisions of the governing law.
SkyTest® License Agreement
Aviation Media & IT GmbH, Jan. 1st 2011
SkyTest® preparation software (THE SOFTWARE) is a product of Aviation Media & IT GmbH (THE COMPANY) and protected by IP and trademark laws. License purchase and use of the software is governed by the company`s Terms and Conditions and the provisions of this License Agreement.
1. Definitions
Software means all contents of the files provided including but not limited to all updates, upgrades, modified versions and additions licensed to the customer. The software and all updates, upgrades, modified versions and additions are provided as intangible media download or on hardcopy (CD).
License means the right of the customer for the non-exclusive installation and unlimited use of the software on up to two private computers as long as customer complies with the provisions of this license agreement. No rights to the software will accrue customer other than those specified herein. The software is distributed as a non-transferable license. The license, the software or any portion of it may not be re-distributed, sold, rented, leased, sublicensed, shared or copied to any third party or third party computer unless explicitly permitted by the company.
2. License Fee
The software is not sold; rather software copies are licensed to the customer. License is granted upon receipt of a one-time license fee to the company denoted as purchasing price of the software on the websites skytest.de/.com. The license fee covers all charges for the software license including free updates in the first year after license purchase.
3. License Activation
Each license has to be activated after first installation of the software on a computer of the customer with account username and password in a process of online registration. Activation information is provided along with the software copy. Customer shall not make activation information accessible for unauthorized parties.
If the software shall be installed on a computer of the customer that cannot establish an internet connection, license may be activated in a process of manual registration supported by the support desk of the company.
4. System Environment
The company warrants that the software will perform as advertised and in accordance with the documentation for the software under the operating systems Microsoft® Windows XP®, Microsoft® Windows Vista® and Microsoft® Windows 7® with Microsoft® .NET Framework 3.5 installed.
5. Warranty
The software is provided AS IS and AS AVAILABLE. The company warrants to the customer that the software will perform substantially as advertised including the provisions of this license agreement and in accordance with the documentation for the software.
Uninterrupted connectivity of the website, the server and activation template and the uninterrupted approachability of support are not warranted to the customer.
The company can neither warrant training results the customer obtains using the software nor the customer`s performance outcome in later pre-employment screening after preparation with the software. Despite a careful research of information and development of the software actual test conditions at the screening site may differ from the tests composed in the software.
6. Customer Privacy
The company respects customer privacy rights and will not share customer information with third parties if not required for fulfillment of mutual contractual obligations.
The customer will be asked to disclose certain personal information such as name, gender, address and email address upon purchase of a software license. This information is collected and saved to register the license under the customer`s name and prevent illegal installations of the software.
The company will not use customer information for marketing purposes without explicit consent of the customer.
Customer may opt to share information in community boards embedded in the software. Customer may also opt to share personal performance scores for the tests compiled in the software with the company. If customer agrees to disclose personal performance scores the company may consolidate this information under the premises of anonymity to create benchmark scores of average user performance and share these consolidated scores with the customer community. The company endorses to disclose personal information thoughtfully.
The company takes appropriate precautions to protect customer information from unauthorized access. By using the software and the website the customer agrees to have his personal information transferred to and stored on a server in Germany. The administration of personal information is subject to German law.
Topics
Additional Products
Terms and Conditions
SkyTest® License Agreement
Download of Terms and Conditions
Additional Products
SkyTest® is eager about providing the most comprehensive product range for pilot and ATC screening preparation. Our choice of products available in English is constantly growing. Yet, we already offer addional software and print media in German, that can be operated with basic language skills. Visit our German website to learn more. If you have any questions on additional products, do not hesitate to contact our support staff.
All prices on this page include VAT, can be subject to additional shipping and handling fees.
