TERMS AND CONDITIONS

THE CLIENT ACCESS TO THE COURSE MODULES IS FOR PERSONAL USE ONLY. THE CLIENT MUST NOT RETRANSMIT, PUBLISH, DISTRIBUTE, DISPLAY, GIVE ACCESS OR OTHERWISE MAKE AVAILABLE ANY OF THE COURSE MODULES OR OTHER CONTENT TO OTHERS, OTHERWISE IT WILL RESULT IN THE IMMEDIATE TERMINATION OF THE COURSE MODULES WITHOUT THE POSSIBILITY OF REQUESTING ANY REFUND.

ARTICLE 1 - Introduction

The present Terms and Conditions (hereinafter, the “T&Cs”) apply to the sale of the Courses by the Company to the Client on the Website, as these terms are defined below.

ARTICLE 2 – Definitions

The terms contained in the T&Cs have the following precisely defined meanings and apply to capitalized terms (except for personal pronouns that may be written in uppercase or lowercase letters), unless specified otherwise:
“Clients” means consumers or professional clients. Consumer means a physical person that acts according to purposes unrelated and/or not referable to the entrepreneurial, commercial, craftmanship or professional activities. Professional means any physical person or legal entity that acts within its commercial, industrial, craftmanship or professional framework of activities.
“Company” means GD Aviation Solutions SAS, located 67 Cours Mirabeau, 13100 Aix-en-Provence, registered at Aix-en-Provence Trade and Companies Register under number 913 025 227.
“Intellectual Property Rights” (“IPR”) means all rights related to inventions, patents, trademarks, industrial designs, geographical indications of origin, copyrights, reputation and other intellectual property rights that already exist or will subsequently exist, all their applications and registrations, updates and extensions, under the laws of any country, territory or other jurisdiction.
“Personal data” means data about the Client used for his identification, such as name, address, e-mail address or telephone number and other similar information.
“Privacy Policy” means the rules and requirements on the collection, storage and use of Personal data Client available here:
https://online.airlineselectionprogramme.com/privacy.
“Courses” means the eLearning course modules and associated services developed by the Company and available on the Website for helping pilots to succeed at airlines selection.
“Website” means the website www.airlineselectionprogramme.com and all related subdomains.
Contact details: info@airlineselectionprogramme.com; ‭+33 4 65 84 77 40‬.‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬

ARTICLE 3 – General terms

The main characteristics of the Courses, including all the substantial information required by the applicable regulations, are available on the Website.
It is the Client's responsibility to read this information before placing an order. The choice and purchase of the Courses is the sole responsibility of the Client.
The T&Cs are systematically applicable to all Clients prior to the conclusion of the contract for the provision of Courses and shall prevail, where applicable, over any other version or any other contradictory document. The T&Cs can be accessed at any time on the Website.
The T&Cs apply to the exclusion of all other terms and conditions including the Client’s general conditions. They may be supplemented by specific conditions, set out on the Website, prior to any transaction with the Client.
In the absence of proof to the contrary, the data recorded in the Company’s computer system constitutes proof of all transactions concluded with the Client.
As these T&Cs may be subject to subsequent modification, the version applicable to the Client's purchase is that in force on the day the contract is concluded.

ARTICLE 4 – Orders
The Client selects on the Website the Courses he wishes to order.
In order to purchase the Courses via the Website, the Client must open an online account on the Website. If the Client has already registered on the Website, he can log into his account using the user’s name and password that the Company were provided with when he registered.
Contractual information is presented in French and in English and is confirmed at the latest when the order is validated by the Client.
The registration of an order on the Website is completed when the Client accepts the T&Cs by ticking the appropriate box and validates the order. The Client has the opportunity to check the details of the order, its total price and to correct any errors before confirming his acceptance. The Client may change his order at any time up to the point he confirms the payment.
Confirmation implies acceptance of the T&Cs in their entirety and constitutes proof of the sales contract.
It is the Client's responsibility to check the accuracy of the order and to report any errors immediately.
The sale of the Courses shall only be considered definitive once the Company has both sent the Client confirmation of acceptance of the order by e-mail and received payment of the full price.
Any order placed on the Website constitutes the formation of a distance contract between the Client and the Company.
Once confirmed and accepted by the Company, under the conditions described above, and except where otherwise provided by law, the order cannot be cancelled.
Once the order is confirmed and fully paid, the Client shall be entitled to view content of the Courses purchased on the Website and view or download related resources where it was made possible by the Company.
The Client shall have access to the Courses purchased for a period as stated in the Website. Once this period is over, the right of download or view shall be enabled and the Client shall have to pay another fee to obtain a new access.

