Terms of Service

Last update: 1st January 2021

The following Terms of Service cover the use of the RAVEN platform (hereinafter referred to as the ‘Platform’) by Registered Users (hereinafter referred to as the ‘User(s)’), and services available at or through the Platform (collectively, ‘Services’), used by the User.  The Platform is owned and operated by RAVEN Ltd. (C89503), with business address, 185 Howard Court, Flt 5, Triq San Pietru, Mgarr, Malta, email (in**@ra***.aero) (hereinafter referred to as ‘RAVEN’ or the ‘Company’).  The Services are offered to the User subject to such User’s acceptance of all of these Terms of Service and Purchase Conditions and all other applicable Terms of Service, policies and procedures that may be communicated from time to time by RAVEN.

The User should read the Terms of Service carefully before signing up on RAVEN.  By signing up, the User agrees to be bound by these Terms of Service.

Platform General Description

We welcome you to the RAVEN platform, an online educational platform for the aerospace industry, introducing elements of social learning and gamification to an online learning environment.  The Platform will enable Users to:

1. Access a networking platform where they will be able to market their services to a wider community.
2. Utilise Platform Features which encourage microlearning, social learning and gamification.
3. Share and post content online to contribute to the closed and open learning environments of which they are participative.
4. Connect with other RAVEN Users and Providers.
5. Receive promotional news and information.

Content hosted on the Platform can be subdivided into the following classes (all content, collectively, is hereinafter referred to as  ‘Content’)

1. Provider Content, which is content of which intellectual property lies with the Provider (hereinafter referred to as ‘Provider Content’) and which is eLearning ready as compatible with the RAVEN Platform;
2. Third Party Free Content, which is content of which intellectual property lies with third parties, which is hosted on the Platform for free and contributed by Registered Users (content not controlled by the company), and which may include, non-exclusively:
   • Non promotional content;
   • Reviews;
   • Activity Feed Posts and Forum Posts;
   • Photos and Videos posted by Users; and
   • Documents posted by Users.
3. Third-party Sponsored Content, which is paid Content contributed by Registered Users that promotes (directly or indirectly) products and services of professionals and businesses operating in the aviation industry, and of which intellectual property lies with these third parties.  These may include, non-exclusively:
   • Promotional Articles;
   • Event Advertisements;
   • Press Releases;
   • eBooks;
   • Webinars; and
   • Job Postings.

The Platform does not take responsibility for any link to any third party website, over which there is no control by RAVEN over those sites or content within them, or any loss or damage, whether monetary or otherwise, from the User’s use of this website.  Any access or links to such websites or content is done at the User’s own risk.

User Profiles, Accounts and Responsibilities

Upon sign up, the Platform requires Users to provide a Profile Type.  This information is solely used to enhance user experience and networking potential, as well as to avoid malicious registrations by external threats.  The Platform is not able to confirm or warrant the validity or expiry of any qualification, nor verify the correctness, accuracy or truth of any licence, qualification or certificate.

Types of Users

On RAVEN, and for the purpose of these Terms of Service, users can be divided into the following definitive categories.

1. ‘Visitors’ landing on the RAVEN website can browse the site and have access to informative content.  If Content is property or part-property of the Provider or other providers, RAVEN will clearly identify such content as sponsored.
2. ‘Registered Users’ are users who register, sign-up and create an account with the Platform in order to have access to the Platform environment and educational material as well as to be able to contribute content to the Platform.  Registered Users can:
   • Purchase content on the site;
   • Access free content on the site;
   • Participate in digital social activities on the Platform;
   • Submit Reviews; or
   • Participate in Forums.
3. ‘Course Users’ are Registered Users who have purchased content from  time to time, according to these Terms of Service and Purchase Conditions.
4. ‘Organiser Users’ are Registered Users who have been given the rights and facility to manage particular Provider’s social groups and sub-groups.
5. ‘Instructor (or Facilitator) Users’ are Registered Users who have been given the rights and facility to manage and deliver courses published by the Provider.

Registration of Accounts

To register with the Platform and create a User Account, a User must sign up on-site (after gaining access through the early bird portal if applicable), by completing a number of mandatory fields.

Upon registering, a Registered User creates a user account, of which profile shall contain the mandatory professional data, and other data which the user may choose to provide to increase network visibility.  Data fields are customised to the User’s selected Profile Type.

• A ‘User Account’ is used by the Platform for internal purposes. User Account Data is not visible to other Users, nor shall be transferred to third parties.
• A ‘User Profile’ is the profile which is controlled by the User, and visible to other Users. The User decides what information to include in the User Profile, and how much information in this profile is visible.

If a User is a legal entity, such as an organisation, the natural person that opens that User Account on behalf of the organisation warrants that he/she has the legal capacity and power to

• Act on behalf of the specific legal entity;
• Proceed with the registration of the User to the Platform;
• Accept these Terms of Service and all other policies issued by the Company; 
• Communicate with the Platform on behalf of the legal entity; and
• Provide orders and make payments to the Platform on behalf of and in the name of the registered entity.

