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Avicoaching UK Terms and Conditions

1. These terms
   • What these terms cover. These are the terms and conditions on which we deliver recruitment personality tests and results (‘Recruitment Personality Test”), practice interviews,online English lessons,and feedback (“Interview”) and other related services to you (each a “Coaching Session”).
   • Coaching Sessions are usually delivered by:
     • one HR expert (the “HR Expert”); and
     • one aviation industry expert (“Industry Expert”)

together, the “Coaches”.

• Why you should read these terms. Please read these terms carefully before you submit your application to sit the testing and interviewing process to us. These terms tell you who we are, how we will deliver Coaching Sessions to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us.
   • Who we are? We are Avicoaching UK Ltd a company registered in England and Wales. Our company registration number is 13399367 and our registered office is at Suite 592 Unit 3A. 34-35 Hatton Garden, Holborn, London, United Kingdom, EC1N 8DX.
   • How to contact us. You can contact us by telephoning our customer service team at +44(0) 203 432 4005 or by writing to us by email at fly@avicoaching.com or by post at Suite 592 Unit 3A. 34-35 Hatton Garden, Holborn, London, United Kingdom, EC1N 8DX.
   • How we may contact you. If we have to contact you, we will do so via the service, by telephone or by writing to you at the email address or postal address you provided to us in your order or during your other communications with us.
   • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
   • What you can order. Our website sets out details of the Coaching Sessions you can order. Unless otherwise stated on the website each Coaching Session will include both a Recruitment Personality Test and an Interview.
   • How we will accept your order. Our acceptance of your order will take place when we provide you with confirmation on our website that your order is complete and that your payment (as the case may be) has been accepted at which point a contract for the purchase and delivery of the Coaching Session you have ordered from us will come into existence between you and us. We shall always endeavour to send you a confirmation email to record our acceptance of your order, but if we are unable to send or you are unable to receive such confirmation email it shall not affect the formation of a binding contract between you and us.
   • If we cannot accept your order. If we are unable to accept your order for any reason, we will inform you of this in writing and will not charge you for the Coaching Session. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Coaching Session ordered by you.
   • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our rights to make changes.
   • Minor changes to Coaching Sessions. We may change the Coaching Sessions:
     • to reflect changes in relevant laws and regulatory requirements including where for example government laws and/or guidance in response to COVID-19 (such as social distancing measures) are changed so that Coaching Sessions can be delivered in different formats (see clause 5 below); and
     • to implement minor technical adjustments and improvements such as changing the technology used to deliver Coaching Sessions to you (see clause 5 below).
   • More significant changes to the Coaching Sessions and these terms. In addition, we may make other more significant changes to these terms or the Coaching Session, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Coaching Session paid for but not received.
5. Format of Coaching Sessions
   • Recruitment Personality Tests are currently delivered online. We will email the Recruitment Personality Test and results to the email address you used to make your order with us. You will complete the Recruitment Personality Test online. One of your Coaches will also go through the results of the Recruitment Personality Test with you during your Interview (see clause 2 below). You are responsible for ensuring you have access to your email address and to the appropriate computer equipment to access the Recruitment Personality Test and receive the results.  
   • Interviews are currently delivered online. We currently use Zoom to deliver Interviews to you. You do not need to create an account or login with Zoom to receive an Interview. When using Zoom you agree to be bound by their terms of use and policies and confirm that you have read and understood their privacy notices. To review Zoom’s terms of use and various policies, please click here: https://zoom.us/en-us/trust/legal-compliance.html. We reserve the right to change the technology which we use to deliver Interviews to you and to amend these terms accordingly.
   • It is your responsibility to ensure compatibility with Zoom. Zoom is compatible with most devices with internet functionality. However, it is your responsibility to ensure that your device and systems meet Zoom’s requirements. For more information on Zoom’s compatibility requirements, please click here: https://support.zoom.us/hc/en-us/articles/201362023-System-requirements-for-Windows-macOS-and-Linux. We will have no responsibility or liability for any failure by you to ensure that your devices and/or systems work with Zoom.
   • Changes to the format of Coaching Sessions. If government laws and/or guidance in response to COVID-19 (such as social distancing measures) are changed so that Coaching Sessions can be delivered in different formats, we reserve the right to change our service offering so that Coaching Sessions can, in addition to being delivered online, also be delivered in person or in a hybrid format and to change any of these terms accordingly.