ARTICLE 5 – Fees

The Courses offered by the Company are provided at the fees in force, as detailed on the Website, at the time the order is registered by the Company. Prices are expressed in Euros, inclusive of VAT.
The Company reserves the right to modify fees at any time.
Invoices shall made available to the Client electronically after payment (full or fractioned payments), sent by email or registered in the Client’s area of the Site.

ARTICLE 6 – Payment terms

The fees are payable in Euros, in advance, in full, on the day the order is placed by the Client, in accordance with the terms specified in Article 4, by secure payment by credit card: Visa, Mastercard or any other credit card available on the Site at the time of payment.
If available on the Site, payment of the fees can be fractioned in 3 installments, free of charge. These payment facilities may be limited to certain Courses or associated services and do not fall under the regulations on consumer credit in accordance with article L312-4 of the French Consumer Code.
Payment data is exchanged in encrypted mode using the SSL (Secure Socket Layer).
If fractioned payment is made, the Company reserves the right to suspend the delivery of certain Courses or associated services until full payment of the fees.

ARTICLE 7 – Provision of the Courses

The Company shall grant a non-exclusive, non-sub-licensable, non-transferrable right to access to the Courses for a limited period of time, as stated in the Website.
The Client is informed and accepts that all Courses are given in English.
The Courses ordered by the Client shall be accessible immediately after the final validation of the Client's order and payment or, in case of a scheduled training appointment, at the date of such training, as determined with the Client. In case of a scheduled training appointment, the Client shall receive a request for confirmation at least 24 hours before the beginning of the training appointment. The Client must confirm its attendance or, if unable to attend, can reschedule the training appointment once, as soon as possible and at least 4 hours before the beginning of the training appointment. Failing to do so, the training is considered as due, without the possibility for the Client to request any refund.
If fractioned payment is made, services associated to the Courses such as 16PF questionnaire or 1-to-1 services shall only be available after full payment of the fees.
The Company undertakes to use its best efforts to provide the Courses ordered by the Client, within the framework of an obligation of means. The Company excludes any liability for any delay in providing the Courses. However, if the Client is a consumer as defined in the French Consumer code, if the Courses ordered have not been supplied within 7 days after the payment, for any reason other than force majeure or the fault of the Client, the Client may notify the Company, under the conditions provided for in article L216-6 of the French Consumer Code, of the cancellation of the sale, after having given the Company formal written notice to perform within a reasonable additional period which the Company has failed to comply with. In the event of cancellation of the sale, the sums paid by the Client shall be returned to him within 14 days of the date of cancellation of the contract.

ARTICLE 8 – Absence of right of withdrawal

No right of withdrawal is granted to the Client qualified as professional.
In accordance with the legal provisions in force concerning the supply of digital content (article L221-28 of the French Consumer Code), except for the scheduled training appointments, the Client, qualified as consumer, expressly accepts that the supply of the Courses shall begin as soon as his order has been validated, i.e. before the end of the 14-day period. By confirming and paying his order, the Client expressly accepts that the Courses be immediately performed before the end of the right of withdrawal and acknowledges be aware of the loss of its right of withdrawal. The Client shall receive from the Company a confirmation of its express acceptance of the full performance of the Courses before the end of the right of withdrawal and of the loss of its right of withdrawal.