Accuracy of Data

Users must endeavour to provide the Platform with accurate, true and updated information, as well as be truthful in the validity of their qualifications, licenses and certificates.  They should update their profile as necessary.  Although the Platform does not audit or verify any data provided, it reserves the right (but no obligation) to:

• Seek further information from Users;
• Refuse registration; or
• Suspend or delete at will any User Account or profile if any violation is evidenced.

Violation of Responsibilities

Following any event, the Users agree to bear full responsibility for all damages accrued by the Company in case of violation of the above obligations.  Other Users or Providers can submit a complaint in accordance with the Takedown Process in Section 5.

Processing of Data

Processing of data is carried out in accordance with EU GDPR practices (General Data Protection Regulation (EU) 2016/679 which came into effect on 25th May, 2018) and the Company’s Privacy Policy.

Passwords

When a User signs up on RAVEN, he shall register an email account, which will automatically become his account name.  This can be changed at any time within the Profile tab in the portal.  He shall also enter a password, where possible using letters, numbers and symbols in combination.  Should he forget his password, he may select the ‘Forgot Password’ field and instructions will be sent to the User’s email registered email account to change the password.  Each email and password combination shall uniquely identify individual Users on the Platform.

Personal Attribution to Natural Person

Each User Account and User Profile, including ‘Organiser Users’ and ‘Instructor Users’ accounts, are personal and non-transferable.  Each User is responsible for his own access credentials, and should not share their password with anyone else.  

Acts and/or Omissions Performed by Users

Any act and/or omission performed by a User through his User account (including, but not limited to, illicit sharing of content, inappropriate comments, reviews, etc.), shall be considered by the Platform as the act and/or omission of the User associated with that account, for which he will bear full accountability and responsibility.  Each User is solely responsible for the safety of his account and profile,  and for any damage or loss caused to other Users and/or Third Parties (including Provider)s and/or the Platform, up until the moment that the User notifies RAVEN on su*****@ra***.aero, of unauthorised access to his account and/or use of his account or other breaches of security.

Deletion of Account

Should a Registered User choose to delete his account and profile, he shall email the Platform at su*****@ra***.aero with his request.  Upon receipt of the request, RAVEN will immediately delete the account, all its associated data and any content posted by the user within fifteen (15) days from the submission of the request.  The User shall be notified accordingly.

The User acknowledges that all data  and content associated with the account shall be permanently deleted, and he shall have no access to this data or content.  The Platform shall bear no responsibility or be held responsible for any damages arising from the deletion of data or content when deleting accounts.

Should the User have purchased Course Content, the deletion of the User Account shall discontinue the execution or the continuation of such Services, as an active account would be required. The Company shall not be liable for any financial loss or otherwise arising from such a deletion request.

Members Section

All Registered Users and Providers can access the Members database on the Platform, in which they can find all Registered Users on the Platform.  They can filter results by First Name, Surname, Job Title or Organization, subject to platform development by the Company.

• Registered Users can filter by Profile Type, and sort by Recently Active, Newest or Alphabetical Order.
• Registered Users can access the profiles of other Registered Users, and Connect, and/or Follow them.  They can also directly message other users from the page.

Content Hosted on the Platform

Articles

All Registered Users can access and read Articles on the Platform.  Articles can be created by the Platform, by Providers or by other Registered Users (as free or sponsored User Generated Content).  Articles are categorised, and at the end of each article, Users may also find related articles as well as the ability to post comments or share the article on other social media platforms.  Articles remain accessible on the Platform for as long as the Registered User account of the Author remains active.

Any Registered User can submit non-promotional articles of generic nature for RAVEN’s consideration to be uploaded on the Platform as free User Generated Content.

Unless clearly referenced in the article, submitted articles must be original and have not been published previously on any other third party portal (platform, website, social media account or similar mediums).  In case intellectual property infringement, the Registered User shall bear all loss and damage responsibility to third parties.

When posting the article, the Author shall be visible and his Profile be accessible through normal means on the Platform.

The Provider shall be entitled to upload sponsored content and promotional articles on the site for free.  However, the Platform reserves the right to monetise and charge the Provider for this service in the future.

Registered Users may read and post comments on any Article on the Platform.  If a Visitor attempts to access the Article Feed, he will be prompted to register, thereby allowing him access to the Articles.  If a User leaves comments on an Article, then deletes his account, any comments posted on the Platform shall also be deleted and no longer be visible.

While RAVEN is under no legal obligation to review comments, comments must follow the rules set in ‘User Generated Content’.  The Platform reserves the right to delete comments if it determines that a violation is evident, or in case it receives a Takedown notice, or for any reason it deems relevant.

RAVEN does not endorse and/or represent any User or Provider through User comments.  The Company does not hold responsibility for any loss or damage caused to third parties and/or Users and/or providers due to the views of any Users posting comments.

Zoom Webinars or Synchronous Training Sessions

Zoom Webinars are created by the Platform, sponsored by Providers or integrated lessons within Course Structures.

Webinars can be organised for free within the public environment, or within closed environments in particular courses, in Waypoints.

