Terms of Use (Offer)
to
conclude a license agreement for the provision of an online sailing course (hereinafter
- the Agreement)
to conclude a license agreement for the provision of an online sailing course (hereinafter - the Agreement)
Since this Offer, if
accepted (Acceptance), creates legal obligations for you, we ask you to carefully read its
terms for a complete understanding of the nature and other essential terms of the Agreement
(as defined below), and also advise you to print or otherwise save its text . If you do not
agree with any clause of this Offer, we suggest that you abandon the actions necessary for
its acceptance. If before making a payment you have any questions regarding the essential
terms of the Agreement or other questions that you consider essential for making an informed
decision to purchase an online course, then all background and / or additional information
can be obtained by calling +38067 326-36-33 and / or email
online-school@yacht-travel.eu
PREAMBLE
Glory Yachting OU, hereinafter referred to as the "Licensor", acting on the basis of an extract from Estonian registration department of the court (register code is 14285851, registered in Tartu County Court Registration Department), carrying out entrepreneurial activity under commercial name «Glory Yachting» and «Yacht Travel», addresses the present offer to conclude a treaty indefinite circle of capable individuals, individual entrepreneurs and legal entities (person), each of which in the case of acceptance of the Offer,
The full and unconditional acceptance of this Offer is the implementation of the Conducting Actions by the Person: making payment for the online course, putting down marks (ticks) to agree to the terms of this Offer and / or by clicking on the "Register" button on the site
Any Person who has accepted this Offer will become a Licensee. Further, the Licensor and the Licensee are collectively referred to as the Parties, and each separately - the Party.
This Offer is valid from the date of its official publication on the Site and is valid until the date of official publication of the application for withdrawal of the Offer on the Site.
The conditions of which are established by the Licensor and which is concluded only by joining the Licensee to the proposed Agreement as a whole. The Licensee may not offer its terms of the Agreement, unless otherwise expressly provided for by the Agreement.
The acceptance of the Offer is equivalent to the conclusion of a bilateral Agreement in writing on the terms and conditions set forth below in the Agreement, without the need for the Parties to sign the Agreement in each individual case (the written form of the agreement is considered complied with if the written proposal to conclude the agreement is accepted by acceptance made by the relevant actions).
The acceptance of the offer is recorded by the Licensor in electronic form and stored in the hardware and software complex of the Licensor. Extracts from the hardware and software complex of the Licensor can be used as written evidence when considering disputes, including in an arbitration court or in court.
Making the acceptance of this Offer at the Registration stage, the Licensee:
- confirms his / her legal capacity and also realizes the responsibility for the obligations incumbent upon him as a result of the conclusion of the Agreement;
- gives his consent to the processing of personal data in accordance with the Privacy Policy;
- confirms the accuracy of their personal data and assumes all responsibility for their accuracy, completeness and accuracy;
assumes all possible commercial risks associated with his actions to make mistakes, inaccuracies in the provision of information necessary for the conclusion of the Agreement;
- gives his consent to receive messages of an informational and advertising nature, by sending via SMS and / or E-mail. The licensee has the right to withdraw his consent to receive messages of informational and advertising nature, by unsubscribing from the newsletter (the function is available in received messages).
The Licensor reserves the right to unilaterally amend the terms of the Offer, including the essential terms of the Agreement, and / or its revocation until the Licensee accepts it. The amended terms of the Offer do not affect the Agreement, which are concluded until the moment of amending the Offer.
If the Licensor makes changes to the Offer, such changes shall enter into force from the moment of posting the amended text of the Offer, unless another date for the entry into force of the changes is additionally defined in the text of the publication.
The invalidity of certain provisions of the Offer does not affect the invalidity of other provisions of the Offer. If any provision of the Offer or its part becomes invalid in whole or in part in accordance with any regulatory act, then such a condition or its part will not be considered part of the Offer and will not affect the legal force of the rest of this Offer.
If necessary, without conflict with the conditions of the Offer, the Person may conclude a documented Agreement in the form of a written bilateral document.
SKIPPER'S ONLINE COURSE
1. TERMS AND DEFINITIONS
1.1. In this Agreement, unless expressly stated otherwise from its text, the following terms will have the following meanings:
"SKIPPER ONLINE COURSE (Course)" - a set of audio-visual, textual, graphic, video materials and computer programs (software for test tasks), united by a common theme, intended for independent training of the User in order to obtain new or develop existing skills and knowledge on the topic of sailing theory.
