Last updated: 15 June 2021

Please read these Terms of Service (“Terms”) carefully before using Bright Pilots training and consulting services (“Service”). These Terms include our Privacy Policy, which is incorporated by reference into these Terms. Your use of our Service means that you agree to be bound by these Terms each time you access the Service.

About the Bright Pilots Service

For the purposes of these Terms, “Service” means the classes and consultation conducted by Bright Pilots trainers, as well as the Bright Pilots website located at brightpilots.com, and any associated software, applications, and Internet services under Bright Pilots’ control, whether partial or otherwise, used in connection with providing the services provided by Bright Pilots.

The Bright Pilots Service provides an online environment to enable viewing of information about classes offered by Bright Pilots (collectively, “Classes”), as well as information about business consultation services.

This service also enables registration, scheduling and payment to attend Classes.

All best efforts are made to ensure that our Classes take place at the advertised date and time. In the event that this is not possible, an alternative date/time will be scheduled. In the event that one or more of the advertised trainers are unable to conduct a class for reasons beyond the trainer’s or Bright Pilots’ control, the trainer will be replaced by another trainer chosen by Bright Pilots.

About Bright Pilots Content

The contents of the Bright Pilots Service include: training slide decks, training scaffolding, designs, text, graphics, images, video, information, logos, computer code, and other Bright Pilots content (collectively, “Bright Pilots Content” ). All Bright Pilots Content and the compilation (meaning the collection, arrangement, and assembly) of all Bright Pilots Content are the property of Bright Pilots or its licensors, and are protected under copyright, trademark, and other laws.

Unless otherwise indicated, Bright Pilots owns copyright of Bright Pilots Content presented, referenced and shared before, during, and after the classes are conducted

License to you

Subject to these Terms, we hereby grant you the limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide license to access and use the Bright Pilots Service and the Bright Pilots Content solely for the use of Bright Pilots’ services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause.

Unauthorised use of the Bright Pilots Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Bright Pilots Content on any copy you make of the Bright Pilots Content in accordance with these Terms.

No Bright Pilots Content or other material made available on or through the Bright Pilots Service may be copied, modified, reproduced, duplicated, republished, uploaded, posted, transmitted, sold, transferred, publicly displayed, distributed, or used to create derivative works, in any way without written permission of the copyright owner, unless such content is specifically made available for and authorised to be transferred from the Bright Pilots Service, in which case you are authorised to have a single copy of such materials for your own use. For example, certain Class materials may be made available as unprotected PDF files that can be downloaded by registered Class participants and/or other users of the Bright Pilots Service. Materials not made available for download may not be downloaded or copied without prior written permission. Modification of materials obtained from the Bright Pilots Service for any other purpose, including without limitation any commercial purpose, is a violation of the copyrights and other proprietary rights of Bright Pilots or its licensors, unless you have obtained express written authorisation to the contrary.

No commercial use

No materials obtained from the Bright Pilots Service, even if authorised for download from the Bright Pilots Service, may be redistributed, nor may they be used for any commercial purpose, without Bright Pilots’ prior written permission. Notwithstanding the prior sentence, the use of Class materials by a registered participant of a Class for the development of a business, venture, or idea of which the registered participant is actively involved as a founder or employee shall not be deemed a commercial purpose, but no additional reproductions may be made of any such materials, either electronically or in hard copy.

Additional licenses

Certain materials made available for download from or through the Bright Pilots Service may be subject to additional or different license terms and conditions, such as terms and conditions set forth in a Creative Commons license. Any such terms and conditions shall be identified in advance for such materials, and by downloading any materials governed by any other license terms and conditions, you hereby agree to be bound by and comply with such terms and conditions.

No implied rights

There are no implied licenses granted in these Terms.

Communicating with you

If you have registered for any one or more of the Classes, you agree to receive email from us at the email address you provided to us for customer service related purposes, even if you have chosen to opt out of marketing communications.

By using the Bright Pilots Service or providing any personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Bright Pilots Service. If we learn of a security breach relating to your personal information that is required to be reported pursuant to applicable security breach notification laws, we may attempt to notify you electronically by posting a notice on the Bright Pilots Service or by sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at legal@brightpilots.com.

