TERMS and CONDITIONS of SALE of GOODS and SERVICES, etc.
These Terms and Conditions apply to any purchase:
• by, or on behalf of, any customer or potential customer (referred to here as “You” or “Your”)
• from Variable Pitch Inc. (referred to as “We”, “Our”, or “Us”)
• of any goods (“Goods”) or services (“Services”) (together referred to as “Products”)
• regardless the method or means of purchase,
and are an integral part of any such contract of purchase.
Where applicable, they are also binding on You if You do not purchase a Product, but merely access, browse or navigate https://flightreview.ca/, being our website (“Website”), or links accessed through it. Accordingly, please read these Terms and Conditions before entering further this website, as doing so will constitute Your agreement to be bound by them. By proceeding, you will be deemed to have read them, understood them, and accepted them, and are responsible for asking Us any questions you may have. For this reason, You are asked to PLEASE READ CAREFULLY THESE TERMS and CONDITIONS.
We reserve the right to amend these Terms and Conditions at any time or times. The applicable version is the one posted here at the time of Your access, or Your purchase, as the case may be, and that You are responsible for checking the information on the Website at the time You purchase any Product, or access the Website.
2. SALE OF GOODS
In addition to selling Services, We also sell various Goods. They are
a) described at various places in the Website, and
b) subject to our Return Policy and
c) sold on the basis that We do not warrant the quality of any such Goods, or that they will meet your expected use and purpose.
3. SALE OF SERVICES
In addition to selling Goods, We also sell various Services, including but not limited to the services described in Section 5, entitled “Flight Reviews”, with respect to obtaining qualifications in regard to the operation of a Remotely Piloted Aircraft System (“RPAS”).
4. TERMS of SALE of PRODUCTS
With respect to any and all sales, You confirm that You
a) are at least the age of majority in
i) Ontario or
ii) the jurisdiction in which you reside,
whichever is higher.
b) will not re-sell, give or transfer any Goods to someone who does not comply with sub (a) above.
c) will use such Goods only in the manner prescribed by the manufacturer, and for lawful purposes.
d) (if purchasing a Flight Review Service, as described in Section 5 below)
i) have complied with all Transport Canada (“TC”) pre-requisites for a Flight Review, including but not limited to having and providing to Us a copy of a course report from a TC-approved school, and
ii) agree to provide, and to authorize the release by the Flight Reviewer, to Us of the result of any Flight Review arranged through Our services, so that we can confirm that the Flight Review took place, and that You met or exceeded the applicable TC requirements (or did not, as the case may be), which information We undertake to destroy forthwith upon having served its purpose.
e) agree that we can transfer information about You and Your credit cards in an unencrypted manner over one or more networks that We select.
g) acknowledge that We make reasonable efforts to display on the Website and in other promotional material information (including photographs) that is accurate, complete and up-to-date, but that We are not responsible if any such information is not accurate, complete or current.
h) acknowledge that We are entitled, at any time or times and without prior notice and without liability, to
i) amend the description of, and the prices for, any Products sold by Us, and
ii) discontinue offering any Product for sale, or alter its description or component parts.
i) confirm that We are entitled to
i) refuse to sell a Product to anyone, and
ii) limit in any way the Products that we sell,
all at Our sole and unfettered discretion, subject only to applicable Human Rights legislation.
j) agree that We are not responsible for the content of websites accessed through, or as a result of Your review of, the Website.
k) confirm that You will not use, or attempt to use, the Website or its contents
i) to infringe upon or violate the intellectual property rights of Us or of others;
ii) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate anyone;
iii) to discriminate, on a basis cited in applicable Human Rights legislation;
iv) to upload or transmit viruses or any other type of malicious code that may in any way affect the functionality or operation of the Website or any other website;
v) to collect or track the personal information of others;
vi) to spam, phish, pharm, pretext, spider, crawl, or scrape; or
vii) for any unlawful, obscene or immoral purpose,
viii) to solicit others to perform, or participate in, any such acts; or
ix) to violate any law, of any applicable jurisdiction.
5. FLIGHT REVIEWS
In these Terms and Conditions, “Flight Review Service” means the performance of an assessment,
• in a manner stipulated by TC,
• by a Flight Reviewer accredited by TC,
of Your ability to meet the TC requirements in order to qualify as an Advanced RPAS pilot.
With respect to this specific Service, We will:
a) provide to You,
i) within fourteen (14) days (ideally) and
ii) in any event no more than thirty (30) days
of our receipt of your written request for, and payment for (by cash, credit card or redemption of a gift card or voucher) a Flight Review, the date, time and location of a Flight Review Service, failing which we will refund in full the fee paid therefor, or issue a replacement gift card or voucher.
b) upon receipt, from you and/or from the Flight Reviewer with your consent, of the results of the Flight Review Service, verify that it was performed, and confirm the result.
c) pay the Flight Reviewer for his/her services.
d) use our best efforts to help to resolve any questions or disputes arising from the Flight Review Service.
6. LIMITATION of LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR PRODUCTS WILL BE ACCEPTABLE OR SATISFACTORY TO YOU, OR SUITABLE FOR YOUR INTENDED USE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SERVICES SHALL BE AT YOUR SOLE RISK.
ALL GOODS SOLD BY US ARE SOLD ‘AS IS’ AND ‘AS AVAILABLE’ AND SUBJECT TO ANY MANUFACTURER’S WARRANTY, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR REPRESENTATIVES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE PRODUCTS PROCURED FROM OR THROUGH US, OR FOR ANY CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR THE PRODUCTS.
IN THE EVENT THAT THIS EXCLUSION OR LIMITATION OF OUR LIABILITY IS FOR ANY REASON DEEMED BY ANY LAW TO BE INEFFECTIVE, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW.
IN NO EVENT WILL OUR LIABILITY EXCEED THE AMOUINT PAID FOR THE RELEVANT PRODUCT.
a) The headings in this document are included for convenience only, and shall not limit, modify, or otherwise affect these Terms and Conditions.
b) If any portion of this document is found, by a court of competent jurisdiction, to be unlawful, void or unenforceable, it shall be enforceable to the extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed with no impact on the validity and enforceability of any other or remaining provision.
c) These Terms and Conditions shall be governed by the laws of the Province of Ontario, and the federal laws applicable therein, and You submit to the non-exclusive jurisdiction of the courts of the Province of Ontario.
d) Unless We specify otherwise in any particular case, these Terms and Conditions shall constitute the entire agreement between You and Us, to the exclusion of any prior oral or written communication, in regard to every sale of a Product.
e) Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against Us.
f) By accessing the Website or by purchasing a Product, You expressly waive any right to commence or to participate in any class action against or involving Us, and You expressly agree to opt out of any class action that may be commenced by another person against Us.
g) These Terms and Conditions shall be read with all appropriate changes in gender and in number.
h) All prices on the Website are quoted in Canadian Dollars, and are subject to all applicable taxes.
i) Questions regarding these Terms and Conditions, and complaints about our Products, can be directed to firstname.lastname@example.org. or by letter addressed to _Variable Pitch Inc., 15 Fitzroy Terrace, Barrie, Ontario, L4N 2Z2
j) These Terms and Conditions are applicable from the date set forth below, until changed by Us with the date of the updated Terms and Conditions being cited on the Website.
Current to February 1, 2021