Course Terms and Conditions
Training Terms & Conditions
- THE AGREEMENT:
This Course Agreement Training Terms and Conditions (as may be amended, supplemented and/or modified, hereinafter, “Agreement”) is made by and between Amplify Yachting Ltd, a private limited company registered under the laws of South Africa, The Student as a participant in the Course and The Client (if applicable), further defined below.
All parts, and sub-parts of this Agreement, our Website Privacy Policies and website Terms and Conditions (as amended) are specifically incorporated by reference herein. This Agreement shall govern the use of all information, services, materials, pages and screens in and on the Course or Courses (all collectively referred to as “Course”) and any Services provided by the Company through or in connection with the Course (“Services”) and/or on the Company Websites: (the “Websites”) and any Materials (as defined herein) otherwise and howsoever provided by the Company.
If you live in the United States or Canada, by agreeing to this Agreement, you agree to resolve disputes with the Company through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Arbitration section.
- DEFINITIONS; TERMINOLOGY:
Capitalised terms used herein and not otherwise defined shall have the following meanings:
- The Company: Amplify Yachting Ltd trading as The Yacht Purser – is the training company that supplies and delivers training courses and training materials. The Company, us, we, our, ours and other first-person pronouns will refer to the Company, as well as, if applicable, all employees and affiliates of The Company.
- Student: The individual named as the attendee of the Course on the course application form. You, as the participant as a learner in the Course and visitor of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as “Student” or “Participant”.
- Client: The person or Company responsible for payment should this differ from the Student. This may be, but not limited to, the captain, vessel or management company.
- Certification: Documentation awarded to all Students by The Company who pass the assessment or who qualify for a certificate of completion.
- Course Module: Information which is grouped into a coherent unit for the purposes of assessing a Student's knowledge on a topic which may change from time to time.
- Course: The Course or courses to be provided to the Student as outlined in the Course Application Form.
- Invoice: Statement detailing the fees charged by the Company for the supply and delivery of training to the Student and/or Client.
- Materials: means the information, materials and content provided on the Website(s), in connection with any Course or the provision of any Services. Such information may include, but is not limited to content, documentation, data, or information developed by the Company and other materials which may assist in the Student’s participation in the Course. This may include (but is not limited to) web pages, videos, handouts, downloads (electronic or in print), webinars, group calls, or any other supporting documents that form part of the Course.
- Parties: Collectively, the parties to this Agreement (the Company and Student, and as applicable, the Client (where Client differs from Student) will be referred to as .
- Student Account: When you enrol in one of our Courses, you may need to create a Student Account on one of our websites in order to access the Materials and The Services. By doing so, you will need to provide certain personal data including, but not limited to, your name, email address, your position, your phone number or other necessary information for your participation in the Course (s).
- Trainer: An individual or individuals provided by the Company to deliver the Course. The Trainer shall be suitably qualified in the Course (or part thereof) that they deliver.
- Video Call: Online video conferencing using software used to deliver one-on-one and group training. Examples of such software include but are not limited to Zoom and Skype.
- Visitor: The person who visits and browses the Website(s).
- Website(s): The online platform(s) where information is provided about courses, and/or the online platform(s) where the virtual learning classroom, courses and training (The "Services") are delivered.
- BOOKING PROCEDURE;
PAYMENT & FEES:
- The Student (and Client if applicable) shall fill in a Course Application Form as provided by the Company to benefit from training services and enrol in a Course or Courses. Such initialled, signed and scanned enrolment form shall be sent by email to [email protected]
- A copy of the Student’s passport(s) is/are required to complete the application and enrolment in The Course.
- A copy of The Student's most current Curriculum Vitae is required upon application, including references, and a copy of all pages of The Student’s Seamans Discharge Book which you warrant to be accurate, complete and free of material misstatements or omissions. You are hereby notified that the references you have provided may be checked.
- Course bookings shall be deemed confirmed upon receipt of the payment in full from the Student or Client and confirmed by return email from the Company. The Cancellation Policy (Section 6) & Payment Terms (Section 4), as described below, shall become applicable with immediate effect after such confirmation.
- You understand and accept that the booking is limited to the Course only and any reference to a specific Trainer, by either Party, in no way guarantees the provision of such Trainer for the duration of the Course. The Company reserves the right to engage and change any Trainer without requiring consent from the Student or Client.
- The Course Fees shall be those agreed to between the parties and in accordance with the signed Course Application Form and Invoice.
