The following terms and conditions (the “Terms”) apply to our provision and your use of the information, services and materials (“Online Content and Courses”) through the Yacht Crew Courses website (the “Website”) including you visiting and browsing the Website (being a “Visitor”) and registering with Yacht Crew Courses, Amplify Yachting Ltd and/or Luxury Yacht Services (Pty) Ltd as a student (a “Student”).
These Terms should be read alongside, and are in addition to our policies, including our privacy and cookies policies (the “Policies”) as well as our Course Terms and Conditions ("Course Terms and Conditions").
Please read these Terms carefully. These Terms are not negotiable. If you do not agree to them, you must stop using the Website and the Online Content and Courses immediately.
2.1. The Company: Amplify Yachting Ltd trading as The Yacht Purser and Yacht Crew Courses and Luxury Yacht Services (Pty) Ltd, a company registered in England and Wales – 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.
2.2. Student: The individual named as the attendee of the Course. 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”.
2.3. Yacht Crew Courses offers Online Content and Courses from companies, private individuals and other educational institutions from across the world (“Partner Institutions”).
2.4. If you have any questions about these Terms or wish to contact us for any reason please send us an email to [email protected] with the subject Terms and Conditions
3.1. Any Visitor can view the Website, but in order to participate fully in all activities on the Website and take part in the Online Content and Courses, you must register for a personal account on the Website (a “Student Account”)
3.2. In order to register your Student Account, you 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. As you will be responsible for all activities that occur under your password, you should keep your password confidential.
3.3. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorised disclosure or use of your account ID or password), you shall immediately notify us. You may be liable for the losses incurred by the Company or others due to any unauthorized use of your account.
3.4. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.
3.6. OBLIGATIONS: As a participant in the Course, you will be asked to undertake and complete the following obligations:
4.1. Through your participation in the Course and the use of the Website and the Online Content, you may be permitted to post materials to the Course pages and other parts of the Website (“User Contributions”).
4.2. User Contributions are not controlled by us. We make no representations that we will publish or use your User Contributions in any way and may or may not use your User Contributions at our sole discretion. You understand that whether or not such User Contributions are published, we do not guarantee any confidentiality or protection of proprietary rights with respect to any User Contributions.
4.3. By submitting User Contributions, you hereby grants us a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Contributions in connection with the Website and our (and our successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant us and our affiliates and sublicensees the right to use the name that you submit in connection with such User Contributions if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Contributions. You also hereby grant to each user of the Website a non-exclusive license to access your User Contributions through the Website, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Contributions but only to the extent permitted by the functionality of the Website and this Agreement. We claim no further proprietary rights in your User Contributions.
4.4. You understand that when using the Website you will be exposed to User Contributions and other third party content or information (collectively, the “Non-Company Content”) from a variety of sources, and that you may be exposed to Non-Company Content that is inaccurate, offensive, indecent, or otherwise objectionable. The Company does not endorse any Non-Company Content, or any opinion, recommendation, or advice expressed therein. Under no circumstances will the Company be liable in any way for or in connection with the Non-Company Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-Company Content, any intellectual property infringement with regard to any Non-Company Content, or for any loss or damage of any kind incurred as a result of the use of any Non-Company Content posted, emailed or otherwise displayed, communicated, transmitted through or in connection with the Website, including any information provided by any participant in the Course(s).
4.5. You also agree to comply with the “Acceptable Use” provision of this Agreement for all User Contributions that you post, including and especially to not violate the intellectual property rights of any third party through your User Contributions. The Acceptable Use Conditions are as follows:
4.6. You understand that you, and not the Company, are entirely responsible for all User Contributions that you upload, post, email, transmit or otherwise make available through the Website. The Company does not control the Non-Company Content posted by users or otherwise made available by other persons and does not have any obligation to monitor such Non-Company Content for any purpose. If at any time, the Company chooses, in its sole discretion, to monitor the Non-Company Content, the Company nonetheless assumes no responsibility for the Non-Company Content, no obligation to modify or remove any inappropriate Non-Company Content, and no responsibility for the conduct of the user submitting any such Non-Company Content. You agree that you must evaluate, and bear all risks associated with the use of any User Contributions or other Non-Company Content, including any reliance on the accuracy, completeness, usefulness, or legality of such User Contribution or other Non-Company Content.
4.7. You are solely responsible for your involvement with other users of the Website. We reserve the right, but have no obligation, to monitor disagreements between you and other users. WE DISCLAIM ALL LIABILITY RELATED TO ANY USER DISAGREEMENT.
