Terms & Conditions
Terms & Conditions for Aerodyne Flight Institute
Our Terms & Conditions was last updated on 26th February 2024.
INTRODUCTION
Please read this Terms and Conditions (“these Terms”) carefully before purchasing a Course. Individuals purchasing any Course (“You”) may print out a copy for your own records and safekeeping purposes. Aerodyne Flight Institute (“AFI”) will not file or otherwise keep a copy of the agreement concluded between you and AFI and a copy of the concluded agreement will not be available from AFI at a future time and date. By purchasing a Course, you are confirming your agreement to be bound by these Terms.
https://aerodyne.institute and Aerodyne Flight Institute is owned and operated by Aerodyne Geospatial Sdn. Bhd. [(201201028098) (1012585-K)] with its registered office at Persiaran Cyber Point Selatan, Cyber 8, 63000 Cyberjaya, Selangor.
DEFINITIONS
"Additional Charges"
Means any amounts payable that are not Fees and may include, but are not limited to, payment for the delivery of Study Materials otherwise not included in the usual Course purchase, any re-sit fees which AFI may change from time to time if applicable, any administration charges for switching location of any Courses, additional services, examination entries and re-sit fees and any import duties, taxes, and customs clearances which may be payable.
"AFI"
Means Aerodyne Flight Institute which is a program owned and developed under Aerodyne Geospatial Sdn. Bhd. [(201201028098) (1012585-K)] with its registered office at Persiaran Cyber Point Selatan, Cyber 8, 63000 Cyberjaya, Selangor and is a registered Remote Pilot Certification Organisation (“RPTO") issued by Civil Aviation Authority Malaysia; any reference made to AFI is also in referencemade to refer Aerodyne Geospatial Sdn. Bhd.
"Course"
Means a Course which is offered on our Website purchased by you.
"Fee"
Means the fee payable for the Course and/or Study Materials and shall exclude any SST payable and excludes Additional Charges.
"Flight Assessment" or "Operational Evaluation"
Means an assessment of a clients’ ability to fly a drone available to i) individuals who have already passed the theoretical course with AFI or ii) current operators aiming to obtain license for different classes of drone.
"Instructor"
Duly qualified instructors from AFI or third-party.
"RCOC"
A certificate required for individuals who operate unmanned aerial vehicles (UAVs) for commercial or professional purposes in Malaysia.
"Study Materials"
Means, but not limited to, operation manuals, operational procedure, online theoretical training, question banks, review exercises, mock exams (papers and suggested solutions), course companions, online study materials, and study texts.
"these Terms"
Means these Terms and Conditions.
"Website"
Means https://aerodyne.institute
"You"
Means the individual purchasing the Course.
DELIVERY
3.1. Unless otherwise agreed by AFI in writing, all course booking will be made via the Website.
3.2. When you place an order for a Course you are offering to purchase that Course on these Terms. AFI reserves the right to decline or cancel your order, or any part of your order in its own discretion.
3.3. Following receipt of your order form for a Course, and where applicable, payment of the Fee, you will receive an email confirming that your order has been received by AFI. Your order will be subjected to acceptance by AFI of your offer to purchase in accordance with Clause 3.5 below.
3.4. A legally binding agreement shall not come into existence until AFI has accepted your offer to purchase a Course by: -
3.4.1. Sending you an order acceptance confirmation email: and
3.4.2. After being in receipt of necessary payments for the Course from yourself or if applicable your employer in accordance with these Terms.
3.5. Where your order consists of multiple Courses, each individual Courses will be treated by AFI as a separate offer to purchase.
3.6. AFI reserves the right to withdraw at any time Courses advertised for sale on the Website.
PAYMENT
4.1. The Fee for any Course at any time will be displayed on the Website or where applicable will be notified to you by AFI Customer Service representative. Fees are quoted and payment shall be made in Malaysian Ringgit (MYR), including SST and any Additional Charges.
4.2. If you purchase a Course on the Website:
4.2.1. You shall fill in and submit the Application Form via the Website;
4.2.2. AFI will send you an invoice with payment details. Depending on whether your payment is made by yourself or your employer or a third-party, you must make payment within 30 days after the issuance of such invoice. Once your payment is confirmed, AFI will email you a confirmation for your selected Course: and
4.2.3. The Fee including SST and any delivery charges payable in relation to delivery of Study Materials, if applicable, will be shown prior to completion of the online transaction.