ASSIGNMENTS AND PRIVATE TUTORING; ADDITIONAL FEES
- The total Fees for the Course are displayed on the Invoice [(and are payable in euros)]. Any currency conversion costs, or other charges incurred in making payment shall be borne by you and are not deductible from the amounts due to the Company. All prices are subject to VAT if applicable, and at the appropriate rate ruling.
- If you are a Student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added [at checkout if purchased online].
- Written quotations remain valid for 30 days. Unless subject to a payment plan, full payment, including VAT if applicable, is to be made by the Client to the Company 30 days prior to the course start date, or upon booking if the booking is made less than 30 days prior to the Course start date. In particular, any early-bird promotional discounts are subject to payment in full upon booking.
- If you can only pay in a currency other than euros, we will generate an invoice based on the current exchange rate and the invoice will be valid for net ten days.
- Payment plans are available for the payment of the Course Fees. Any additional fees associated with multiple payments are to be borne by the Student and/or Client. Such payment plans are structured as follows:
- Two instalment option: The first non-refundable instalment of 50% is due at signing of this Agreement to secure your place in the Course. The balance is due the day before the Course Start Date.
- Three instalment option: The first non-refundable instalment of 50% is due at signing of this Agreement to secure your place in the Course. The second instalment of 25% is due 30 days before the Course Start Date. The balance is due the day before the Course Start Date.
- If payment is not complete by the specified Course Start Date, you will forfeit your place in the Course, and any deposit paid.
- Access to the Course shall only commence once full payment has been received.
- You agree to pay the fees for Courses that you purchase, and you authorise us to charge your debit or credit card or process other means of payment for those fees. The Student and the Client are jointly and severally liable for all fees and outstanding payments. When you make a purchase, you agree not to use an invalid or unauthorised payment method. If your payment method fails and you still get access to the Course you are enrolling in, you agree to pay us the corresponding fees within fourteen (14) days of notification from us. We reserve the right to disable access to any Course for which we have not received full
- The Course fees cover the training, the training materials. ALL other costs are for the Student’s own account, including, but not limited to, internet usage, computer hardware and software, food, accommodation etc. while enrolled in the Course.
- The Company reserves the right to take legal proceedings in order to recover any outstanding fees from the Student or Client. An administrative charge of 100 EUR will be levied and added to the invoice in such circumstances. Interest will accrue at a rate of 10% per annum for all outstanding and overdue sums. The Student or Client shall be responsible for all interest, legal and court fees in the event of non or partial payment. The Company reserves the right to recover any reasonable debt collection costs in connection with this Agreement.
- The price of the Course may differ if you are eligible for a promotion. We may run promotions and sales for our Courses, and certain Courses are only available at discounted prices for a set period of time. The price applicable to a Course will be the price at the time you complete your purchase of the Course. Any price offered for a particular Course may also be different when you are logged into your Student Account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new Students.
TERMINATION, CANCELLATION, POSTPONEMENT AND RESCHEDULING:
- Students are encouraged to ask questions during Group Calls and Study Sessions.
- You will receive a 30-minute 1:1 call per Course Module with the Trainer to ensure content is comprehended, and you understand how to complete each assignment correctly. Additional time over and above the allocated 30 minutes per Module will be charged at at 80 GBP per hour and can be taken in 30-minute intervals pro-rata. This is to ensure you make the best use of your 1:1 time.
- 5.3. The cost of courses includes one marking of each assignment per Course Module. Should the Student require a re-mark of an assignment due to unsatisfactory performance, a fee of 40 GBP will be charged per re-mark.
- In the event that the Student needs more time to complete the Course past the Course Completion Date, a fee of 80 GBP per outstanding assignment will be charged. If there are extenuating circumstances, this fee will be waived on a case-by-case basis. This is to encourage you to finish the Course (s) timeously.
- You will have 365 days of Access to the Course using your Student Account to log into the Course Website. If additional time is needed after that, it will be subject to a fee of 80 GBP per month.
- The Company reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
- You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
- Terminating this Agreement does not entitle you to a refund on any monies spent with us.
- We reserve the right to charge a cancellation fee for any Course that has been confirmed. Any cancellation requests should be made to [email protected]
- The cancellation request will be deemed as confirmed upon return of the Client or Student's email. We shall endeavour to return confirmation within 48 hours of receipt. The cancellation fees are as follows:
- All payments received are non-refundable.
- If cancellation takes place less than 30 days before the Course Start Date, all fees will be forfeited.
- If cancellation occurs 30 days or more prior to the Course Start Date, the Student may be enrolled in another suitable Course taking place within the next 12 months from the cancellation date.