Webinar content generally addresses aviation professionals to generate discussion and provide the latest insights in particular subject areas.  Access is only limited to Registered Users, or Course Users if within specific Course Lessons or Waypoints.

Webinars may be scheduled on specific dates and times set by Providers or Platform, and Users can watch them live or on demand, if the Provider’s Zoom account allows recorded viewing.

To register a User for a Webinar, the organiser shall request some personal data in order to be able to book participation at the Webinar and for additional purposes as determined by the organiser.  The Platform, in this case, shall act as data processor on behalf of the organiser who is the data controller.

If a Provider organises and stages a Webinar on the Platform, he is solely responsible for this content, as well as its execution.  The Platform shall not bear responsibility for the above, or for any cancellation or rescheduling, or for content presented during the Webinar.

Reviews

Course Users can submit a review of course content which is listed on the Platform. The average review score shall help other Users assess the suitability of the course to obtain their desired instruction and skills.

To assure the validity and truth of reviews, RAVEN reserves the right to:

• Require Users to provide additional information regarding the course, processing such data in compliance with the Company’s Privacy Policy; and
• Display Registered User data next to the review.

RAVEN is not liable for any inaccuracy or mistruth in submitted ratings which may lead to loss and/or damage to the credibility or financial standing of the Provider.  It shall, however, comply with any Takedown Notice procedure the Provider may wish to initiate against a User Review.

Provision of Course Content

If a User wishes to put content on the Platform, he/she shall email co*****@ra***.aero or contact RAVEN through a Website Form.  The Company, in turn, will organise an initial series of virtual meetings where the following information will be provided, as a minimum:

• Scope of the Training to be provided;
• Credentials of the Instructors or Facilitators;
• Accreditation or approval certificate, if relevant; and
• Sample Course Content, if available.

Upon completion of these initial meetings, the Company will classify the course(s) into one of three tiers, hereinafter referred to as ‘Course Classification’

• Tier 1: courses that can be readily deployed on the Platform following minor or no adjustments by the Platform’s content curation team.
• Tier 2: courses that have content already available (e.g.  as a powerpoint presentation) but need to go through the ‘RAVEN Ready’ Process.
• Tier 3: courses having little or no content, of which the value lies in the individual’s or provider’s expertise, and an elearning course is developed from conception in partnership with RAVEN.

RAVEN shall determine, through an internal process, and at its own discretion, the course classification level of the submitted course(s).

1. The Company shall not be held liable for loss or damages deriving from any course classification.  
2. Any additional courses proposed by the Provider which are already on the Platform are subject to the same review, and may be classified as determined by RAVEN.  These additional courses shall always be subject to a separate business proposal and agreement presented as an addendum to an initial agreement.
3. By entering into an agreement with the Company, the Provider is accepting the Company’s Course Classification determination, together with all associated terms and conditions.
4. Upon signing, the Company will provide the Provider with a Course Review Report.

The Company shall formulate, through two (2) two-hour consultations with the Provider, an Implementation Plan, which will identify the required evolution of the course into RAVEN Ready state.

The Provider shall then utilise the Course Design phase to develop the course into RAVEN’s generic Course-Lesson-Waypoint structure, using the Course Creation Guide and Course Storyboard provided by the Company.

1. The Provider remains responsible for any content designed for the Platform.  The Company will support the Provider collaboratively in a supporting role.
2. The Provider commits not to upload any content that contains illegal material (of any type) nor to create content that could result in any illegal act or omission (of any type) nor violate the Terms and Conditions set forth by the Company.

At the end of the Course Design phase, the Provider shall submit completed storyboards and scripts to the Company.

When ready from Course Development, the Provider shall submit Provider Content for  upload.  The Provider commits:

1. That all submitted content does not infringe third party rights.
2. That he shall comply and is in compliance with all laws, rules and regulations applicable to the use of the Platform and proposed content, including but not limited to copyright and data protection laws.
3. That he is the copyright owner of the provided content and has the lawful right to use this Content, with the Platform to host the Content and make it available for purchase to the public without territorial or other limitations, as well as allow the Company to promote the developed content on social media accounts owned by the Company.
4. That the Content submitted represents the Provider’s views and opinions.  The Platform does not endorse or agree with any view and opinions by hosting Content on the Platform.
5. That the Provider shall mention, where applicable, the sources of the Content, as well as not to use content derived from illegitimate sources.  Sources which display links to third party content should permit reproduction without subscription or any other form of remuneration.
6. That if the content is to include images, both the Provider and the Platform commit to inform third parties about the use of their images, and that third parties have granted their free and informed consent to include images in content.  The Platform and the Provider commit that all permissions and licenses have been obtained or granted before uploading content.
7. That if third parties grant permission to utilise their content, the Provider provides the Company with any proof necessary to demonstrate consent.  The Platform reserves the right to omit or take down any content after a third party notifies of any infringement.