About you

Participation in any part of the Bright Pilots training classes (above) is reserved to ticket holders. If you purchased a ticket, you are the ticket holder. You can nominate someone else to be the ticket holder, after which point you will not have access to that specific part of the Service.

It is each participant’s responsibility to ensure that they have the equipment and facilities that comply with the technical requirements specified for the classes. Bright Pilots shall not be held liable or have any obligation towards the participants to refund the ticket or otherwise, should class delivery be disrupted or prevented due to issues with the functionality of the classes or internet service provider experienced by the participants or the trainers.

About your payment

If you are the holder of the class ticket that you purchase through the Bright Pilots Service, you agree to pay Bright Pilots for your purchase. You may purchase tickets to classes on someone else’s behalf (in which case they are the holder of those tickets), but you still agree to pay Bright Pilots for your purchase.

You agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the Bright Pilots Service.

Bright Pilots uses secure third-party payment processors for electronic commerce. Our third-party payment processors accept payments through methods detailed on the applicable payment screen. Information that you supply to our payment processors is not stored by us or within our control, and is subject to each of our third-party payment processors’ own privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments, and Bright Pilots is not responsible for any fees charged by them. Bright Pilots disclaims all liability with regard to any fees or problems you have with third-party payment processors.

Bright Pilots also makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the Bright Pilots Service.

Pre-authorisation

When you provide a credit card number to activate and/or pay for any fees related to Bright Pilots, we, through our third-party payment processor, may seek pre-authorisation of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorisations will reduce your available balance by the authorisation amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorisation amount will be removed from your statement.

Timing of charges

Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together.

Disputed charges

You agree to submit any disputes regarding any charge to your account in writing to Bright Pilots within thirty (30) days of such charge, or your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by sending an email to us at accounts@brightpilots.com.

About your consent

The class functionality includes a feature that allows audio, video and any digital documentation and other materials exchanged or viewed during the classes to be recorded. By joining a class, each participant consents to such recordings and confirms their understanding and consent that Bright Pilots owns copyright in such recordings and is free to use it or any part of it at its discretion.

It is each participant’s responsibility to ensure that they do not include confidential, personal or other proprietary information in their recorded interactions or submissions during the classes.

About your content and our license to use

Your User Content

The Bright Pilots Service may provide you with the ability to create, post, or share content before, during and after Classes, including messages in chat functionality, ratings or comments (“Your User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.

Bright Pilots’ use of Your User Content

By creating, posting, or sharing Your User Content through the Bright Pilots Service, and subject to Bright Pilots’ Privacy Policy, and except as otherwise expressly stated, you grant Bright Pilots an irrevocable, perpetual, transferrable, unconditional, unrestricted, world-wide, non-exclusive, royalty-free license to copy, use, reproduce, modify, remove, publish, upload, distribute, transmit, publicly display and create derivative works from Your User Content for any purpose without compensation to you, including for the purpose of promoting Bright Pilots and its services.

Bright Pilots agrees not to modify Your User Content without your express permission. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. Bright Pilots reserves the right to refuse to accept, post, display, or transmit any of Your User Content in its sole discretion. Upon your request, Bright Pilots will discontinue this licensed use within a commercially reasonable period after Your User Content is removed from the Bright Pilots Service.

If you are a Trainer, the license grant above is also applicable to any content you create for the purpose of your Class (such as Class structure, slides or homework).

No ownership of others’ content

You understand and agree that you will not obtain, through use of the Bright Pilots Service, any right, title, or interest (including intellectual property rights) in content delivered via the Bright Pilots Service.

You must have rights to the content you post

You represent and warrant that:

  • You own the content posted by you on or through the Bright Pilots Service or otherwise have the right to grant the license set forth in these Terms;
  • The posting and use of Your User Content on or through the Bright Pilots Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and
  • The posting of Your User Content on the Bright Pilots Service does not result in a breach of contract between you and a third party.

You agree to pay all monies owing to any person as a result of posting Your User Content on the Bright Pilots Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.

The Bright Pilots Service may contain content from participants and other Bright Pilots licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Bright Pilots Service.

About cancellations and refunds

If you have any questions regarding rescheduling or cancelling your class ticket, you should contact us directly, not trainers.