- If cancellation takes place within 24 hours of the Course commencement, 100% of the fee is payable, and no transferable credit will be provided.
- Courses rescheduled by you where the start date is 6-months outside of the original Course commencement date will be subject to any changes in fees, if any.
- Should it become necessary for the Company to postpone all or any part of a private or public course, due to circumstances beyond their control, then mutually agreeable date[s] will be chosen on which to complete the Course. The Company will not be liable for any costs incurred by the Client and/or Student for such actions. If no such mutually agreeable date can be made between parties, a full refund of monies will be paid to the Client and/or Student.
- The Company reserves the right to reschedule any Video Call (group or 1:1) without notice should this become necessary due to unforeseen circumstances. Calls will be rescheduled at a suitable time.
- Each Course requires a minimum number of three (3) Students to enrol in order for a Course to go ahead. Should this minimum number not be met, we reserve the right to reschedule the Course within six months of the original Course Start Date. We will refund you in full after six months should we not reschedule within the six-month period.
- ELIGIBILITY; SUITABILITY; TECHNOLOGY REQUIREMENTS
COURSE TERMS; CERTIFICATION
- You agree to provide accurate and complete registration information. You warrant that you have the necessary experience to meet the minimum course requirements and otherwise meet the eligibility requirements in this Section.
- In order to use our Website(s) or undertake and participate in any Course or access any of the Services, you must be at least 18 (eighteen) years of age (or the age of majority in your jurisdiction, whichever is greater) and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and to abide by and comply with this Agreement. We assume no responsibility or liability for any misrepresentation of the Student’s age. Use of or access to the Website(s), the Course (s), the Services or any of the online content by anyone under the age of 13 is strictly prohibited.
- You are responsible for ensuring that the Course is suitable for your requirements.
- All individuals with authority to make an agreement with us to supply and deliver a Course should have read and understood the course outline and met the necessary pre-requisites. A qualification process will be undertaken via telephone by the Company upon receipt of the application to ensure that pre-requisites are satisfied. Notwithstanding any such qualification process, the provision of your Curriculum Vitae or that we may check references provided, the Company does not undertake under any circumstances to verify your eligibility or suitability to participate in the Course and assumes no responsibility for a subsequent determination of ineligibility or suitability. We reserve the right, in our sole discretion, to ask a Student to leave the Course if the student does not meet the claimed Course pre-requisites.
- The student is required to have a version of MS Office that was released no less than five years prior to the course date. This is so that assignments can be completed.
- It is the Student’s responsibility to ensure that you have the proper hardware and software requirements, along with access to WIFI, to be able to participate in the Course. You will need to ensure you have the proper technology at the time of registration and for the full duration of the Course. We are not responsible for any errors or failures in relation to your ability to access the Course online, the Website, the Services or any related Materials, including where such failures are caused by
- a loss of connection on our or your end,
- a breakdown or problem with the online software, and/or
- a breakdown or problem with your internet connection, computer or system.
- The student will need sufficient fluency in the language in which the Course is presented and may be required to provide evidence of this.
- After purchasing the Course, you may not begin The Course until the specified Course Start Date, unless permission is granted by us otherwise. You must complete the Course by the specified Course End Date. Whether or not the Course has been completed by the specified Course End Date, access to the Course will expire 365 days after the first login. We are not responsible if you fail to meet the Course certification requirements, and you should ensure that you allocate sufficient time to allow yourself to successfully complete the Course.
- Course listings are provided for information purposes only and do not constitute an offer for a particular course or programme. The Course description does not form part of the Contract between the Parties. The Company constantly strives to improve the content of its courses and in line with accrediting body criteria and evolving best practice, therefore reserves the right to modify the specification of a course without notice to the Student or Client. A course title, duration, cost, content and location are liable to change at any time. Purchase of a current Course does not entitle you to have access to a future revised Course as part of the original purchase.
- At the successful completion of the Course, you will receive a certificate evidencing your participation in, and completion of, the Course from us. Certificates are awarded at the discretion of the Company and only to those Students that successfully complete the training. Any additional accreditation by an accrediting body (such as, but not limited to, IAMI) is subject to such accrediting body’s examination and accreditation requirements and is for payment by the student. The student will be notified of such costs in advance of any requested/required additional accreditation if possible.