6. Delivering the Coaching Session
   • When we will provide the Recruitment Personality Test. We will email the Recruitment Personality Test to you within 5 days of accepting your order. You should take and submit your Recruitment Personality Test as early as possible and in any event, no later than 1 hour before your Interview is scheduled. After you submit your Recruitment Personality Test, it may take up to 10 days for your results to be generated. If you submit your Recruitment Personality Test with less than 1 hour until your interview, your results may not be generated in time for the Interview. Your Coach will not be able to discuss the results with you and you will not be entitled to any refund in this event. Results of the Recruitment Personality Test will be shared with you in your Interview and will be emailed to you after the Interview has concluded. Recruitment Personality Test
   • When we will provide the Interview. We will provide the Interview on the date and time agreed subject to clause 9.
   • If you miss an Interview. If you miss an Interview without rescheduling it in accordance with clause 9, you will remain liable to pay the full fee for that Interview as if that Interview had taken place.
   • If you are late to an Interview : If you are up to 20 minutes late to an Interview you will not be entitled to any refund for that Interview or to reschedule that Interview. The Interview will be concluded within the scheduled time, with a maximum extension time of 5 additional minutes which can be added at the discretion of the Coaches. If you are more than 20 minutes late, you will be deemed to have missed your Interview and clause 3 will apply. We recommend that you ensure you are online and prepared for your interview 5 minutes early to ensure you are not late.
   • Access to provide the Coaching Session. If you do not allow us access to deliver the Coaching Session as arranged for example because your device is not compatible with Zoom (see clauses 1 and 5.2) you will remain liable to pay the full fee for that Coaching Session as if it had taken place.
   • Lateness and interruptions due to technical problems. If you miss or are late to an Interview, or your Interview is disrupted, due to technical problems for which you are responsible, such as having poor internet connection or your earphones or sound system not working, you will remain liable to pay the full fee for that Coaching Session as if it had taken place. It is your responsibility to ensure you are in a quiet location with good internet connection and that you have tested your equipment in advance.
   • What will happen if you do not give required information to us. We may need certain information from you so that we can provide the Coaching Session to you, for example, your contact details including your email address. We will always try to collect this information when you make your order. However this may not be possible in all cases. In that case, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the Coaching Session (or any part of them) late or not at all if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
   • Reasons we may suspend the provision of a Coaching Session. We may have to suspend the provision of a Coaching Session to you:
     • to deal with technical problems or make minor technical changes;
     • to reflect changes in relevant laws and regulatory requirements; or
     • due to lack of availability of Coaches in which case we will contact you to reschedule your Coaching Session (see clause 9).

7. Intellectual Property Rights
   • Materials we provide to you. Where we provide you with any training material, test, or any other materials (in any medium or format) in connection with the Coaching Session you must use them strictly in accordance with our instructions. Unless otherwise stated in writing by us, your right to use such materials is limited to such use in the Coaching Session and you must not use them for any other purpose of make copies of them. You understand that any use of such materials in breach of this provision may constitute a breach of another person’s rights, including their intellectual property rights.
   • Materials you provide to us. You warrant that our use of any training material, test, or any other materials (in any medium or format) you provide to or otherwise share with us or our Coaches shall not breach another person’s rights, including their intellectual property rights.
   • You may be required to purchase materials. From time to time, you may be required to purchase additional training materials, tests, or any other materials (in any medium or format) in connection with the Coaching Sessions. We shall not be liable for payment of such purchases and the purchase of such materials are separate from and do not form part of any amounts paid or owed to us.
8. Our Coaches.
   • All communications with Coaches must be sent through the Avicoaching UK platform. You accept that all communications regarding Coaching Sessions must be sent through the Avicoaching UK platform and that you will not contact the Coaches directly unless expressly permitted by us. This includes where you wish to reschedule, cancel, postpone an Interview; have any requests regarding any Coaching Sessions; or wish to make any changes to any Coaching Sessions; or wish to book any further Coaching Sessions outside of your current order. You agree that neither Avicoaching or any Coaches will be obligated to acknowledge or respond to any attempts you may make to communicate with us or them other than in accordance with this clause 1.
   • You shall not approach Coaches independently from us. You agree not to approach Coaches to arrange Interviews independently from us whilst you are using our services and/or ordering Coaching Sessions with us.
