TERMS AND CONDITIONS

1. Flightdeck Aviation LLP, a limited liability partnership incorporated under the laws of India and having its registered office at 17/b -201, Eskay Apartment, Saibaba nagar, Borivali west, Mumbai - 400092, India (“FDA”) is in the business of providing professional consultancy and management services for corporates, individuals and pilots for acquiring requisite knowledge and skill of the aviation industry, under the name and style “ThePilot”.
2. As part of the professional consultancy services, FDA shall provide the Pre-process and Post-process services required to be performed by each individual before commencing the pilot training course and after completing the pilot training course respectively from a training academy and as specifically mentioned in Schedule 1 of this Terms and Conditions (“TnC’s”) (hereinafter referred to as “Consultancy Services”).
3. You have expressed your desire to avail Consultancy Services from FDA on the terms and conditions more particularly set out below.
4. In consideration of FDA providing Consultancy Services, you have agreed to pay FDA a sum of INR 75,000 (Indian Rupees Seventy Five Thousand) inclusive of all taxes (“Fees”).
5. The Fees shall be paid by you immediately upon receipt of the login credentials from FDA and no later than within two (2) days from the date of receipt of the login credentials.
6. Only upon receipt of the Fees by FDA, FDA shall initiate the process of providing the Services i.e. Pre-process and Post-process services. If the event any additional fee is required to be paid then the same shall be paid within three (3) days form the date of receipt of an email from the FDA. 
7. The total tentative time taken by FDA to complete the entire Pre-process is approximately two to three months and six to eight months for the completion of Post-process. FDA shall not at any time be liable for any delay in the timelines if the same is attributable for any delay at your end. The FDA shall also not be liable for any delay in the timelines mentioned herein for providing the Services if there is any delay in receiving the reports/assessments/documents from such third parties from whom you get test/assessment/examination done. 
8. The timelines specified in Clause 7 above is based on the following assumptions:
   1. Upon payments being made to the relevant third parties the receipts will be immediately furnished to FDA to enable FDA to schedule an appointment. Only upon payment of the necessary fees/charges and receipt of the documents FDA shall schedule an appointment.
   2. All documents requested by FDA will be made available as per the timelines mentioned by FDA.
   3. You make yourself available on the appointed date and time.
   4. You clear all the tests/exams (including theory and skill test) in the first attempt.  
9. Further, you agree that the timelines to complete the Services by FDA i.e. the Pre-process and Post-process may vary if you are required to appear for the test/assessment/exam more than once.
10. The timeline for completion of each document/step as specified in Schedule 1 shall be communicated by FDA to you from time to time
11. FDA shall not at any time and for any reason whatsoever be liable for the fees paid by you to any training academy for the purpose of availing professional pilot training course.
12. You agree that if you are required to travel to any location/place for the completion of any Pre-process and/or Post-process then the same shall at your own cost and FDA shall not be liable for the same. It is further clarified, that the Fees does not include cost for any travel by you.  
13. You hereby represent and warrant that:
    1. you are free to enter into this arrangement and there is no litigation or proceeding pending or threatened against you which if decided adversely against you would interfere with the carrying out of this arrangement;
    2. you shall not disclose, reveal or make public, any information of whatsoever nature in connection with the Services, and/or the terms of this TnC’s and you shall treat such information as strictly confidential;
    3. during the continuance of this arrangement, you shall not do any act which might bring you into public disrepute or offend the community or public morals, or prejudice or damage the reputation of FDA;
    4. you shall not take any action or make any statement that is obscene, defamatory, abusive, derogatory or controversial that. may hurt the reputation of FDA;
    5. all payments as specified in Schedule 1 shall be paid directly to third parties as indicated by FDA and such original receipts shall be immediately furnished to FDA and as may be requested by FDA from time to time.
    6. you agree to indemnify and hold FDA and its partners, officers, directors, employees, harmless from any and all actions, proceedings, claims, losses, costs, expenses (including all legal fees), and any other damages suffered or incurred as a direct or reasonably foreseeable result of or in connection with, or arising from (i) the breach of any representation, warranty, undertaking or agreement  or provision of this TnC’s, (ii) any claim arising out of the death, injury or disability suffered by any person as a consequence of your actions or omissions, (iii) any statement, article or document written, published or otherwise distributed by you, or (iv) any other damage, death, injury or loss caused by your act or omission.
14. General
    1. Assignment
       FDA may assign, transfer, subcontract or license the benefit and the rights and obligations under this TnC’s to any other person at any time without restriction.
    2. Relationship with FDA 
       Nothing in this TnC’s shall be deemed or construed to constitute or create between the parties hereto a partnership or joint venture for any purpose.
    3. Notices
       Any notices or other communications to be given shall be in writing and shall be transmitted by personal delivery, by recognized international courier delivery service or by email, and shall be addressed to the party at its address specified at the beginning of this TnC’s or to such other address or email ID as one party may notify to the other party in writing as being its address or email ID for such purpose. Any notices or communications transmitted by recognized international courier delivery service or by mail immediately thereafter and shall be deemed served on the Business Day following the date of fax transmission.
    4. Amendment
       FDA reserves the right in its sole and absolute discretion to amend/change/vary any of the TnC’s at any time without any prior notice and you agree to such amended terms.
    5. FDA makes no representations and disclaims all express, implied, and statutory warranties of any kind to you and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability, or fitness for any particular purpose.
    6. Severability
       Any provision of this TnC’s that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
    7. Survival
       The provisions of this TnC’s that shall survive the expiration or termination of shall survive.
    8. No Third Party Beneficiaries
       The terms entered into are for the express benefit of the parties hereto, their successors and their permitted assigns and is not intended, and shall not be deemed, to create in any other person whatsoever any rights or interest whatsoever, including without limitation any right to enforce the terms hereof.
    9. Compliance with Law
       You agree to comply with all statutes, ordinances and regulations of all international, federal, state, county and municipal or local governments and of any and all of the departments and bureaus thereof, as applicable.
    10. Independent Legal Advice
        You acknowledge that you have had the opportunity to be represented by independent legal counsel prior to agreeing to these terms, and that you have consulted with such counsel or knowingly and voluntarily waived your right to do so. You also acknowledge and agree that you have agreed voluntarily without any duress or undue influence on the part of or on behalf of FDA.
    11. Indemnification
        You shall keep FDA indemnified and harmless from and against any actual losses, damages, liabilities, claims, demands, suits and expenses (including reasonable attorney's fees) that FDA may incur or be liable for as a result of any claim or alleged claim, any suit or proceeding made or brought against FDA based upon or arising out of statements/ communications, oral or written that you may make without written clearance or authority of FDA and/or misstatement/miscommunication of facts, errors by you and / or by reason of / or by consequence of any breach of representation, warranties, undertakings or covenants, by you. FDA shall have no liability whatsoever for any indirect loss suffered by you or any third party in relation to this TnC’s, nor for any direct or indirect economic or consequential damage or loss suffered by you or any third party.
    12. Entire Agreement
        The terms set out herein constitute the entire agreement between the parties and supersedes any previous agreement between them in relation to the subject matter specified herein.
    13. Governing Law and Jurisdiction
        The terms of this TnC shall be governed by Indian laws and the courts of Mumbai shall have the exclusive jurisdiction to settle the disputes arising out of this TnC.

Schedule 1

Flying recency requirements would be applicable as per Regulator Guidelines for Conversion of Commercial Pilot License.