"User" - an individual person for whom Licensee has paid the Course. For the purposes of this Agreement, all rights and obligations that apply to the Licensee apply to Licensee Users, with the exception of the obligation to pay for the Course.
"License" is a non-exclusive, compensatory right to use the Course, Site and Personal Account by the User for personal non-commercial purposes in the amount and for the period specified in this Agreement. The license is valid in the territory of any state without the right to further sublicense under the model of one User - one License. Rights not expressly indicated in this Agreement are considered not granted.
"My Account" - a set of protected pages of the Site created as a result of User registration, using which the User has the opportunity to access the Course in full after paying for such access, the ability to receive information about the Course, the ability to change user information, password, participation in the rating Users, as well as the implementation of other actions provided for by the explicit functions of the Personal Account. Access to the Personal Account is carried out by entering the credentials in the fields provided for this on the Site.
"Site" - a set of information, texts, graphic elements, design, images, photos, audio and video materials, and other protected results of intellectual activity and means of individualization of the Licensor, as well as computer programs contained in an information system that ensures the availability of such information on the network Internet at the network address https://online-school.yacht-travel.eu . The Site is an Internet resource designed to provide the User with a Course for the purpose of organizing the User's self-training in the Course program.
1.2. All other terms and definitions that appear in the text of the Agreement are interpreted by the Parties in accordance with Estonian law and the usual Internet rules for the interpretation of the relevant terms.
1.3. The names of the headings (articles) of the Agreement are intended solely for the convenience of using the text of the Agreement and have no literal legal value.
2. SUBJECT OF THE AGREEMENT
2.1. Under this Agreement, the Licensor undertakes for a fee to provide the Licensee, represented by its Users, the right to use the Course, Website and Personal Account for their intended purpose, including by accessing the Website, Personal Account using personal computers and mobile devices and using the explicit functions of the Website , Personal Account under the terms of a simple (non-exclusive) License, for the period specified in this Agreement, and the Licensee agrees to pay and accept the specified right under the conditions set forth in this The contract.
2.2. The course consists of nine topics:
a) Introduction to Sailing;
b) Maneuvering under sails;
c) Maneuvering under under the engine;
d) Navigation;
e) Waters Pilot;
e) Collision Regulations
g) Meteorology;
g) VHF Radio ;
h) Safety in the Sea. GMDSS.
2.3. The Licensor, at its discretion, has the right to unilaterally review, amend, supplement the topics and materials of the Course in order to improve the quality of the Course.
2.4. The validity period of the License is 6 (six) months from the date following the date of payment of the Course, after the expiration of which, access to the Course will be closed, unless otherwise agreed by the Parties individually in writing, including the exchange of messages by e-mail. At the same time, in order to repeat the information presented in the Course before marine practice, the User has the right to send an application to the Licensor's email to resume access to the Course for a period of not more than one and a half months.
3. ORDER OF REGISTRATION ON THE SITE, INTELLECTUAL PROPERTY AND RESTRICTIONS WHEN USING THE SITE
3.1. The Licensor provides the Licensee before registering the registration of its Users on the Site with access to information about the Site and the Course at the network address http://online-school.yacht-travel.eu.
3.2. After registering on the Site, the User, in addition to the access specified in clause 3.1 of the Agreement, is given access to a limited trial version of the Course, namely topic No. 1 for a period of 7 (seven) days, as well as access to other functions of the Site and Personal Account, which are provided explicitly unless otherwise agreed by the Parties in writing.
3.3. After the User has filled in all the necessary fields of the registration form on the Site, the Licensor automatically sends a letter with a link to the email address provided by the User, clicking on which the User must complete the registration if registration was carried out using e-mail. The user can also register on the Site using their Facebook and Gmail accounts.
3.4. Upon completion of registration on the Site, the User is granted access to the Personal Account by credentials - login and password. The password can be changed by the User at any time after registration.
3.5. The User has an obligation to ensure the security and safety of the password. In case of loss or compromise of the password, as well as in the event of unlawful seizure by third parties of access to the Personal Account, the User is obliged to immediately notify the Licensor of this. Until the receipt of such a message, all actions committed using the User's Personal Account will be considered committed by the User.