- The Company does not offer any promises or guarantees with regard to the Course or Course Materials. The Student hereby acknowledges and agrees:
- The Student is solely and exclusively responsible for the choices that they make with regard to the Course, the Materials contained within it, or any significant changes to their business or life;
- The Student is solely and exclusively responsible for their own mental health, physical health, business decisions, and any other actions or inaction they choose to take;
- The Company is not liable for any result or non-result or any consequences which may come about due to the Student’s participation in the Course;
- The Course does not constitute a therapeutic relationship or a medical one.
- The Course and the Content contained on the Website has been prepared by the Company as a service and is not intended to constitute legal, immigration, accounting, tax, financial advice from a professional attorney, accountant, certified financial planner, or tax preparer. We have used reasonable efforts in collecting, preparing and providing quality information and material, but do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Courses, Website or Services. Users of information from the Course, Website, Services, or links do so at their own risk.
- INTELLECTUAL PROPERTY:
- You agree that all right, title and interest in and to all aspects of the Materials, the Course (s), the Website(s), the Services, any and all other content provided by the Company, our existing or future applications, APIs, databases, including, but not limited to, content, text, illustrations, photographs, articles, visual interfaces, interactive features, information, compilation, computer code, products, services, design, the technology, source code, all content, software, scripts, images, graphics, icons, videos, audio, and all other elements of the Website, the Course and the Services, and the Company, including all copyrights, trademarks, logos, trade secrets, patents, and other intellectual property (“Content”) are protected by copyrights and/or other proprietary rights owned, controlled or licensed by the Company (“Company IP”) or the Party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Website.
- You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP or the Content for any unlawful or infringing purpose. You agree to abide by all applicable laws regarding copyrights, trademarks, publicity rights and privacy rights in the US, UK, South Africa, the EU and any other jurisdiction from which you are accessing the Website.
- Except as expressly authorised by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, republish, frame, reframe, download, upload, edit, adapt, create derivative works from, hyperlink, otherwise distribute or exploit, or otherwise unauthorised use of the Website or the Company IP in any way, including electronically, via print or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs); provided, however, you may download where specifically permitted, one copy of permitted parts of the Content on any single personal computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
- Copying or storing of any Content for other than personal use as described in this Agreement is expressly prohibited without prior permission from us, or the copyright holder identified in the copyright notice contained in the Content. We reserve all rights not expressly granted in this Agreement. You shall not acquire any right, title, or interest to the Content, except for the rights set forth in this Agreement, if any.
- We make no representations or warranties as to the accuracy or completeness of any Content. The Materials and other Company IP may not be used for any other purpose other than to complete the Course.
- You shall not during the period of this Agreement, or at any time after its termination, divulge any confidential information to any person authorised by us to receive it and shall utilise any secret or confidential knowledge or confidential information acquired in connection with this Agreement to the detriment or prejudice of the Company or use the same for any purposes save for the purposes of this Agreement.
- Modification of the Content or use of the Content for any other purpose is a violation of our copyright and other proprietary rights. For purposes of this Agreement, the use of any Content on any other website or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to us. Use of any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the Content is strictly forbidden. You may not sell or offer for sale any of the Content, or allow third parties to access it, or use such content to construct any kind of database.
- We grant you permission to use the Website(s), undertake the Course and receive the Services as set forth in this Agreement, provided that and for so long as (i) you use the Website, participate in the Course and receive the Services solely for your personal use; (ii) except as expressly permitted or indicated in this Agreement, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the Company IP using any medium without the Company’s prior written authorisation; (iii) you do not alter or modify any part of the Materials other than as may be reasonably necessary to use the Website for its intended purposes; (iv) you do not engage in any of the prohibited uses described herein; and (v) you otherwise fully comply with this Agreement.
- Any violation of these terms may result in your expulsion from the Course, and you may be subjected to legal action, fines and penalties. We reserve the right to monitor IP addresses that are used to access the Content and, if a student is found to be in contravention of the access rules or this Agreement, we may terminate a student’s access to the Course, Website and Services. In such circumstances, no refund will be given. Reasonable proof of a breach of our IP will also result in any revocation of any certification by The Company if already awarded. Any accrediting body shall be made aware of this revocation and breach.
- We record all Group Training calls and reserve the right to use the recordings for training and/or marketing purposes, respecting the individual Personal Data of the Student and Client. By participating in these calls, you consent to these recordings and their publication online.
- 1:1 Calls: All 1:1 calls are recorded to show your participation in the Course and that you have been afforded the necessary training required for certification and will form a part of your student record. No 1:1 calls will be made available publicly, except for any testimonial that you wish to provide regarding the Course. You may withdraw consent for this to be used at any time by emailing us on [email protected]
- YOUR OBLIGATIONS:
- As a participant in the Course, you will be asked to register with us on an online learning management system Website. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Course and is your "Student Account".