Without limitation, the Provider represents, warrants, agrees and guarantees that it shall not submit any Content (or link to any Content), in such a way that the Content:

1. Violates any third party intellectual property rights  (such as content, music, videos, images or other materials) for which they do not have explicit permission from the owner, including third parties’ right of publicity or right of privacy; or
2. Promotes unauthorised copying of or linking to any third party’s copyrighted works; or
3. Threatens, harasses or promotes racism or hatred of any kind against groups or individuals; or
4. Promotes or encourages violence against a person or damage or destruction of property; or
5. Is mis-truthful or misleading in any way; or
6. Promotes any illegal activities; or
7. Contains software viruses or any other code, files or programs  designed to destroy or limit the functionality or invade privacy on any RAVEN computer or otherwise; or
8. Infringes data protection law; or
9. Promotes unfair competition or unfair commercial practices and/or violates competition rules in the European Union.

The Provider acknowledges that he/she bears the responsibility to compensate, defend, hold harmless and exempt the Platform and its directors, officers, employees, consultants, representatives and affiliates from any, and all, claims by third parties’ liability, damages and/or costs (including, but not limited to legal fees) which occur as a result of or in connection with the Content they submit or from the breach of the present terms or in case any other User or third party turns against the Platform in relation to any Content that the Platform has uploaded for the Provider.

The Platform commits to pre-release the content for the Provider’s review following the Course Development Phase.  This review must assess whether the Content is consistent with the Provider’s set attributes, the Platform’s purpose, that the Content is informative, and to identify potential infringements.  Non-exclusively, the review serves to

1. Assess quality of content.
2. Establish lesson and waypoint relevance and suitability to course objectives.
3. Suitability to the intended audience.
4. That the content is evidently self-promotional (principally serving the purpose of marketing products and/or services of the Provider or the Platform).

Should pre-released course Content not comply with the agreed set attributes, the Platform commits to address these as soon as possible, and to consult the Provider at every stage of the process to assure both parties are satisfied.

The Platform reserves the right (but is under no legal obligation) to make grammatical or spelling corrections to the Content.  In any case whatsoever, the above review, when conducted by the Platform is conducted notwithstanding the Provider’s obligations and the guarantees undertaken by Providers with regard to the Content as laid down in these terms and conditions and does not limit nor exclude in any way that liability of the Provider and his/her obligation to hold harmless the Platform in case of any breach or violation.

Role of the Platform

General

In addition to hosting its own Content, RAVEN acts as an intermediary service provider that hosts and stores information and data as instructed by its Providers and Users, and provides an educational environment to access content on the Web.  Through its RAVEN Ready process, the Platform also offers consulting and course development services.

The Platform does not control or solicit User Content, but allows Registered Users to upload Content to promote the purposes of the Platform, which acts as an automated, technical and neutral host.

The Platform is committed to constantly improve its processes to monitor uploaded Content or delivery of instruction by the Provider, and search for any IP infringements or illegalities.

Although as part of the consulting and course development services, the Platform may identify areas where it would be beneficial for the Provider to expand on, it is ultimately the decision of the Provider what Content to submit, subject to the provisions in the Provider terms and conditions.

Disclaimer

Within the Platform or any Content, there may be hyperlinks to third party websites.  The Platform does not control and or review the content within these links, and bears no responsibilities for the consumption, accessibility or otherwise.

The Platform and its Contents are provided to Learners and Providers “as is” and “as available”, using a commercially reasonable level of skill and care for its development.  Except as explicitly stated in these Terms of Service, RAVEN does not provide, and disclaims, warranties, conditions or undertakings of any kind in relation to its offered services. Neither the Company, nor any of its affiliates, makes any warranty with respect to the completeness, security, reliability, accuracy or availability of the platform, nor any content within the platform with respect to accuracy, reliability, error-free and interruption of service.  The Platform or the Provider are not responsible for compliance with applicable regulations.  Without limitation, RAVEN, and its providers, do not warrant that any Content is accurate, true, reliable, correct or complete.

The Company disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose.

The Platform disclaims all liability,

1. If for any reason, negligence included, despite RAVEN’s adopted security measures, the operation of the Platform is interrupted or User access hindered or if third unauthorised parties intervene in such a way to make the use of the Platform difficult or proper function impossible.
2. If the Platform is not accessible for technical or other failure of the hosting service, or for reasons of force majeure or incidental facts.
3. In case of inaccessibility to content or failure of the Platform, the Company commits to reinstate the service from our host backups.

Rights of the Platform

The Platform reserves the right, unequivocally,

1. To change, without justification or prior notice, partially or completely, the User Terms of Service and Purchase Conditions, the features and services provided and the Platform’s functionalities.
2. To upgrade or discontinue, partially or in total, any features or functionalities as might be required from time to time.
3. To upgrade or change the appearance of the Platform, include structure and composition/configuration and/or User account technical specifications.
4. To limit access to the Platform to any User.
5. To, at any time, cancel, suspend, pause or shut down the Platform’s operation.
6. To suspend and/or delete any User Account, and/or refuse sign up, if at any time, for any reason, the Platform becomes aware of any or repeated infringement of its User Terms of Service or Purchase Conditions.