Consequently, the orders of Courses are firm and final. They may not be exchanged, reimbursed or retracted.
Concerning the scheduled training appointments, the Client, qualified as consumer, has 14 days from the conclusion of the contract to exercise his right of withdrawal from the Company and cancel his order, without having to give any reason or pay any penalty, for the purpose of reimbursement.

The right of withdrawal can be exercised online, (i) using the withdrawal form appended to the T&Cs in which case an acknowledgement of receipt will be immediately communicated to the Client by the Company, or (ii) any other unambiguous statement expressing the Client's wish to withdraw from the contract, in particular by post addressed to GD Aviation Solutions, 67 cours Mirabeau, 13100 Aix-en-Provence or by e-mail info@airlineselectionprogramme.com, mentioning the order concerned by the withdrawal.
The sums paid by the Client will be reimbursed within 14 days from receipt by the Company of notification of the Client's withdrawal.

Right of withdrawal is not applicable if the scheduled training appointments are performed before the end of 14-day period. In such a case, the Client expressly (i) agrees that he gives his consent for a full performance of the training before the end of the right of withdrawal and (ii) acknowledges that he waives his right of withdrawal. The Client shall receive from the Company a confirmation of its express acceptance of the full performance of the training before the end of the right of withdrawal and of the loss of its right of withdrawal.

ARTICLE 9 –Warranty

The Courses comply with the regulations in force in France.

USE OF THE COURSES IS PROVIDED "AS IS”, AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES TO THE CLIENT FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE COURSES PROVIDED HEREUNDER FOR DAMAGES OF ANY KIND.
The Client shall have the possibility to contact the support in case of errors in the Courses by email at .

ARTICLE 10 – Liability

The Company shall not be held liable in the event of non-compliance with the legislation of another country in which the Courses are provided, which it is up to the Client, who is solely responsible for the choice of Courses requested.
10.1 Legal warranty of conformity
The Company guarantees the Client against any lack of conformity of the Courses ordered.
In the event of non-compliance, the Client may demand that the defective Courses be made compliant, that a new compliant Courses be supplied free of charge or, failing this, at the Company’s option, that the price be reduced or that the sale be rescinded.
In any case, for the Clients qualified as professionals, the liability of the Company shall be limited to the direct damages (excluding any indirect or consequential damages) and capped at the sums paid by the Client for the courses over the last 6 months.
10.2. Exclusion of warranties
The Company shall not be held responsible or liable for any delay or non-performance resulting from: (i) the occurrence of a case of force majeure, (ii) non-compliance with the legislation of a country other than France, which it is the Client's responsibility to check before placing an order, (iii) in the event of misuse of the Courses.
10.3. Warranty for consumers
"The consumer has the right to invoke the legal guarantee of conformity in the event of the appearance of a lack of conformity during a period of 2 years from the date of supply of the digital content. During the period of 1 year from the date of supply of the digital content, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.
The legal warranty of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service.
The legal warranty of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and without major inconvenience to him.
The consumer may obtain a reduction in price by keeping the digital content or service, or he may terminate the contract by obtaining a full refund in exchange for renouncing the digital content or service, if:
1° The professional refuses to bring the digital content or service into conformity;
2° The compliance of the digital content or service is unjustifiably delayed;
3° The digital content or service cannot be brought into compliance without incurring costs for the consumer;
4° Bringing the digital content or service into conformity causes major inconvenience to the consumer;
5° The non-conformity of the digital content or service persists despite the professional's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in price or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer only has the right to cancel the contract if the contract does not provide for the payment of a price.
Any period during which the digital content or service is unavailable to be brought back into conformity suspends the warranty that was still running until the digital content or service was supplied in conformity again.
These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
"A professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.