3.6. When using the Site, Users must comply with any rules for using the Site posted on it.
3.7. Using the Site, including the Course, the User acknowledges and agrees that all contents of the Site without exemptions (including, but not limited to: audiovisual works, text and graphic materials, computer programs, trademarks / service marks, logos), structure the content of the Site, the program code of the Site and / or its parts are the results of intellectual activity, the exclusive right to which the Licensor has the full right to use. The exclusive right as well as other intellectual rights (if applicable) to the above results of intellectual activity do not transfer to the User as a result of using the Site and entering into an Agreement.
3.8. The User is prohibited from copying, modifying, changing, deleting, supplementing, publishing, transferring the results of intellectual activity contained on the Site, creating derivative works, manufacturing or selling goods / providing services based on them, reproducing, displaying or otherwise exploiting or using such intellectual results activities without the express permission of the Licensor.
When quoting materials from the Site, if this is expressly provided for by the functions of the Site, the User agrees to provide a link to the Site.
3.9. For the avoidance of doubt, the User is prohibited from:
- copying and / or distributing any information (including parts and components of the Course, articles, logos and trademarks / service marks) received on the Site;
- use the information received on the Site for carrying out commercial activities, generating profit, or for using in any manner contrary to law, with the exception of skills acquired on the basis of information obtained in accordance with the Agreement;
- copy, or otherwise use the software part (program code or part of the code) of the Site, as well as its design;
- post on the Site personal data of third parties without their consent, including but not limited to: home addresses, phone numbers, passport details, email addresses;
- change in any way the software part of the Site, take actions aimed at changing the
- change in any way the software part of the Site, take actions aimed at changing the functioning and performance of the Site;
- insult and otherwise violate the rights and freedoms of other users of the Site, third parties, as well as groups of persons;
- in communication with representatives of the Licensor and use foul language, to carry out or disseminate information containing calls for riots, the implementation of extremist activities, and participation in mass (public) events.
4. PAYMENT OF LICENSE TERMS OF DELIVERY
4.1. The cost (price) of the License for one User is published on the Course order page on the Site or in electronic notifications sent to the Licensee. The final price of the Course in the payment currency (EUR) is recorded in the invoice, displayed on the payment page of the Course, as well as in the bank statement on the card. If due to the legislation of the country of registration of the Licensor and / or Licensee any taxes, including VAT, are applicable for payment, the cost of the License increases by the amount of the corresponding tax.
4.2. Payment of the License is made by credit card or bank transfer (for which you need to send a request to the Licensor by e-mail). If the Licensee needs any related services in the field of yachting, the Parties shall coordinate such services and their cost separately.
4.3. Access to the Course is provided to the User remotely through the Personal Account on the Site.
4.4. The license is considered granted in full on the day of payment.
4.5. The License is deemed to have been duly granted, and the acceptance certificate of the License is not formed and is not signed if the Licensee has not submitted a reasoned claim in accordance with Section 7 of the Agreement.
5. RIGHTS AND OBLIGATIONS OF THE LICENSE
5.1. The Licensee undertakes:
5.1.1. Do not transfer your authentication data (username and password) to your Personal Account to third parties, except for your Users.
5.1.2. Do not carry out any actions aimed at disrupting the normal operation of the Site.
5.1.3. Do not use automatic programs (bots, crawlers, etc.) to collect information and / or other actions with the Site.
5.1.4. Use any materials of the Course (text, audio, video, oral recommendations and other materials) received through the Personal Account, EXCLUSIVELY for personal interests not related to entrepreneurial activity.
5.1.5. Do not copy, translate into other languages, transmit, send by mail and / or publish materials from the Site or the contents of the Course without the written permission of the Licensor, and also does not have the right to use them for mass distribution, including on the Internet.
5.1.6. Do not use information received from the Licensor or from the Course in ways that could result in damage to the interests and / or reputation of the Licensor.
5.1.7. Based on the results of each section of the Course, the User is tested and received a training success rate, which is recorded in the Personal Account and in the personal rating of the Course User. A successful topic is a topic with 70 (seventy)% of correct answers. The user can take each test an unlimited number of times, however, the best result of a particular test will be recorded in his rating based on the first 3 (three) attempts.
