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Terms of Use

1. Definitions

  1. ‘An authorised user’ means any person who is provided access to the Services offered by FaGMT, for the purpose specified herein.
  2. ‘Account’ means an online account created on our online Learning Management System.
  3. ‘Agreement’ means the agreement for FaGMT to provide services to the Client as set out in their Website or Client specific quotation(s).
  4. ‘Certificate’ means document issued by The Company confirming the training course has been completed to the required standard.
  5. ‘Client’ means the party to whom or which FaGMT has agreed to provide the Services.
  6. ‘Conditions’ means these terms and conditions.
  7. ‘Course Fees’ means the fees payable by you to us for any Training Course but excludes any delivery charges payable in relation to the delivery of Course Materials, if applicable, and any import duties, taxes and customs clearances which may be payable.
  8. ‘Course Materials’ means the supporting materials and documentation supplied with the Courses (where applicable).
  9. ‘Course’ means the training courses supplied by us, together with relevant Course Materials (where applicable).
  10. ‘Online Course’ means a Course which is delivered online and includes access to the online Learning Management System (LMS).
  11. ‘Learning Management System’ (LMS) means is a hosted internet accessible software application for the administration, documentation, tracking, reporting, automation and delivery of educational courses, training programs, or learning and development programs.
  12. ‘Quotation’ means the quotation issued by The Company to the Client or in the absence of a written quotation the written correspondence between The Company and the Client in respect of the Services.
  13. ‘Services’ means such of the following: academic and vocational training, consultancy, and/or research services as The Company has agreed to supply to the Client.
  14. ‘Online Services’ means hosted internet accessible learning management solution service, under our name, made available to you on a subscription term basis or one-time purchase.
  15. ‘Website’ means www.fagmt.co.uk and / or www.trainingforinstructors.co.uk.
  16. ‘You’ or ‘your’ means the Client ordering training courses or services from us.
  17. We’, ‘us’, ‘our’, ‘Company’ means Fathom Global Maritime Training (FaGMT), a company operating in England and Wales.

2. Payment, Cancellation, Access

  1. These Terms of Use are applicable to all FaGMT services. By using the FaGMT website, it’s Learning Management System (LMS) for accessing FaGMT training content, you are agreeing to be bound by the following terms and conditions (‘Terms of Use’).
  2. The Terms of Use, together with the order form, accessed via our website or otherwise, constitute the agreement between FaGMT, and ‘You’ (the ‘Client’) ordering the ‘Services’.
  3. FaGMT reserves the right to update and change the Terms of Use from time to time without prior notice. Continued use of the service after any such changes shall constitute your consent to such changes.
  4. Your accessing of this website and use of the services signifies that you agree to the Terms of Use and you consent to the all terms and conditions (‘terms of use’) disclosed herein. You and FaGMT intend that this is a binding legal agreement. If you do not agree with any or all of these terms, do not use the services. Violation of these terms of service will result in the termination of your access to the services.
  5. The price of the Course is the price displayed on our Website at the time of your booking and is currently not subject to VAT.
  6. A valid credit or debit card can be used to make payment. Payment is made via a third party and we do not hold any payment details on our systems.
  7. In order to purchase an Online Course, you must provide the required information and pay the amount specified.
  8. A legally binding agreement shall only come into existence once FaGMT has received your payment in clear funds.
  9. After making the payment, You must provide complete and accurate information on our LMS. Once FaGMT has received the from you (or on your behalf) the entire Course Fee in cleared funds, you will be enrolled on to the chosen course and granted access within the LMS.
  10. Information provided to us via LMS will be used to generate any course completion certificates. It is therefore your duty to ensure this information is correct and up-to-date. Failure to provide such information requiring alteration in the issued course completion certificate will incur a fee of GBP £30 for issuing a revised certificate. A charge of GBP £30 will apply for the issue of any duplicate certificates and all requests shall me made in writing. Payment must be received in full before any duplicate certificate will be issued.
  11. We reserve the right, in our sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to purchase one or more Online Courses. In such circumstances, no contract will arise, and we will return any payment accompanying your purchase offer.
  12. You may cancel your purchase of an Online Course within a period of 7 working days the day payment is made by you as notified by the order confirmation email from FaGMT’s payment processing partners, subject to Consumer Protection (Distance Selling) Regulations 2000 (‘Distance Selling Regulations’) provided you have not setup access to the online Learning Management System (LMS). Once, you have setup access to the LMS, you will not be entitled to any refund. Your statutory rights in the event of receiving faulty goods are not affected.
  13. Any request for cancellations should be made in writing.
  14. The online course must be completed within a given period of time after which the access to LMS will be suspended. This will constitute a ‘failure’ to complete the course. In such a case, the access can be reinstated within 90 days of the original completion date, for a payment of 50% of the course fee and access extended by another agreed period. After a period of 180 days from the time an online course was commenced, no extension will be granted. If required by you, you will need to re-enrol on the course for a payment of full fee.
  15. Although we use reasonable endeavours to ensure that the LMS and associated website(s) are available 24 hours a day 7 days a week, we cannot promise that this access will be uninterrupted or error free. There may be occasions when access to the LMS is interrupted or data is lost for reasons beyond our control. You accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.
  16. We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of our website(s), including the LMS or content and/or facilities provided via our websites:
    a. any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue
    b. any loss or corruption of data; or
    c. any indirect or consequential loss.
  17. Any right to access the training course materials is personal to you. These rights are not transferrable for access the training course materials to another person unless we have consented in writing to you. You may not re-sell access to the materials or otherwise distribute usernames and passwords to anyone except as permitted under these Terms or as permitted in writing by us.
  18. We may appoint independent sub-contractors to assist in providing Online Courses or use third parties to arrange or supply certain aspects of, or services in connection with, our Online Courses. You agree that our obligation to you is to use reasonable care in selecting competent, independent sub-contractors and third party suppliers to provide reasonable services related to the Online Courses. You agree that FaGMT is not responsible for the actions or omissions of such sub-contractors or third-party suppliers.
  19. FAGMT makes no warranty concerning the services provided. Accordingly, service and all other data, materials, and documentation provided in connection with this agreement by FaGMT and its suppliers are provided ‘as is’ and ‘as available’, without representations or warranties of any kind. FaGMT and its suppliers make no other warranties, express or implied, by operation of law or otherwise, including, without limitation, any implied warranties of noninfringement, merchantability or fitness for a particular purpose or any implied warranties arising out of course of performance, course of dealing or usage of services provided. FaGMT does not warrant that the service will be provided error-free, uninterrupted, completely secure or virus-free.
  20. You may not:
    a. copy or reproduce the FAGMT Services through any means including but not limited to other network systems, through any computer subscriber system, audio or video recording.
    b. modify, adapt, copy or create derivative works based on the FAGMT Services; or
    c. reverse engineer, decompile or disassemble the FAGMT Services.