Liability of the Company

In no event will the Company be liable for damages of any kind, under any legal theory, arising out of or in connection with the use, or inability to use, the Platform or any content on the Platform, including any direct, indirect, special, incidental or consequential, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

In no event will the Company be liable to the User for any direct, indirect, incidental, special, punitive or consequential damages whatsoever.  This limitation on liability includes, but is not limited to:

1. Personal injury or property damage, of any nature whatsoever, resulting from the User’s use of the Platform.
2. Any loss or damage arising from unauthorized access to our servers and/or business information stored therein.
3. Any loss or damage arising from interruption or cessation of operation of the Platform, for whatever reason.
4. Any loss or damage due to attack code transmitted onto the Platform by third parties.
5. Any errors or omissions in content development.
6. Any defamatory, offensive or illegal conduct of a third party towards the User.

Promotional Emails

Occasionally, the platform may send promotional emails, from which Registered Users can unsubscribe by clicking the ‘unsubscribe’ button at the end of each email, containing news about the aviation industry, the Platform and its Providers.

By registering on the Platform, Registered Users are automatically added to the promotional mailing list.

Content in the promotional emails may include links to third party websites and Content, for which RAVEN has no control or liability as laid out in these Terms of Service.

Purchase Conditions

Use of Course Content

The User may only purchase content in accordance with these Terms of Service and Purchase Conditions.

Use or access by anyone under the age of 16 is prohibited, and certain global regions and content offerings may have additional restrictions.

The User may download content, participate, access and non-commercially use Content through one User Account, unless consent from the Platform is obtained, and may not share access to the same account or access information to the account with any third party.  Infringement of this clause shall immediately result in legal action against the User, who shall be financially liable to the Company and its Providers.

Using RAVEN Course Content does not give the User any intellectual property rights on the Platform, its services or any Content within open or closed environments.

The User commits to abide by RAVEN’s Acceptable Use Policies.

Course Content Features

RAVEN reserves the right to cancel, interrupt, reschedule or modify Course Content, or change any method of assessment or its features, upon instruction of the Course Provider.

Unless expressly stated in the particular Course Landing Page, no Academic Credit shall be associated with Course Content.  If Academic Credit is relevant, it shall be clearly indicated in ECTS or ECVET value, as well as the accredited provider providing the course.

Given the Company is registered in the jurisdiction of Malta, the National Commission for Higher Education (NCFHE) in the state of Malta shall be the recognized academic body for the provision of Qualifications and Awards.

In the case of any required academic prerequisites, the User shall be able to submit such documentation through the Course Landing Page for review by the Platform.

Any foreign qualifications, certificates or credentials shall be forwarded to the Malta Qualifications Recognition Information Centre (MQRIC) for review.

Nor RAVEN, nor its providers, have any obligation to offer, develop or market Content which is recognised by any educational institution, accreditation organisation or competent Authority.

Relationship with the Platform and the Provider

Through the use of the Platform alone,

• Except in for recognised Awards and Qualifications, the User shall not have any relationship with the Platform or Provider.  In the case of Awards and Qualifications, the User shall be subject to the contractual relationship between Providers and their students.
• The User shall not be enrolled or registered in the Provider Institution or Organisation.
• The User is not entitled to use any resources of any Content Provider Institution beyond participation in the Course Content.

Feedback from Course Content

RAVEN values your suggestions, feedback, ideas and reviews on any course content (hereafter referred to as ‘Feedback’).  The User grants the right for RAVEN to use any Feedback without any restriction.

The User shall not be compensated for Feedback in any way, except as determined by the Company from time to time.

The Company is not bound to accept or adopt Feedback in any way, nor bound to forward to the Course Provider.

Paid Content

The Platform offers Paid courses in different forms for a fee.  Unless otherwise stated, all fees are quoted in Euro (EUR).

The User is responsible for paying all fees charged by the Platform and all applicable taxes through the payment gateway offered by the Platform.  If required, the Platform may collect fees using other collection mechanisms or currencies.

The Platform and the Providers reserve the right to change any fees at any time at their sole discretion.  This applies even in the case of Courses, Lessons or Waypoint consumption which is necessary to gain a Certificate, Licence, Award or Qualification.  For clarity, fees are only ‘locked in’ for consumption of checked out content only.

Any change, update or modification of fees will be effective immediately upon posting through the relevant Services.

Provider Institutional Policies

In the case of Courses provided by recognised Providers (by the competent Authority or Accredited Providers), nothing in these Terms of Service shall restrict the User’s responsibility to any institutional policies established by the same Provider.  Such policies shall supplement these Terms of Service, and whenever a conflict exists, the Provider’s policies shall take precedence.

Take Down Process

Any complaints by Registered Users or Providers shall be communicated to su*****@ra***.aero. An automated reply email will acknowledge receipt and someone from RAVEN will get in touch within 72hours.

The Platform reserves the right to temporarily suspend or permanently delete any User Account, Profile Data or Content at any time, including when it becomes aware of any illegality or breach of these Terms of Service and Purchase Conditions.