4.3. The provision of this Course is contingent upon AFI having received cleared funds from you or your employer (if you select to invoice your employer) in respect of the Fee for the relevant Course. Without prejudice to AFI rights and remedies under these Terms, if any sum payable is not paid in cleared funds on or before the due date (being the date the Course is booked if you are responsible for paying the Fee or within thirty (30) days from the date of the invoice if your employer is responsible for paying the Fee, save that payment will be due immediately if booking is made less than thirty (30) days before the Course start date).
4.4. AFI reserves the right, forthwith and at AFI sole discretion, to suspend the provision to you and refuse your entry to the relevant Course.
4.5. If you opt to have your employer to cover the Course Fees, the following additional Terms shall apply: -
4.5.1. Upon receipt of a signed order form from your manager or another designated individual from your employer, AFI will issue an invoice to your employer.
4.5.2. Your employer is required to make full payment of the Fee within thirty (30) days from the invoice date.
4.5.3. Immediate payment is necessary for bookings made less than thirty (30) days before the Course date.
4.5.4. Both you and your employer are jointly and severally liable for any unpaid invoices.
4.5.5. By enrolling in the course, you authorised AFI to share the details of your attendance, exam results, progress reports, and any other relevant information requested by your employer.
4.6. Study Materials will not be provided online, dispatched, or available for collection until AFI has received full payment (including delivery charges, if applicable) from you or your employer.
4.7. AFI reserves the right to charge interest on overdue amounts at a rate of (eight percent) 8% per annum. Interest will accrue daily from the due date until payment is received.
4.8. AFI may recover reasonable debt collection costs associated with these terms.
4.9. AFI shall not be responsible for covering your travel or accommodation expenses.
CANCELLANTION RIGHTS
COURSE
6.1. Please refer to the description of the Course on the Website for comprehensive details of the Course contents.
6.2. Additional Study Materials and/or tuition (online, face-to-face, or classroom) beyond what is outlined in the Course description on the Website will not be provided by AFI.
6.3. You acknowledge that AFI maintains a zero-tolerance policy concerning inappropriate behaviour. This includes but is not limited to abusive or violent conduct towards AFI staff or your fellow Course members, as well as unfair and dishonest practices such as cheating. AFI reserves the right, at its discretion, and without liability or obligation to refund the Fees, to decline providing any Course to its clients or to refuse admission to, and remove from, AFI premises any clients whose participation in any Course is deemed undesirable or whose behaviour breaches these Terms.
6.4. You are required to adhere to all health and safety regulations and reasonable security measures, including relevant safety and accident prevention protocols applicable to training within AFI premises.
6.5. Training sessions will be held at the AFI training premises or at any other specified premises. Training schedules will be aligned with AFI’s standard working hours unless otherwise agreed upon in writing. While AFI is primarily responsible for conducting the training, it reserves the right to have the training party or entirely conducted by duly qualified third parties on behalf of AFI. Certification will, in all cases be issued by AFI.
6.6. If you require a visa to attend AFI training, it is your responsibility to obtain the necessary visa and ensure that your attendance meets visa requirements.
6.7. You must sign an attendance register for each Course as instructed by the Instructor.
6.8. Your personal belongings are your responsibility, and AFI does not accept liability lost or stolen items at its venues. During the Course, it is advisable to keep valuables with you at all times.
6.9. If successful completion of the training requires a test or examination, it will be conducted according to AFI’s applicable rules. AFI does not guarantee that participants will achieve the intended training level or pass the exam.
REGULATORY AND LEGISLATIVE CHANGES
7.1. Periodically, certain Courses may be outdated due to new legislation or regulations. Following the introduction of new laws or regulations, AFI may develop Course covering the updated material. If new legislation or regulations render existing Course obsolete, these may be replaced and made available for purchase as new Course.
WARRANTIES
8.1. AFI will provide the Study Materials in accordance with the Course description outlined on the Website.
8.2. It is expected that you exercise reasonable diligence in verifying that the Course and Study Materials meet your requirements. AFI does not guarantee any specific results from the use of the Study Materials or that you will attain any particular qualification upon Course completion (unless otherwise stated on the Website).