3. Account Termination

  1. You are solely responsible for properly cancelling your account.
  2. FaGMT, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service at any time and without prior notice in case of
  3. a. fraudulent, criminal, grossly negligent, wilful, or otherwise intentional misconduct, or violation of any law or regulation, in connection with the performance of your obligations hereunder and/or
    b. demonstrated usage negatively impacting the performance of the service and/or
    c. breach of the herein service terms and conditions.
  4. Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account or any other similar action deemed appropriate.

4. Modifications to the service and prices

  1. Prices of all services, are subject to change at any time. Such changes will be advertised on our website(s).
  2. FaGMT shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

5. Account Access, Password and Security

  1. To register for the LMS, You must complete the registration process by providing with current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and password.
  2. You shall protect your passwords and take full responsibility for Your own, and third party, use of Your accounts. FaGMT cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  3. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  4. You are solely responsible for any and all activities that occur under Your Account.
  5. You agree to notify FaGMT immediately upon learning of any unauthorised use of Your Account or any other breach of security.
  6. From time to time, FaGMT staff or sub-contractors’ support staff may log in to the LMS in order to maintain or improve service, including to provide You assistance with technical. You hereby acknowledge and consent to such access.
  7. Accounts registered by ‘bots’ or other automated methods are not permitted.
  8. You must agree to our Privacy Policy. This policy is compliant to GDPR requirements.
  9. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
  10. One person or legal entity may not maintain more than one account.
  11. You may not use the service for any illegal or unauthorised purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  12. You are responsible for and can be held liable for infringements of our copyrights by account users.

6. Intellectual Property Rights

Ownership and intellectual property rights of all FaGMT training or teaching materials, whether on the FaGMT website or at a physical facility are owned by the FaGMT. All intellectual property rights in all materials available from the websites or otherwise, including the design, graphics and text of all printed materials and the audio and video, where applicable, are owned by the FaGMT. When you are given access to the Learning Management System, you are granted a non-exclusive, non-transferable, revocable licence to use the FaGMT materials for the sole purpose of learning. No content may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without the FaGMT’s prior permission. Any such use is strictly prohibited and will constitute an infringement of the FaGMT’s intellectual property rights.

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