The Platform reserves the right to remove any allegedly infringing Content following submission of a Take Down Notice via su*****@ra***.aero.  Anyone sending a Take Down Notice to the Platform, hereinafter referred to as the ‘Complainant’, should assert and take every reasonable measure to assure that the grounds for this claim are adequate and concern specific Content uploaded or posted by a specific registered User.  Take Down Notices must be unequivocal and specifically indicate the infringing content.  The claimant should also provide adequate proof of the infringement.

The Complainant should submit to the Platform:

1. The complaining party’s contact information.
2. Identification of copyright or otherwise protected Content, or of Content in breach of these Terms of Service and Purchase Conditions.
3. A clear indication of the location of this Content on the Platform.
4. A physical or electronic signature of a person authorised to act on behalf of the rightsholder, if applicable.
5. A statement that the Complainant believes in good faith that the infringing material is published in a non-authorised manner, or is illegal.
6. A signature by the Complainant stating that the Take Down Notice is submitted in good faith, and that he is authorised to act on behalf of the rightsholder.

The Platform will respond to notices of alleged copyright infringement according to the Laws of Malta.

Generally, not submitting the above information will not result in a Take Down by the Platform.

Further to submission of a Take Down Notice, the Platform shall, following a potential temporary Take Down, request a statement from the party or User allegedly committing the infringement, hereinafter referred to as the ‘Counter-Claimant’.  In turn, the Counter-Claimant may submit a counter-notice, which must include:

1. The Counter-Claimant’s contact details and physical or digital signature.
2. Identification of material that was subject to Take Down.
3. A statement by the Counter-Claimant that he believes in good faith that the Content was taken down by mistake or misidentification.

Should any financial or reputational damage occur to the Company because a submitted Take Down Notice results in mis action, the Complainant shall assume all responsibility for covering the damage and related expenses of the Company.  Any Complainant or Counter-Claimant shall be fully responsible for acting in good faith and shall bear responsibility for any misrepresentations.

Notwithstanding the above, we shall proceed to suspend or terminate any Content further to a Court order.  In no manner shall the Platform be liable towards Users, Providers or any third parties if, pursuant to a Take Down Notice, the Platform takes down the content.  Each User and Provider acknowledges that the Platform has no obligation to examine the accuracy of any Take Down Notice and/or Counter-Notice submitted to the Platform.  The Company shall bear no liability to Registered Users and/or Third Party for any Take Down resulting from inaccurate proof submitted in Take Down Notices or Counter-Notices.

The Platform reserves the right to report any misconduct to Competent Authorities if necessary.

Intellectual Property

The Platform, except Content within its Courses governed by the present Terms of Service and Purchase Conditions, including all text, images, marks, logos, information, data, software, selection and arrangement thereof are the proprietary property of the Company, and are protected by the applicable intellectual property laws.  Neither Providers, nor Visitors, nor Registered Users may modify, reproduce, or publicly display, perform or distribute this information or materials for any public or commercial rules, without the scope of an agreement and/or terms and conditions set forth by the Company.

A User may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Platform or any Content within, except as expressly permitted by these Terms and Service or other applicable policies.

The RAVEN logo, name and all other products, services and marketing names or slogans displayed on the Platform are trademarks of RAVEN Ltd. and may not be copied, imitated or used, in whole or in part, within explicit written consent.

The look and feel of RAVEN cannot be copied, imitated or used, in whole or in part, within the aviation industry without prior permission in writing by the Company.

All remaining trademarks, including registered trademarks, product names, company names or logos mentioned on the Platform are property of the respective owners.

Reference to any courses, services, processes, trademarks, aircraft manufacturers, or any other third party organisations do not imply endorsement, sponsorship or recommendation thereof by RAVEN.

Users may not sublicense the use of, access to the Platform, and/or services or Content to third parties with or without remuneration.

Authors or submitters of articles are not entitled to compensation and shall not be paid for any access, use or sharing of any Articles on the Platform.  The Registered User submitting such an Article may be featured as a RAVEN contributor or blogger.

• Chosen articles are dependent on their quality, determined by the RAVEN Platform on an ad hoc basis.
• The Platform reserves the right to accept or refuse any submitted Articles.

Registered Users, and Providers, are prohibited from engaging in any activity which is unlawful or which breaches these Terms of Service and Purchase Conditions, including but not limited to:

1. Recording, directly or indirectly, Content through any means or in any form.
2. Translation of the Content to other languages.
3. Unauthorised and/or illegal distribution to the public by sale or otherwise.
4. Renting or public lending of Content.
5. Transmission or retransmission of the Content in any way, shape or form.
6. Any other act or action contrary to these Terms of Service and Purchase Conditions.

User Course Content

The Platform allows the User to share Content, including assessments, projects, posts, likes, etc. with other Users and Instructors.

The User retains Intellectual Property (IP) rights for Content they create and share on the Platform.

The User grants RAVEN a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use User Content. This licence also grants RAVEN the right to authorise Providers to use User Content outside of the Platform.

Termination of Access

Any Registered User may decide to delete his Account and Profile at any time, as per Section 2.

The Platform may terminate a User’s access to all or part of the Platform, or any Content within, at any time, without cause, with or without prior notice.