5.1.8. Do not use the Course, including (without limitation) in order to create a similar and / or competitive Course.
5.2. The licensee has the right:
5.2.1. Receive information from the Licensor on issues related to the passage of the Course.
5.2.2. Demand the provision of a paid License, and in case of violation - require a refund in accordance with Section 7 of the Agreement.
5.2.3. Contact the Licensor in writing, including e-mail, for all matters related to the implementation of this Agreement.
6. RIGHTS AND OBLIGATIONS OF THE LICENSOR
6.1. The licensor undertakes:
6.1.1. Provide the Licensee with the License in full and in accordance with the terms of this Agreement.
6.1.2. Inform Licensee of all changes to the Course within a reasonable period of time.
6.1.3. Provide, upon request of the Licensee, information about the Course and its materials.
6.1.4. Make a refund to the Licensee in accordance with Section 7 of the Agreement;
6.1.5. Use the personal data of the Licensee, including its Users, in accordance with the legislation on the processing of personal data.
6.1.6. In case of successful completion of the Course by each Licensee User in accordance with clause 5.1.7. Of the Agreement, to issue each such User an electronic certificate in PDF format on the successful completion of the Course.
6.2. The licensor has the right:
6.2.1. Include the Licensee and its Users in the mailing list by e-mail for the subsequent distribution of materials on the Course or for the distribution of other information materials that the latter can refuse using the Personal Account functionality or by following the link in the corresponding message, except for service notifications.
6.2.2. Terminate the License and terminate this Agreement unilaterally in case of violation by the Licensee of any of its obligations under sections 3 and paragraph 5.1. Of the Agreement, without returning the funds paid by the Licensee under this Agreement.
6.2.3. Temporarily suspend the fulfillment of obligations for technical and other reasons that impede the availability of the Course for the period of elimination of the above reasons. In this case, the Licensor shall extend the validity of the License for the duration of the specified circumstances.
6.2.4. If necessary, involve third parties (specialists, consultants, trainers, experts) to answer Licensee's questions on the Course without written consent from the Licensee.
7. REFUND POLICY
7.1. The Warranty) Period for the refund of money paid for the License for the Course is understood to mean a period of 14 (fourteen) days from the payment date of the License for the Course, including limitations that described in Article 7.2 of the Agreement.
7.2. Refunds are made within 7 (seven) days from the date of receipt of the Licensee's request in the following amount:
a) 100% - if the User has completed no more than 5 (five)% of the Course in accordance with the Course Assessment System, which is one of the functions of the Course;
b) refunds shall not be made if the User has completed more than 5 (five)% of the Course according to the automatic course assessment system (indicated in the upper right corner of the Site).
7.3. The Licensee's motivated claim regarding the Course is solely a claim that the Licensor did not provide access to the Course in the declared volume, supported by appropriate evidence, and did not agree on a different date with the Licensee.
7.4. A motivated claim may be sent to the Licensor by e-mail during the Money Back Guarantee Period.
7.5. The User's failure to complete the Course during the term of the License for any reason beyond the control of the Licensor, including but not limited to the following:
- illness;
- business trip;
- other priority tasks;
- lack of Internet or other technical problems with the equipment or software of the User;
- inconsistency of the Course with the expectations of the User and / or negative subjective assessment.
DO NOT constitute a motivated claim and cannot serve as a basis for a refund.
7.6. The Licensor is obliged to consider a reasoned claim received from the Licensee within 5 (five) business days from the date of its receipt and at the choice of the Licensee:
a) to return the money paid by the Licensee within 7 (seven) days from the date of expiration of the period for consideration of a motivated claim ; or
b) agree with the Licensee a different term of the License.
7.6. In case of receipt of other claims, they shall be resolved in the manner provided for in clauses 11.5.-11.6. Of the contract.
8. WARRANTIES AND REPRESENTATIONS OF THE PARTIES
8.1. The Licensor guarantees to provide the Course to the Licensee and to fulfill other obligations provided for in this Agreement.
8.2. Each Party to this Agreement declares and warrants that it has all the rights and powers necessary to conclude this Agreement and fully fulfill its obligations under it.
8.3. The Licensee agrees that the actions of Users committed with the use of authentication data (username and password) in the Personal Account give rise to legal consequences.
8.4. The Licensor does not guarantee the absence of malfunctions and / or errors in the operation of the Site. In this case, in the event of malfunctions and / or errors, the Licensor agrees to make every effort to eliminate them as soon as possible.