4.8. The Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Non-Company Content that is available on the Website in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
4.9. You shall be solely responsible for your own User Contributions and the consequences of posting or publishing them. In connection with User Contributions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorise the Company to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Contributions to enable inclusion and use of User Contributions in the manner contemplated by the Company and this Agreement, and to grant the rights and license set forth in this Section, and (ii) your User Contributions, our use of such User Contributions pursuant to this Agreement, and our exercise of the license rights set forth in this Section, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.]
4.10. If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know. In accordance with the Digital Millennium Copyright Act, if you are a copyright owner or an agent thereof, and believe that any User Contribution or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing:
5.1. You agree not to use the Course or the Website for any unlawful purpose, including, without limitation, any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Company.
5.2. You further agree not to use the Course or the Website:
5.3. You are strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails. You agree not to undertake any of the following actions:
6.3. Notwithstanding anything to the contrary contained herein, we reserve the right in our sole discretion to change, modify, amend, add or remove portions of the Terms at any time without notice to you and all such changes shall be effective immediately. In the event of a material change, we will endeavour to provide at least 30 days’ notice via email or by posting on the Website and the YCC Website, as applicable, prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion and a failure to notify you shall in no way affect the immediate effectiveness of the new terms. Please check these Terms periodically for changes. Your continued use of the Website or YCC Website after the posting of changes constitutes your binding acceptance of such changes. If you do not agree to the new Terms, you are no longer authorized to use the Website.
7.1. We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course, Website and/or Services may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
8.1. Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited right and licence: to access, internally use and display the Website and Online Content and Courses as an individual only at your location solely as necessary to browse and/or participate in the Online Content and Courses as permitted by these Terms; and to download permitted content from the Online Content and Courses so that you may exercise the rights granted to you by these Terms.
8.2. You must abide by all copyright notices or restrictions contained on the Website or the Online Content and Courses. You may not delete any attributions, legal or proprietary notices on the Website or the Online Content and Courses.
8.3. Certain Partner Institutions may, at their own discretion, make available certain Online Content and Courses under a Creative Commons licence (non-commercial). Should Partner Institutions choose to do this, it will be clearly identified on the appropriate Online Content and Courses page of the Website and we acknowledge that the Creative Commons licence will override certain of these Terms as appropriate. A full copy of the relevant Creative Commons licence will be available from a link at that point.
9.1. The Website may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
9.2. We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
10.1. We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Website and Online Content and Courses including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Content and Courses IPR”). The Online Content and Courses IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Courses IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it in accordance with the terms of the licence in paragraph 5 above. Unless otherwise stated, copyright in the Online Content and Courses belongs to the relevant Partner Institution providing the Online Content and Courses.
10.2. Other than any content submitted to the Website by you, we own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website (“YCC IPR”).
10.3. If any Online Content and Courses IPR or YCC IPR vests in you, whether by operation of law or otherwise, you duly assign to us all right, title and interest (whether legal or beneficial) in such Online Content and Courses IPR or YCC IPR, as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Online Content and Courses IPR or YCC IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Online Content and Courses or the Website.
10.4. You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require in order to assign any Online Content and Courses IPR and/or YCR IPR to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.
11.1. You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
11.2. Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
11.3. This paragraph 11 survives the expiry of these Terms.
12.1. Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.
12.2. The Website and the Online Content and Courses are provided to you “as is” and we make no warranty or representation to you with respect to them.
12.3. We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website or Services is entirely at your own risk.
12.4. We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms. This includes (without limitation):
12.5. We provide the Online Content and Courses on the Website in good faith but give no warranty or representation that the Online Content and Courses are accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of Online Content and Courses on the Website and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.
12.6. Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
12.7. We accept no responsibility for any loss or damage incurred by you as a result of:
12.8. We reserve the right to suspend your use of the Website and/or access to the Online Content and Courses at any time for operational, regulatory, legal or other reasons.
12.9. We may terminate your Student Account or access/use of the Website with immediate effect:
13.1. These Terms, your use and access to the Website, and all other policies issued by us whether referred to by us herein or not are governed by and construed in all respects in accordance with the laws of South Africa.
13.2. Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of the Website, including as to the validity of these Terms or policy issued by us, will be subject to the exclusive jurisdiction of the courts of South Africa. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing, we both agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any such dispute.
13.3. Notwithstanding paragraph 13.2, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.
14.1. We may update or amend these Terms (as well as our Policies or and other guidance we issue) from time to time to comply with law or to meet our changing business requirements. When we update our Terms or Policies, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the Website.
14.2. For any operational, regulatory, legal or other reason, we reserve the right to modify, suspend or discontinue all of the Online Content and Courses with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
15.1. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.
15.2. Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 (which is expressly excluded) or otherwise.
15.3. We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent.
15.4. These Terms, the Policies and the Code of Conduct set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.