Confidentiality

The Platform reserves the right to disclose, subject to a Non-Disclosure Agreement (NDA), Content, business operations, capabilities, systems, strategies, marketing information, technologies, processes, procedures, and other aspects of the business to third parties.  These third parties shall acknowledge and agree that this information is confidential and is proprietary to the Provider and the Platform.

Users shall not disclose, redistribute or reproduce data, Content (including Course Content), business operations, capabilities, systems, strategies, marketing information, technologies, processes, procedures, and other aspects of the Platform to any third party without explicit prior consent of the Platform.

All obligations within this clause shall survive the termination of any User account.

Indemnification

In addition to any other warranty, indemnification and declaration of Users, all Registered Users also agree to indemnify and hold harmless RAVEN Ltd., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of their use of the Platform, including but not limited to the violation of theTerms of Service and Purchase Conditions.

In addition to any other warranty, indemnification and declaration of Users, Providers agree to indemnify and hold harmless RAVEN Ltd., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of their use of the Platform.

Applicable Law and Jurisdiction

These terms are considered as terms between business and customer (B2C) and are governed by and construed according to the laws of Malta. Both parties agree that they are subject to the exclusive jurisdiction of the courts of the Republic of Malta.

Any disputes arising from the misinterpretation and/or violation of these Terms of Service and Purchase Conditions shall be settled according to the Arbitration Act in the Laws of Malta.

Security

The company treats the security of its Users, Providers and the Content within the Platform with utmost importance.

While the Company works to protect the security of information, it cannot guarantee that unauthorised third parties will not be able to defeat the Platform’s security measures.

Please notify the Platform immediately on su*****@ra***.aero if you notice any compromise or breach of security related to your account.

Miscellaneous

If individual clauses become partially or wholly invalid, or unenforceable, the validity of the remaining clauses shall not be affected.

Should the Company decide not to enforce a provision, it will not preclude its rights from enforcing any other provision.

The Company reserves the rights to change these Terms of Service to any individual or entity at its sole discretion, and is not obliged to offer uniform standard terms and conditions to all Providers or Registered Users.

The Company reserves the right, at its own discretion to modify or replace any part of these Terms of Service.  Registered Users continued use or access of the Platform following the posting of such changes constitutes acceptance of those changes.

The Platform also reserves the rights to offer new services and/or features through the Platform, which will be subject to these Terms of Service and associated Purchase Conditions.

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Privacy Policy

Last update: 1st January 2021

Who we are

With its Privacy Policy, RAVEN is committed to protecting the privacy of all individuals in respect of whom we hold personal information. Please read the following Privacy Policy which explains how we use and protect your personal information. This Privacy Policy applies to the use of all our services and websites (and web-based services) on which a link to this policy appears (the “Sites”).

For the purpose of the Data Protection Act 2018 and the EU General Data Protection Regulation (the “GDPR”) (together, the “Data Protection Legislation”), the data controller is RAVEN, registered company number C89503 with registered address Flat 5, 185, Howard Court, Triq San Pietru, Mgarr, Malta.

We take your privacy seriously and we are committed to keeping your information private. To the extent we are required by law, we have notified the Office of the Information and Data Protection Commissioner that we will process your personal information in accordance with the Malta Data Protection Act (as defined above).

By providing us with any information about yourself (including via the Sites), you understand that we will process your personal information in accordance with this Privacy Policy.

This Privacy Policy covers

1. What personal information we collect about you and how we collect it
2. Our legal basis for collecting and using your personal information
3. How we will use your personal data
4. Automated Processing of your personal data, including Profiling
5. Data retention, data security and transfers of personal information outside of the European Economic Area (EEA)
6. Your rights – Accessing, erasing and updating your personal information
7. How to unsubscribe from any email alerts that you receive
8. Changes to our Privacy Policy
9. Legal and Contact Information

What personal information we collect about you and how we collect it

We collect personal information whenever you contact us and provide us with information that we are able to identify you by, including when you contact us by phone, email, live messaging or when you sign up to use any of our services.

In particular, we collect and use your personal, contact and user account information when you:

• Enrol, complete and claim your certificate for a RAVEN course;
• Create an account on RAVEN;
• Subscribe to receive email updates from us;
• Take part in market research or surveys; and
• Every time you e-mail or contact RAVEN support.

We also collect information about the payment methods that you use for any transactions that you make.

When you work for a third party that purchases products and services direct from RAVEN or its training providers, they are required to provide information about you in order to deliver your training. It is that third party’s responsibility to ensure that it has informed you, and where necessary, obtained your consent to do this. Should you have any questions about how third parties use your data, you should direct these to that party.

Information that we automatically collect (including use of “cookies”)

This website uses cookies to improve your experience when visiting the website.  Cookies are small files saved to your device that track, save and store information about your interactions with and usage of the website.  This allows the website, through its server to provide you with a tailored experience within this website.

If you don’t want cookies to be stored on your device, you should make the necessary changes to your device or the relevant browsers or apps. Please note that if you disable cookies, some services or website functionality may not be available.

