Terms & Conditions

Linked PoliciesOur Privacy Policy and Returns Policy form part of these Terms of Service. You can view them at the following links:

By using this website or purchasing from us, you acknowledge that you have read and agreed to these policies.

This website www.skilplane.com (“this website”) is operated by Skilplane Limited. Throughout this website, the terms “we”, “us” and “our” refer to Skilplane. Skilplane offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting this website, purchasing something from us, signing up for our marketing material or engaging in any other feature offered by this website or Skilplane, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of this website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using this website. By accessing or using any part of this website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access this website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to this website. It is your responsibility to check this page periodically for changes. Your continued use of or access to this website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Wix Business operated by Wix.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 – online store terms

By using this website, you confirm that you are at least the age of majority in your jurisdiction. If you are under the age of majority, you may only use this website under the direct supervision of a parent or legal guardian who accepts these Terms of Service on your behalf.

Skilplane does not knowingly collect or store personal information from individuals under the age of 16 without parental consent. If we become aware that we have collected such data without proper consent, we will delete it promptly.

When you place an order of products with us, this is an offer to purchase our products in accordance with these Terms of Service. We may choose to accept your order by arranging for the processing of your payment and the shipping of the products, or may, for any reason, decline to accept your order or any part of your order.

The price payable for products ordered by you shall be the price displayed on the website at the time your order is submitted, together with the applicable delivery charges. By default, all prices are quoted in US Dollars.

Returns for faulty or damaged products are governed by our Return Policy.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, malware, viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

These Terms shall be governed by the laws of New Zealand, without regard to conflict of laws, and any disputes shall be subject to the exclusive jurisdiction of the courts of New Zealand, except where local consumer protection laws require otherwise.

Section 2 – general conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on this website through which the Service is provided, without express written permission by us.

We do not guarantee that this website will be available at all times, and you agree that we will not be liable to you for any unavailability of this website at any given time.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Affirmative Consent
You acknowledge and agree that by checking the box at checkout or account registration, you are entering into a legally binding agreement with Skilplane, and that you are accepting these Terms of Service, our Privacy Policy, and our Returns Policy in full.

Section 4 – accuracy, completeness and timeliness of information

We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on this website. You agree that it is your responsibility to monitor changes to this website.

Section 5 – modifications to the service and prices

Prices for our products are subject to change without notice, and unless otherwise stated are in US Dollars.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 6 – products and services

Certain products or services may be available exclusively online through this website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 7 – accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Where you have chosen to create a user account with us, you agree to treat your account log in information (including your password) as confidential. You may not use a password which is obvious or easy to guess or determine.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Section 8 – optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through this website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through this website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 9 – third-party links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 10 – user comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 11 – personal information

Your submission of personal information through the store and this website is governed by our Privacy Policy.

Section 12 – errors, inaccuracies and omissions

Occasionally there may be information on this website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 13 – prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using this website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 14 – INTELLECTUAL PROPERTY

We own or license all intellectual property rights in this website and all content contained on it, including (but not limited to) all product and brand names, logos, trade marks, designs, artwork, visual effects, graphics and source code.

You may download or print extracts of this website solely for your person use. Any other use of the intellectual property contained on this website, including the copying or downloading of information for commercial purposes, is strictly prohibited and will constitute a breach of these Terms of Service.

Section 15 – disclaimer of warranties and limitation of liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

While we take all reasonable steps to ensure the safety of this website, we do not warrant or represent that this website is or will be free or secure from viruses or other malicious code.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may suspend the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We shall not be liable to you for any delay or non-performance of our contractual obligations to the extent that such delay or non-performance is caused by an event or circumstance which is outside our reasonable control.

In no case shall Skilplane, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to natural disasters, pandemics, shipping disruptions, or governmental actions.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under mandatory consumer protection laws in your country.

If you are located in a country that provides statutory consumer rights (such as the European Union, United Kingdom, Australia, or New Zealand), those rights remain unaffected.

Where such laws apply, our liability is limited to the extent permitted by law, which may include:

The replacement or repair of the product
The re-supply of the service
A refund of the amount paid

Section 16 – Product Liability Waiver

The products have been designed for the specific use designated within their accompanying instructional materials or as displayed on the Skilplane website. The products may not be used for unlawful uses or for uses not expressly stated in the instructional materials.

Skilplane does not represent or warrant that the use of the products will have the results described in the accompanying documentation or that the information provided with any product is complete, accurate, or useful. You should test the product to determine its properties and suitability for your intended use.

To the maximum extent permitted by law:

SKILPLANE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THIS PRODUCT. THIS PRODUCT IS PROVIDED ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

SKILPLANE WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THIS PRODUCT, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. IN NO EVENT WILL SKILPLANE’S LIABILITY EXCEED THE VALUE OF THE PRODUCT(S) SOLD.

You agree to indemnify, hold harmless, and defend Skilplane, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the product.

YOU UNDERSTAND AND AGREE THAT THE USE OF SKILPLANE’S PRODUCTS AND THE CIRCUMSTANCES IN WHICH THE PRODUCTS MAY BE USED MAY INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS, AND DEATH. YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITIES FOR LOSSES, COSTS, AND DAMAGES THAT YOU MAY INCUR AS A RESULT OF YOUR USE OF THE PRODUCTS. WILL NOT MAKE SKILPLANE RESPONSIBLE FOR THE RISKS AND DANGERS INHERENT IN DANGEROUS SITUATIONS.

WARNING: NOT INTENDED FOR CHILDREN. Skilplane sells high quality aviation training equipment. The products sold are NOT intended for use by children unless stated.

The product liability disclaimer document states Skilplane’s entire obligation with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable, or illegal, including, but not limited to the warranty disclaimers, liability disclaimers, or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.

Section 17 – indemnification

You agree to indemnify, defend and hold harmless Skilplane and its directors, officers, employees, contractors, and agents from and against any and all third-party claims, damages, liabilities, losses, and expenses (including reasonable legal fees), arising out of or in connection with your use of our products or services, your breach of these Terms of Service, or your violation of any applicable law or third-party rights.

This indemnity will apply only to the extent permitted by law and will not apply to the extent the claim arises due to Skilplane’s own negligence or wilful misconduct.

Section 18 – severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 19 – termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using this website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 20 – entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 21 – governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

You and we submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute, claim or legal matter arising as a result of, or in regards to, your use of the Service and these Terms of Service.

Section 22 – changes to terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to this website. Please check this website periodically for changes. Your continued use of or access to this website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 23 – contact information

Questions about the Terms of Service should be sent to us at skilplane.com@gmail.com