8.3. AFI does not warrant the Study Materials will be free from errors.
8.4. Any representations, warranties, terms or commitments not explicitly outline in these Terms (whether implied by law, conduct, statute, or otherwise) are hereby excluded to the fullest extent permitted by law.
LIMITATION OF LIABILITY
9.1. The limitations and exclusion of liability stated in these Terms do not apply to a party’s liability: -
9.1.1. For fraud or fraudulent misrepresentation;
9.1.2. For death or personal injury resulting from negligence; or
9.1.3. Where such limitation or exclusion is prohibited by law.
9.2. Except as otherwise specified in this Clause 9, AFI’s maximum aggregate liability to you for any claims arising out of or in connection with these Terms, the Course, the Study Materials, and any technical support shall not exceed the amount of the Fee paid or payable by you.
9.3. AFI shall not be held responsible for any delay or failure to fulfil its obligations under these Terms if such delay or failure arises from causes beyond its reasonable control. This provision does not affect your statutory rights.
9.4. Each provision in this Clause 9, shall be interpreted separately as between you and AFI. If any is deemed unreasonable, inapplicable, or unenforceable, but would be valid with some part deleted, such provision shall apply with necessary modifications to make it valid and effective.
INTELLECTUAL PROPERTY
10.1. All trademarks, patents, designs, copyright, logos, and any intellectual property rights including any use of applications or software that includes Learning Management System related to the AFI’s provision of education and learning and / or products and services brand are the exclusive property of Aerodyne Geospatial Sdn. Bhd. Any unauthorized use, reproduction, or modification of these trademarks, patents, designs, or logos is strictly prohibited without the express written consent of Aerodyne Geospatial Sdn Bhd.
10.2. AFI or Aerodyne Geospatial Sdn. Bhd. and/or its licensees retain all ownership of the intellectual property in the Course and the Study Materials. No Course or Study Materials, or any part thereof, may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without prior written permission from AFI.
10.3. Upon receipt of the Fee, AFI grants you a limited, non-exclusive, non-transferable license in the duration of the Course to use the Learning Management System and Study Materials solely for the Course.
10.4. You may not modify, copy, reproduce, republish, sublicense, sell, upload, broadcast, post, transmit, make available, disseminate, or distribute any Study Materials in any way not expressly permitted in these Terms.
10.5. Any use of the Study Materials not explicitly permitted in these Terms constitutes an infringement of AFI’s copyright or other intellectual property rights, as well as the copyright or other intellectual property rights of AFI’s licensors.
GENERAL
11.1. AFI reserves the right to update or amend these Terms periodically to comply with the law or to meet changing business needs, without prior notice to you. Any updates or amendments will be posted on the Website.
11.2. These Terms, along with the Website Terms of Use (if you purchased the Course via the Website), constitute the entire agreement between us and supersede any previous terms and conditions published by us. They also superseded any other understanding, representations, warranties, arrangements, or statements, whether oral, written, or otherwise, relating to the subject matter of these Terms.
11.3. You may not assign or subcontract any of your rights or obligations under these Terms to any third party without the prior written consent from AFI.
11.4. AFI reserves the right to assign, transfer, subcontract any of its rights or obligations under these Terms to any third party at its discretion.
11.5. No relaxation or delay by AFI in exercising its rights or remedy under these Terms shall operate as a waiver of that right or remedy or affect its ability to subsequently exercise it. Any waiver must be agreed by AFI in writing.
11.6. If any of these Terms are found tot be illegal, invalid, or unenforceable by any court of competent jurisdiction, the remaining Terms shall remain in full force and effect.
11.7. Any notices required to be served on you by AFI under these Terms will be deemed properly served if it is emailed to the email address provided by you in the Application Form, at AFI’s discretion.
11.8. A notice delivered personally is deemed given on the day it was left at the specified address. A notice sent by post is deemed given on the day it was posted as evidenced by the sender. A notice sent by fax or email is deemed given on the day it was sent.
11.9. These Terms between you and AFI will be conducted in English only.
11.10. These Terms, and any other matters arising out of or in relation to these Terms, are governed by and construed in accordance with the laws of Malaysia. You agree to submit to the exclusive jurisdiction of the Malaysian courts to settle any disputes that may arise out of or in connection with these Terms.