The cost of tickets can be refunded if you notify us of cancellation up to 2 weeks prior to the date of the class. If you notify us of intent to cancel less than 2 weeks before the class, there is no refund. Instead, you can:

  • Reschedule to the same class on another date; or
  • Change your ticket to another class, scheduled in 2 weeks’ (or more) time

Consequences of violating these Terms

Bright Pilots reserves the right to suspend, terminate and prevent your access to the Bright Pilots Service for any reason, without notice to you, at its discretion. Bright Pilots reserves the right to refuse to provide the Bright Pilots Service to you in the future.

Bright Pilots may review and remove any of Your User Content at any time for any reason, including for any activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Bright Pilots Service.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Bright Pilots Service.

Liability

The structure, content, pricing and features of Bright Pilots’ Classes may be changed, suspended or discontinued at any time at Bright Pilots’ discretion. The amount of any ticket costs may also be revised by Bright Pilots at any time, and may vary from topic to topic.

Bright Pilots shall not be liable for any damages of any kind in any way resulting from or arising in connection with the Classes, changes to Classes, or any failure to provide the Classes.

User disputes

Bright Pilots is not responsible for any disputes or disagreements between you and any third party you interact with using the Bright Pilots Service, including POP licensing, payments, or relationship authentication. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Bright Pilots of all claims, demands, and damages in disputes among users of the Bright Pilots Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Bright Pilots Service.


Content accuracy

Bright Pilots makes no representations about accuracy, reliability, completeness, or timeliness of any contents of the Bright Pilots Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Bright Pilots Service. Use the Bright Pilots Service at your own risk.

We make no promises and disclaim all liability of specific results from the use of the Bright Pilots Service.

A. Disclaimer of warranties

“Released Parties” include Bright Pilots and its affiliates, officers, employees, agents, service providers, partners, Trainers, and licensors.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE BRIGHT PILOTS SERVICE IS AT YOUR SOLE RISK, AND THE BRIGHT PILOTS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE BRIGHT PILOTS SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE BRIGHT PILOTS SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE BRIGHT PILOTS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BRIGHT PILOTS SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE BRIGHT PILOTS SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE BRIGHT PILOTS SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BRIGHT PILOTS SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

B. Limitation of liability and indemnification

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRIGHT PILOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BRIGHT PILOTS SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE BRIGHT PILOTS SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE BRIGHT PILOTS SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE BRIGHT PILOTS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE BRIGHT PILOTS SERVICE OR YOUR USE OF BRIGHT PILOTS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees, actions, or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Bright Pilots Content, (iii) any of Your User Content, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any applicable laws and/or these Terms by you and/or anyone using your credentials to access and otherwise use the Bright Pilots Service (in whole or in part), (vi) the breach of any of your warranties, representations, responsibilities or other obligations set forth in these Terms, or (vii) the willful misconduct of you or anyone accessing the Bright Pilots Service using your credentials. We shall provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Bright Pilots Service.

General Terms

These Terms constitute the entire agreement between you and Bright Pilots concerning your use of the Bright Pilots Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

Arbitration, Class Waiver, and Waiver of Jury Trial

These Terms and the relationship between you and Bright Pilots shall be governed by the laws of the state of New South Wales (Australia) without regard to its conflict of law provisions, regardless of where you live. You and Bright Pilots agree to submit any disputes relating to your use of the Bright Pilots Service for final and binding arbitration under the rules of the Australian Centre for International Commercial Arbitration. Any such arbitration, to the extent necessary, shall be conducted in Sydney, New South Wales, Australia. You covenant not to sue Bright Pilots in any other forum.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Bright Pilots Service or these Terms:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND

YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

Contact Information

Bright Pilots

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legal@brightpilots.com

ABN: 52 291 306 374

Revisions to these Terms

Bright Pilots reserves the right, at its discretion, to revise these Terms at any time, in whole or in part, by posting an updated version. Changes to these Terms will be effective when posted. Your continued use of the Bright Pilots Service, or any part thereof after any changes to these Terms are posted constitutes your binding acceptance of these Terms. If you object to any changes to these Terms, your sole recourse will be to stop using the Bright Pilots Service.