   • You must treat our Coaches with respect. You must at all times treat our Coaches with respect. You must not under any circumstances make any comments during a Coaching Session which are likely to cause offence to our Coaches. This includes using any insulting, degrading or offensive language or expressing any views which expresses hatred to or against any group of people on the basis of their ethnicity, religion, beliefs, race, class, gender, gender reassignment or sexuality or any other characteristic of that individual.
9. Rescheduling Interviews.
   • Your right to reschedule an Interview or a coaching session. If for any reason you can no longer attend an Interview or a coaching session, please write to us to let us know at least 24 hours before that Interview is due to take place. We will then arrange an alternative date and time for that Interview to take place. We will not charge you for that Coaching Session provided that you give us at least 24 hours’ notice (in the manner set out in this clause). If you give us less than 24 hours’ notice you will remain liable to pay the full fee for that Interview as if it had taken place.
   • Your right to extend or reschedule if your Interview and a coaching session is delayed or interrupted. We will always strive to ensure that our Coaches are prepared well in advance of your Interview. However, if either of your Coaches are late to your Interview, or are experiencing technical problems that are their responsibility, and this causes you to lose up to 20 minutes of your Interview, you shall have the right to extend your Interview by up to 20 minutes. If the delay or interruption cause you to miss more than 20 minutes of your Interview, you shall be entitled to ask for that Interview to be rescheduled. Please contact fly@avicaoching.com to agree a new time and date for your Interview. Your rescheduled Interview must not be rescheduled for the slot immediately after the original Interview.
   • Our right to reschedule Interviews and coaching sessions. We will always try to ensure that we deliver the Interviews and coaching sessions to you at the agreed time and date. Where for any reason we need to reschedule an Interview or a coaching session we will let you know as soon as reasonably possible so that we can arrange an alternative date and time for that Coaching Session to take place.
10. Your rights to end the contract.
    • You can always end your contract with us. Your rights when you end the contract will depend on a number of factors including whether there is anything wrong with the Coaching Session, how we are performing and when you decide to end the contract:
      • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2; or
      • If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
    • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (2.1) to (10.2.3) below the contract will end immediately and we will refund you in full for any Coaching Session which has not been delivered. The reasons are:
      • we have told you about an upcoming significant change to the Coaching Sessions or these terms which you do not agree to (see clause 2);
      • we have told you about an error in the price or description of the Coaching Session you have ordered, and you do not wish to proceed; or
      • you have a legal right to end the contract because of something we have done wrong.
    • Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have the right change your mind within 14 days and receive a refund subject to the provisions of these terms.
    • When you don’t have the right to change your mind. You do not have a right to change your mind in respect of Coaching Sessions that have already been provided or partially provided even if the cancellation period is still running.
    • How long do I have to change my mind? You have 14 days after the day we notify you on our website or by email that we accept your order. However, if delivery of the Coaching Session begins earlier you cannot change your mind, even if the cancellation period is still running.
11. How to end the contract with us (including if you have changed your mind).
    • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      • Email. email us at fly@avicoaching.com. Please provide your name, home address, details of the order and, where available, your phone number and email address; or
      • By post. simply write to us at Suite 592 Unit 3A. 34-35 Hatton Garden, Holborn, London, United Kingdom, EC1N 8DX. including details of what you bought, when you ordered or received it and your name and address.
    • How we will refund you. We will refund you the price you paid for the Coaching Session by the method you used for payment. However, we may make deductions from the price, as described below.
    • Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount to reflect any Coaching Sessions which have already been provided or organised, ending with the time when you told us you had changed your mind. For example:
      • if you cancel your order after you have already completed the Recruitment Personality Test but before your Interview, we may deduct the costs of processing the Recruitment Personality Test which will be up to £9 for Cabin Crew Member Recruitment Personality Test , £25 for Pilot Recruitment Personality Test. In this event, we will ensure you receive your results.
      • if your Interview is scheduled to take place within 14 days of your order, but you cancel with less than 24 hours notice of that Interview taking place, we may deduct reasonable costs for the arrangement of the Coaches’ time. It is not possible to provide an estimate of these costs in these Terms as each customer will have different requirements for their Coach and so the cost of each Coach will vary. We will always communicate transparently about the costs we need to deduct with respect to incurring Coaches time. We may deduct the cost of one processing interview up to £150.
    • When your refund will be made. We will make any refunds due to you as soon as possible and by no later than 14 days of your telling us you have changed your mind.