- As a participant in the Course, you will be asked to undertake and complete the following obligations:
- Conduct yourself in a professional manner;
- Complete all assignments satisfactorily;
- Complete all assessments satisfactorily; and
- Complete all oral examinations satisfactorily.
- ADVERTISING AND TESTIMONIALS
MODIFICATION & VARIATION:
- All alumni will be invited to join the relevant private groups on Facebook, which will include on and offline communications relating to additional training and forthcoming events, webinars and group calls.
- We reserve the right to use recorded videos and images taken during Training (in person or via Video Call).
SUBCONTRACTING; PARTNER INSTITUTIONS; COURSE PROVIDERS
- The Company reserves the right to assign or sub-contract its training courses to other appointed and approved personnel.
- We may make certain Online Content and Courses available to Students by other educational institutions, corporates, sponsors, non-profit organisations and individuals (together “Course Providers”).
- Your access to such Online Content and Courses may be provided to you through your Student Account. You acknowledge and agree that any Online Content and Courses affiliated with a Course Provider may be subject to terms, policies and procedures of the applicable Course Provider in addition to these Terms. If you are a student registered or enrolled at, or are otherwise participating in, a Partner Institution and are taking Online Content and Courses for credit, certification or other formal recognition of learning (as applicable) (“Accreditation”) through that Partner Institution, you acknowledge and agree that:
- the Partner Institution may have its own terms, policies or procedures regarding your eligibility to participate in the Online Content and Courses, your participation in the Online Content and Courses, the requirements or pre-requisites for receiving Accreditation for the Online Content and Courses, and your educational or student records as they may relate to your participation and performance in the Online Content and Courses; and
- your educational or Student records are maintained by the Partner Institution (and not by us), including for purposes of completing the courses you are registered for at such Partner Institutions, assigning Accreditation.
- We and the Course Administrator reserve the right to cancel, interrupt or reschedule any Online Content and Courses or modify, revise, or alter its content, as well as the associated values, assignments, tests, quizzes, exams, projects and other evaluations of progress without cause or notice to you.
- For some Online Content and Courses, subject to your satisfactory performance as determined in the sole discretion of the Course Administrator and/or the Partner Institution, you may be eligible to purchase (or be awarded, as the case may be) products recording your participation in the relevant Online Content and Courses, including (but not limited to) a statement, certificate, acknowledgement or similar issued by us and/or the Course Provider (a “Product”). You acknowledge that, unless expressly stated at the time of purchase, any Product will not be affiliated with any university or other certifying institution, and will not stand in the place of a course taken at a Partner Institution or convey academic credit or certification for any Partner Institution and you acknowledge that the Course Administrator will not be obligated to make any attempts to get the Course recognised by any Partner Institution or other educational establishment.
- If you are a Student taking any Online Content and Courses for Accreditation at a Partner Institution, any Accreditation may only be awarded directly by that Partner Institution based on its own policies and procedures, and you may be required by that Partner Institution to be registered or enrolled with that Partner Institution in order to receive Accreditation. In any event, we will not have any authority or responsibility with respect to any award of Accreditation for any Online Content and Courses.
NO LIABILITY; LIMITATION OF LIABILITY; INDEMNIFICATION:
- You agree that your participation in the Course and your use of the Website(s) is/are at your sole and exclusive risk and that any Services provided by us are on an “As Is” and “As Available” We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
- We (and our affiliates, suppliers, partners, and agents) make no warranties that the Course or Website(s) will meet your needs or that the Course or Website(s) will be uninterrupted, error-free, or secure.
- We (and our affiliates, suppliers, partners, and agents) make no warranties as to the reliability, accuracy, suitability, availability, timeliness, security, or lack of errors of any information in the Course or Services or on the Website(s). All information provided in any format is without prejudice.
- You agree that any damage that may occur to you, through your computer system, or as a result of the loss of your data from your participation in the Course or your use of the Website(s) or Materials is your sole responsibility and that we are not liable for any such damage or loss.
- We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will The Company or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
- We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
- We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Course, Website or Services. Your use of the Course, Website(s), Materials and Services (including any content) is entirely at your own risk.
- The Course and Website(s) are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website(s) is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Course is at your own risk. We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, on the Website(s).