ARTICLE 11 – Data privacy - BLOCTEL

Pursuant to Law 78-17 of January 6, 1978, amended by Law n°2018-493 of June 20, 2018, the personal data requested from the Client is necessary, in particular for the processing of his order and the preparation of invoices.
This data may be communicated to any partners of the Company entrusted with the execution, processing, management and payment of orders.
The processing of information communicated via the Website complies with legal requirements regarding the protection of personal data, the information system used to ensure optimal protection of such data and in particular the RGPD, as well as any other legislative or regulatory provision in force, the information system used to ensure optimal protection of such data.
The methods of collecting and processing personal data, as well as the rights of the Client with regard to such data, can be consulted on https://online.airlineselectionprogramme.com/privacy, which the Client must consult and accept, in particular when placing an order.
In accordance with current national and European regulations, the Client has the right to permanent access, modification, rectification, opposition, portability and limitation of processing of information concerning them. The Client may exercise its rights by sending an email to the following address: .
As a consumer, the Client has the right to register free of charge on the Bloctel telephone anti-solicitation list (http://www.bloctel.gouv.fr).

ARTICLE 12 – Intellectual Property

The Company or, if expressly specified, third parties, retains the IPR of the Courses and the content available on the Website. All materials displayed on the eLearning course modules (including, but not limited to articles, reports, photographs, images, illustrations, audio modules and video modules) are protected by copyright, and/or patent rights, and are owned or controlled by the Company.
All IPR are reserved worldwide. Nothing in these T&Cs shall imply a transfer of IPR to the Client. It is forbidden to change, copy, reproduce, distribute, publish, disseminate, transmit, sell, create derivative works of or otherwise use or distribute the Courses or any content herein, including text, videos, graphics, code and/or software, or other content, unless the Company provides a written permission for such action or if such action is expressly permitted in certain circumstances.
The Client acknowledges and agrees that the Company holds all the IPR of the Courses and the Client may not obtain IPR to the Courses, unless otherwise provided.
All trademarks and Course marks used for the Courses are the property of the Company or the Company lawfully uses them. The Client is not allowed to use the Company’s trademarks.
Violation of this Article may result in infringement of IPR (patent, trademark, and copyright rights) and contractual rights of the Company or third parties which is prohibited by law and could result in substantial civil and criminal penalties.
ARTICLE 13 – Applicable law – Language
These T&Cs and the operations arising therefrom are governed by French law. They are written in French and English. Only the English text will be deemed authentic in the event of a dispute.
ARTICLE 14 – Disputes
If the Client is qualified of professional, all disputes arising from the purchase and sale transactions concluded in application of the T&Cs, concerning their validity, interpretation, execution, termination, consequences and consequences, and which cannot be resolved amicably between the Company and the Client, shall be submitted to the courts of Aix-en-Provence.
Mediation for consumers
The Company hereby notifies the Client, if he is qualified of consumer, of the possibility of recourse in the event of a dispute concerning these T&Cs to a procedure of conventional mediation or any other alternative form of dispute resolution within the conditions provided for in Title I of Book VI of the French Consumer Code.
After having appealed the Company to try to resolve the dispute amicably, and in the event of a negative answer within one month, the Client may refer the matter to CM2C Mediator online : https://www.cm2c.net/declarer-un-litige.php, by email : cm2c@cm2c.net or by post : 49 Rue de Ponthieu, 75008 Paris, France.
The referral to the Mediator can be done within twelve (12) months after the first complaint.
The Company also informs the Client of the existence of a European Online Dispute Resolution ("ODR") Platform to which the Client may resort. The Customer may access it at the following link: http://ec.europa.eu/consumers/odr/.

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APPENDIX 1 - WITHDRAWAL FORM

This form must be completed and returned if the Client wishes to withdraw from the order placed on www.airlineselectionprogramme.com or any of its related subdomains, except where exclusions or limitations to the exercise of the right of withdrawal apply in accordance with the T&Cs.

To the attention of:

Service Clients
GD Aviation Solutions
67 cours Mirabeau 13100 Aix-en-Provence
info@airlineselectionprogramme.com
+33 4 65 84 77 40‬

I hereby give notice of withdrawal from the contract for the following courses order:
Ordered on ..............
Order number: ..................................
Client name: ................................
Client address: .............................
Client's signature (if notification of this form on paper): ....................
Date: .................................

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