12. Our rights to end the contract.
    • We may end the contract if you break it. We may end the contract at any time by writing to you if:
      • you do not make any payment to us when it is due, and you still do not make payment within seven (7) days of us reminding you that payment is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Coaching Session;
      • you do not, within a reasonable time, allow us access to deliver the Coaching Session; or
      • where you otherwise commit a material breach of these terms.
    • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    • We may withdraw the Coaching Session. We may write to you to let you know that we are not going to provide the Coaching Session. We will let you know at least twenty four (24) hours in advance of the date it was scheduled for and will refund any sums you have paid in advance for any Coaching Sessions which will not be provided.
13. If there is a problem with the service.
    • How to tell us about problems. We are committed to providing high-quality online Coaching Sessions to you. Where you think that we have not used reasonable care and skill in providing the Coaching Session, or you have any other issue with the Coaching Session, please do tell us about it. This will help us to improve our standards. You can write to us at fly@avicoaching.com.
    • Summary of your legal rights. We are under a legal duty to provide Coaching Sessions that are in conformity with this contract. Nothing in these terms will affect your legal rights.
    • If you have a complaint about a Coach. We take every step to ensure that our Coaches provide you with a high-quality service and take any complaints made about a Coach’s behaviour very seriously. All our Coaches are background checked before we allow them to provide their services to you. If you have do have a complaint, please let us know as soon as possible and we will do our best to resolve the dispute. You can write to us at fly@avicoaching.com.
14. Price and payment
    • Where to find the price for the Coaching Sessions. The price of the Coaching Sessions (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Coaching Session advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of your order.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we deliver the Coaching Sessions, we will adjust the rate of VAT that you pay, unless you have already paid for the Coaching Sessions in full before the change in the rate of VAT takes effect.
    • What happens if we got the price wrong? It is always possible that, despite our best efforts, the Coaching Sessions we sell may be incorrectly priced. Where the correct price of your order is less than our stated price at your order date, we will charge the lower amount. If the correct price of your order is higher than the price stated to you, we will contact you for your instructions before we accept your order.
    • When you must pay and how you must pay. We accept payment via PayPal, BACS, debit or credit card and any other accepted methods of payment as stated on our website. You must make advance payment of all Coaching Sessions you are ordering.
    • We may suspend provision and charge interest if you do not pay. If you do not pay us for the Coaching Session when you are supposed to, we may:
      • suspend provision of the Coaching Session until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the provision of the Coaching Session;
      • seek to recover from you payment for any Coaching Session which was provided but not yet paid for; and
      • we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

15. Our responsibility for loss or damage suffered by you
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 2.
    • We are not liable for loss or damage caused by others (including yourself). We shall not be liable for the actions of others (including yourself). We shall not be liable for any failure or delay in providing the Coaching Session where the same arose as direct or indirect result of your actions or omissions.
    • We are not liable for business losses. The Coaching Sessions are for your domestic and private use only. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity whether such loss is direct or indirect or foreseeable or not.
    • We will not be liable for events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any act or event beyond our reasonable control including any network, connection or communication issues or failures which may arise (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where an Event Outside Our Control prevents us from performing our obligations for a period of three (3) months or longer, you may end your contract with us.
    • We provide no guarantees that the Coaching Sessions will ensure you succeed in an interview. Although we will use reasonable skill and care in delivering the Coaching Sessions, we cannot guarantee that the Coaching Sessions will improve your interviewing abilities. We also cannot guarantee that the Coaching Sessions will enable you to pass any interviews or tests nor that you will be able to obtain a job with any particular airline or company.
    • We are not liable for our Coach’s actions in some circumstances. Whilst we will use all reasonable endeavours to resolve any issues without delay, we will not be liable for any actions or omissions of our Coaches which are outside the scope of what a reasonable person would expect from the provision of the Coaching Session.
16. How we may use your personal information
    • How we may use your personal information. We will only use your personal information as set out in our privacy policy: [https://avicoaching.com/privacy-policy/].
    • We may record Interviews for training and monitoring purposes. In order to continually improve our service and to allow us to resolve any disputes that arise in relation to any Interview, we may from time to time record Interviews. When we collect this data, we ensure that:
      • recordings are stored securely;
      • we only to use the data for the purposes specified above; and
      • we delete all recordings within 15 days of the Interview taking place.
    • You have a right to object to your Interview being recorded. We will inform you before the Interview if we intend to record your Interview. If do not want your Interview to be recorded, please either write to us at fly@avicoaching.com in advance of your Interview or state your objection at the beginning of the Interview.
17. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
    • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 2. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.