- We are solely liable for our own wilful acts or omissions, and it shall in no way be liable for acts of course providers, students or any other third party, even if such acts or omissions are negligent, fraudulent or dishonest. The Student and/or Client shall have no right to claim damages or institute proceedings against us for any negligent wilful, and/or unlawful act or omission by course providers, Students and/or third parties including but not limited to damage caused by persons introduced by the Company to the Client, Students and/or third parties during training/courses.
- We accept no liability whatsoever for any loss of contracts, profits, anticipated savings, revenue, goodwill, business, loss or corruption of data or software programs, financing expenses, interruption in the use or availability of data, stoppage to other work or consequential losses, damage, misrepresentation, claims or expenses of whatever nature arising directly or indirectly, from any act or omission of the Company or of any course provider.
- In no event shall we be liable for any damages or liability whatsoever, including indirect, special or consequential damages, nor for any claim against us by any person or entity, public or private, arising from or in any way related to this Agreement.
- We and our affiliates are not liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death) that may occur to you whether arising in Contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance as a result of your participation in the Course or your use of the Website(s), to the fullest extent permitted by law, as noted above. In the event that an arbitrator, notwithstanding the immediately preceding clauses, finds against the Company and awards damages against it, the maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred (100) Euros or the amount you paid to us in the last six (6) months before the event giving rise to your claims. This Section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
- You agree to defend and indemnify the Company and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, and all costs, expenses, losses or damages, death or injury to persons related to the Company, whether direct or consequential, including reasonable attorney’s fees and, which may arise from or relate to your participation in the Course, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions and Agreement including all administration costs and all claims, costs, expenses, losses or damages arising from the negligence or acts or omissions of the student You agree that we shall be able to select our own legal counsel and may participate in our own defence, if we wish.
- Nothing in this Agreement shall operate to limit or exclude any liability of the Company, which may not be excluded or limited by law.
- ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral. You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise or statement made or given by us or on our behalf, which is not set out in this Agreement.
- FAIR & REASONABLE ACTION: Should a situation arise that is not covered by this Agreement, the Company reserves the right to take any reasonable and fair action that we think appropriate.
- LANGUAGE: All communications made, or notices given pursuant to this Agreement shall be in the English language.
- JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Course and your use of the Website and Services, you agree that the laws of The United Kingdom shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the courts of the following country: The United Kingdom. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
- ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to final and binding arbitration. The arbitration shall be conducted in the following county: The United Kingdom. The arbitration shall be conducted in English by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitration shall be final and binding on all parties involved. The arbitrator shall be bound by the laws of The United Kingdom. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this Section include, but are not limited to, contract claims, tort claims, claims based on any applicable law, and claims based on local laws, ordinances, statutes or regulations. Judgement upon the award may be entered by, and enforcement of the award may be sought in any court having jurisdiction over the relevant Party or its assets. Despite these provisions, we may bring proceedings against you in any court having jurisdiction over the matter, in the event that: (i) you fail to make payment to us in full cleared funds when due, (ii) you or assets belonging to you are located in a jurisdiction that makes it necessary to litigate and (iii) the dispute relates to intellectual property claims by us. If we bring court proceedings against you, the dispute shall be resolved in such proceedings. THE PARTIES, IN AGREEMENT WITH THIS SUB-PART OF THIS AGREEMENT, WAIVE ANY RIGHTS THEY MAY HAVE TO A JURY TRIAL IN REGARD TO ARBITRAL CLAIMS.
- ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
- SEVERABILITY: Each provision in this Section shall be construed separately as between you and the Company. If any part or sub-part of this Agreement is held invalid, ineffective or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible and the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent. In such condition, the remainder of this Agreement shall continue in full force.
- NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organisation, only. Headings shall not affect the meaning of any provisions of this Agreement.
- NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties. The Company and/or any Course providers shall be deemed as independent contractors in the performance of the services provided in accordance with this Agreement.
- FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. The Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from, hindered in or delayed in the provision of services through any circumstances beyond its reasonable control including but not limited to strikes, lock outs, accidents, war, fire, acts of God, reduction in or unavailability of power or machinery or shortage or unavailability of materials from normal sources of supply.
- INSURANCE: The Company will maintain levels of insurance in accordance with the regulatory and industry requirements. Any such insurance is solely for the benefit of the Company.
- ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including email or phone. For any questions or concerns, please email us at the following address: [email protected]
Amplify Yachting Ltd trading as The Yacht Purser and Yacht Crew Courses
Company number: 13018328 England and Wales
20-22 Wenlock Road
London N1 7GU
+2772 199 4636