8.5. LICENSOR DOES NOT WARRANT THE LICENSEE OF ANY DEFINED OR GUARANTEED RESULTS FROM THE COURSE. If your site or other materials LICENSOR contain a description of the course, then they are presented for informational purposes only, the licensee was an overall idea of the possible results of the course, NOT as to form a licensee belief that IM EXACTLY WILL results including those described ONLINE. SPECIFIC LEARNING RESULTS DEPEND ON MANY FACTORS FOR WHICH THE LICENSOR CANNOT BE INFLUENCED (SUCH AS INDIVIDUAL ABILITIES FOR LEARNING AND ACQUISITION OF INFORMATION ARE PERFORMED, TAKING RESPONSIBILITY.
8.6. With the exception of the warranties expressly indicated in this Agreement, the Licensor does not provide any other direct or implied (indirect) warranties.
9. RISKS AND RESPONSIBILITY OF THE PARTIES
9.1. The Licensee acknowledges that the Licensor does not bear any risks regarding the understanding by the Users of the information contained in the materials of the Course. All methodological recommendations and advice set forth in the Course are used by Users EXCLUSIVELY at their own discretion and at their own risk. All risks and consequences of applying the information received as a result of completing the Course are fully borne by the Licensee.
9.2. Under no circumstances shall the Contractor be held liable for decisions made by the Licensee Users regarding information received as a result of completing the Course.
9.3. For non-performance or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the Agreement and the legislation of Estonia.
9.4. The Licensor is relieved of liability for failure to perform or improper performance of this Agreement in the event of any poor-quality operation of equipment and / or software and / or communication channels located outside the resources of the Licensor's Website due to technological reasons or actions / inaction of third parties.
9.5. The total liability of the Licensee under this Agreement, for any claim or claim regarding improper performance of the Agreement, is limited to the amount of the last payment paid to the Licensor by the Licensee under this Agreement.
9.6. In the event that the Licensee's User violates the terms of the Agreement, legislation, moral and ethical standards, or technical requirements, the Licensor has the right to block or delete the Personal Account, prohibit or restrict access to certain or all functions of the Site using the User's credentials.
9.7. In case of revealing cases when the User provides access to the Personal Account to third parties, the Licensor, at his option, applies the measures provided for in clause 9.6. Of the contract.
9.8. Violation by the User of the terms of the Agreement, which entailed adverse consequences for the Licensor (damage, administrative and other liability, warnings of law enforcement and other executive authorities, claims of third parties), is the basis for the Licensor to terminate the User's access to the Course, and money to pay for the Return Course are not subject to and are a fine for the actions of the User.
9.9. In case of violation by the User of the intellectual rights of the Licensor, as well as restrictions on the use of the Site specified in Section 3 of the Agreement, the Licensor is entitled at any time without warning to block such User's full or partial access to the Site and the Personal Account, as well as, at its discretion, apply to the relevant User with a request to eliminate the violations and / or request that the violations be eliminated in court, including the involvement of the Licensee in a civil, administrative or criminal response vennost in accordance with the laws of Estonia.
10. CIRCUMSTANCES OF FORCE MAJEURE (FORCE MAJEURE)
10.1. The Parties shall be exempted from liability for partial or full failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances arising after the conclusion of this Agreement as a result of extraordinary circumstances that the Parties could not foresee or prevent, namely: fire, natural disaster, war and hostilities of all kinds, civil and national unrest, blockade of transport, adoption by authorities and management of acts that impede fulfillment of the condition of this Agreement or other circumstances beyond the reasonable control of the Parties, as well as faults arising in the telecommunications and energy networks.
10.2. A party exposed to force majeure is obliged to immediately, within 3 (three) business days in writing, notify the other Party of the occurrence of such circumstances with the provision of a document of the authorized state body on the expected term of their validity and termination.
10.3. In case of force majeure circumstances, the deadline for fulfillment of obligations under this Agreement is postponed in proportion to the time during which such circumstances and their consequences are valid. If force majeure circumstances may exist for more than 3 (three) consecutive months, any Party will have the right to terminate the Agreement unilaterally.
11. FINAL PROVISIONS
11.1. This Agreement is considered concluded and comes into force from the moment the Licensee completes the acceptance of the Offer and is valid until the Parties fulfill their obligations under this Agreement.