We use the following cookies:

• Essential cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, and to use online forms.
• Analytical cookies. This website uses Google Analytics tracking software to better understand how you use it.  This software will save a cookie to your device in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information.  You can read Google’s privacy policy here for further information.
• Marketing cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences. These cookies also record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website, the advertising displayed on it and communications sent more relevant to your interests.

By continuing to use this site, you are accepting our use of these cookies that make advertising and communications more relevant to you and your interests, and further help us to improve the site.

Legal Basis for collecting and using your personal information

Data Protection Legislation mandates that any personal information can only be used where there is a lawful basis to do so. At RAVEN, we rely on one or more of the following grounds to legally collect and use your personal information:

• The data is necessary for the performance of the contract which we have with you (i.e. to provide our services to you);
• We are using your personal information where it is in our legitimate interests to do so;
• We have a legal obligation to process your personal information;
• You have consented to the use of your personal information by us.

Where we rely on your consent to process any of your personal information, you may revoke your consent at any time. Any such revocation will not affect the lawfulness of any prior use of that personal information.

Where your data is provided to us by a third party who you work for, they are the Data Controller for that information and have the obligation to set their own Lawful Basis for processing.

How we use your personal information

We will use your personal information to enable us to provide our Services to you and enable you to use the Sites, including, for the following purposes:

Performance of a Contract

We will use your personal information for the following purposes where it is necessary to perform a contract, or enter into a contract, with you:

• To authenticate your identity and administer your RAVEN account;
• To deal with your enquiries and requests;
• To process your orders for any services or products that you purchase from us;
• To provide you with updates about developments on our Sites;
• To enable our data processors (such as our group companies and hosting providers) to provide services (or components thereof) requested by you.

Legitimate Interest

We may use your personal information where we have a legitimate business interest to do so. These legitimate interest are:

• To personalise aspects of our services to you;
• To carry out market research or surveys about our products and services;
• For marketing and strategic development purposes, for example to identify trends usage;
• To enable our data processors (such as our group companies and hosting providers) to provide services (or components thereof) requested by you;
• For the proper keeping of records;
• To analyse and create statistical reports based on the services we provide and our performance of those services.

Legal Obligation

We will use your personal information where we are legally obliged to do so, this includes:

• For financial reporting and auditing purposes,
• For anti-money laundering or fraud prevention, detection and reporting;
• To maintain records of actions taken on your account.

Consent

We will use your personal information where we have your consent to do so:

• To provide you direct marketing information related to information about the products and services we offer;

It is your responsibility to ensure that any information submitted as part of the registration process to your RAVEN account is accurate and up to date.

Automated Processing of your personal data, including Profiling

RAVEN does not undertake and automated decision making or profiling on the data which is provided to us.

Data retention, data security and transfers of personal information outside of the European Economic Area (EEA)

We take steps to protect your personal information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We will only keep your personal information for as long as we reasonably require and for the activities we have detailed above. This means we will retain personal information for the duration of any contract we have with you, in line with any legal obligation for data retention (such as that for HMRC) or, primarily, until erasure is requested by you.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your personal information, we cannot guarantee the security of your data transmitted via email and/or our website; any transmission is at your own risk.

The personal information that we collect from you will be stored and processed within Malta and the EEA.

In the event your personal information is transferred, stored or processed outside of the EEA, we will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy and the Data Protection Legislation.  This means that we will only allow third parties to access your personal information where those third parties; (a) are in countries that have been confirmed by the European Commission to provide adequate protection to personal information; or (b) have agreed to provide all protections to your personal information as set out in the Data Protection Legislation (such as by entering into the European Commission’s Model Clauses).

Your rights – Accessing, erasing and updating your personal information

Should you have any queries or complaints in relation to how we use your information please contact us via the details set out at section 9 below. You have the right to access the personal information we hold about you and to ask us to:

• make any changes to ensure that any personal information we hold about you is accurate and up to date;
• erase or stop processing any personal information we hold about you where there is no longer a legal ground for us to hold it; or
• transfer any information we hold about you to a specified third party.

Should you wish to take any complaints or queries further, you have the right to contact the Information Commissioner’s Office regarding such issues.

How to unsubscribe from any email alerts that you receive

If you have elected to receive information about our products or services, and would like, at any time to unsubscribe from this service, please email make an enquiry through our contact page or click on the “unsubscribe” link at the bottom of an email.

Changes to our Privacy Policy

RAVEN may amend this Privacy Policy at any time and where we make material changes to it we will provide notice on our website. By continuing to use our services and/or our Sites, you agree to the updated Privacy Policy. If you do not agree to any changes that we make, you should not use or access (or continue to use or access) our services and/or our Sites.

This privacy policy was last updated in January 2021.

Legal and Contact Information

The registered address of RAVEN is:

185, Flat 5, Howard Court, Triq San Pietru, Mgarr, Malta.

We will use all reasonable efforts to answer any questions or resolve any concerns regarding your privacy promptly.

All comments, queries and requests relating to our use of your personal information are welcomed. If you would like to contact us, queries should be addressed to the Data Protection team by emailing us at su*****@ra***.aero.

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