GENERAL TERMS AND CONDITIONS

4. Duration

The duration of the Service will depend on the agreement between the CLIENT and PULSE and will be conditioned to the hours of training required by the regulations in force in the aviation sector to acquire the necessary skills and aptitudes to obtain the corresponding qualifications and/or certificates.

5. Price

As consideration for the service, the CUSTOMER is obliged to pay PULSE the price agreed in the contract signed between the parties. 

The amount of the agreed price will be conditioned to the changes and requirements of the regulations of the aviation sector for obtaining the corresponding qualification and will be different depending on the type of methodology and training that the CLIENT wishes to obtain. 

6. Obligations

The CLIENT shall assume the following obligations: 

1. To ensure compliance with all the Terms and Conditions of Contract, avoiding any conduct contrary to them, as well as any conduct contrary to law, morality, and public order.
2. Provide, prior to the use of the same, all the information necessary for the training, as a guideline and not limited to: (i) be over 18 years of age, (i) have the language level according to the degree being studied, (iii) have an apt result accredited by the corresponding medical certificate required by the regulations applicable to the aviation sector. 
3. Pay the amount of the training within the terms established between the CLIENT and PULSE. 
4. To make an ethical and diligent use of the website, limiting such use solely and exclusively to training purposes and contracting services. 
5. Comply with the directives and guidelines provided by trainers, flight instructors and examiners during training and flight practices. 
6. To ensure safety and exempt themselves from any type of action or conduct during service, specifically during flight training, that may generate a risk to the safety of the aircraft, instructors, examiners, and colleagues, as well as to third parties that may be affected. 
7. Liability 

PULSE will not assume responsibility on the part of the CLIENT when:

1. You are unable to access the web page due to the defective provision of electricity, telephone, or any other telecommunications provider outside the Company.  
2. The damages that the visitor of its web may suffer in its computer or telematic means because of the production of any of the circumstances or facts described in the previous paragraph. 
3. The lack of collaboration, aptitude requirements, information and/or documentation related to the CLIENT.
4. Any retaliation that, directly or indirectly, the CLIENT has committed against any person. 
5. PULSE shall be entitled to pass on to the CLIENT the costs it must assume for the commission of negligent acts that the CLIENT may carry out during the training and flight practices. At the same time, PULSE shall be entitled to bring any type of action it may be entitled to by way of compensation for damages caused by the conduct described in this section. 
6. Termination

8.1. This Contract shall terminate at the end of the term of the Contract, without being extended. 

8.2. Failure by the CUSTOMER to comply with any of its obligations shall entitle PULSE to terminate this Agreement, and in particular for non-payment of the price, fraudulent or unduly diligent use of the website, as well as of the facilities and aircraft, failure to cooperate with PULSE or the provision of false, inaccurate or incomplete information and/or documentation or failure to comply with the obligations in terms of the aviation sector and intellectual or industrial property. 

8.3. In the event of non-payment of the price, PULSE reserves the right to suspend the Service and block the CLIENT’s access to the Service for a maximum period of 30 days, after which, if the CLIENT has not paid the price, it may terminate the Contract and demand interest and compensation for any damages that may be due. 

9. Use of technological means

The CLIENT shall be obliged to make correct and appropriate use of the technological means (website, virtual campus, training applications, etc.) that PULSE places at its disposal, thus indicating any problems that may arise therein. 

10. Industrial and Intellectual Property

10.1. The texts, images, links, photographs, graphic design and other content appearing on the website or any other technological tool that PULSE makes available to the CLIENT are the exclusive property of PULSE or, where appropriate, of third parties. The CLIENT does not have any right to exploit them, without prejudice to their use within the scope of the provision of the Service. 

10.2. The trademarks, trade names and other distinctive signs present on the website or any other technological tool are the property of PULSE, and the CLIENT has no rights over them. 

10.3. The CLIENT undertakes not to use, reproduce or disseminate, in any form, any content of the Platform, except with the express prior consent of PULSE.

11. Confidentiality

The CLIENT shall not disclose to any third party any information of a confidential nature, trade secrets, business data, know-how, working methods, personal data or any document of either party that bears a mention of confidentiality, or whose confidential nature may be inferred from its nature, that it has received from the other party in connection with the provision of the Services. This prohibition shall not apply to a party with the prior written consent of the other party. The parties undertake to take the necessary and appropriate precautions to maintain the secrecy of confidential information. They also undertake to disclose such information only to those employees or persons who, by reason of their position and function, need to know such information in order to perform their work. In any event, they shall be warned of the confidential nature of such information and of their liability in the event of unlawful disclosure.

The limitations set out in the previous paragraph shall not apply to information which: 

(i) Are regularly known or were published on the provider’s website without access being restricted; 

(ii) Is in the public domain or generally accessible to the public, for a reason other than breach of this clause; 

(iii) Obtained from a third party who is not bound to keep the information confidential; 

(iv) Where disclosure by the recipient is required by law or by any authority. 

The parties agree to respect the obligations resulting from this clause during the term of the Service, and after its termination for any reason.

11. Data Protection

In accordance with current legislation on the protection of personal data, PULSE informs the CLIENT that their personal data will be processed for the purpose of maintaining, developing, managing and executing the present contractual relationship. 

The legal basis of the processing lies in the execution of the contracted service and the personal data are limited to those necessary for the identification, location and for the management of the payment of the service. 

The data controller is PULSE, whose identification and contact details are set out in the Contract.

Such personal data shall be kept for as long as the contract remains in force and, after its conclusion, until the actions that may arise from this contractual relationship expire and, where appropriate, until the end of the period for keeping the documentation required by the applicable regulations at any given time. 

The CLIENT may exercise the rights regarding data protection (access, rectification and erasure, restriction of processing, data portability), by sending a communication to this effect to PULSE to the e-mail address indicated in the appearance of this Contract, indicating their name, surname and enclosing a copy of a document accrediting their identity, without prejudice to the right to file a complaint with the Spain Supervisory Authority.

12. Modification of conditions

PULSE may modify the GTC at any time, so the CLIENT must read the terms and conditions each time he/she contracts a service. 

13. Applicable law and jurisdiction

The relationship between PULSE and the CLIENT, as well as the provision of the Service, shall be governed by Spanish law. 

Disputes arising between PULSE and the CLIENT in relation to the interpretation and execution of their legal relationship shall be submitted to the Courts and Tribunals of Madrid, without prejudice to the Customer’s habitual residence in a Member State of the European Union opting to take recourse to the Courts of the Member State in which he/she has his/her habitual residence.