11.2. The Parties acknowledge that documents sent by electronic mail or other electronic means of communication, including through the Personal Account, have legal force equivalent to documents made in simple writing and are recognized by the Parties as evidence in court. The Parties guarantee the operability of the email addresses specified in the Agreement and independently bear the risks associated with failure to receive, untimely receipt or sending messages, familiarization with their contents in connection with any technical malfunctions in the work of email, lack of access to it for any reason, including lack of access to the Internet, the results of a special sorting of messages, in particular, getting messages in the Spam folder or similar.
11.3. The Licensee does not have the right to transfer its rights and obligations under the Agreement to third parties.
11.4. The Agreement may be terminated by agreement of the Parties at any time or on other grounds provided for by this Agreement and / or the current legislation of Estonia.
11.5. Claim procedure for dispute resolution is obligatory for the Parties. The deadline for responding to a claim is 30 (thirty) calendar days from the date it is received.
11.6. If it is impossible to resolve disputes and disagreements through negotiations, their resolution and consideration is carried out in court at the location of the plaintiff in accordance with the current legislation of Estonia.
11.7. The site may contain links to other sites on the Internet (third-party sites). These third parties and the content of their sites / content are not checked by the Licensor for compliance with any requirements (reliability, completeness, legality, etc.). The Licensor is not responsible for any information, materials posted on third-party sites to which the User accesses using the Site, including any opinions or statements expressed on third-party sites, advertising, etc., as well as for the availability of such sites or content and the consequences of their use by the User.
11.8. When completing the Course by the User, the latter agrees:
a) to post the results of the Course on the Site with the surname, name and patronymic (if any), including those specified in the Personal Account on the Site, in social network accounts;
b) for free placement upon publication of the results of the Course of the User's image indicated in the Personal Account on the Site or in the social network account. The image is used for personalization and visualization of the User.
If the User does not agree to one of the actions indicated above, he needs to write a letter to the address at the email address of the Licensor.
11.9. The provisions of the Agreement and the interaction of the Parties in the performance of obligations under the Agreement are confidential information that neither of the Parties has the right to disclose without the prior consent of the other Party, except as otherwise provided by law and the Agreement.
11.10. All legal relations arising from this Agreement or related to it, including those related to the validity, conclusion, execution, amendment and termination of this Agreement, interpretation of its terms, determination of the consequences of invalidity or violation of the Agreement, are governed by this Agreement and relevant norms of the current legislation of Estonia, as well as business customs applicable to such legal relations on the basis of the principles of good faith, reasonableness and fairness.
DETAILS OF THE LICENSOR
Glory Yachting OÜ (registry code 14285851)
Harju maakond, Keila linn, Linnamäe tee 10, 76605
online-school@yacht-travel.eu
+380 67 327 36 33
PREAMBLE
Glory Yachting OU, hereinafter referred to as the "Licensor", acting on the basis of an extract from Estonian registration department of the court (register code is 14285851, registered in Tartu County Court Registration Department), carrying out entrepreneurial activity under commercial name «Glory Yachting» and «Yacht Travel», addresses the present offer to conclude a treaty indefinite circle of capable individuals, individual entrepreneurs and legal entities (person), each of which in the case of acceptance of the Offer,
The full and unconditional acceptance of this Offer is the implementation of the Conducting Actions by the Person: making payment for the online course, putting down marks (ticks) to agree to the terms of this Offer and / or by clicking on the "Register" button on the site
Any Person who has accepted this Offer will become a Licensee. Further, the Licensor and the Licensee are collectively referred to as the Parties, and each separately - the Party.
This Offer is valid from the date of its official publication on the Site and is valid until the date of official publication of the application for withdrawal of the Offer on the Site.
The conditions of which are established by the Licensor and which is concluded only by joining the Licensee to the proposed Agreement as a whole. The Licensee may not offer its terms of the Agreement, unless otherwise expressly provided for by the Agreement.
The acceptance of the Offer is equivalent to the conclusion of a bilateral Agreement in writing on the terms and conditions set forth below in the Agreement, without the need for the Parties to sign the Agreement in each individual case (the written form of the agreement is considered complied with if the written proposal to conclude the agreement is accepted by acceptance made by the relevant actions).
The acceptance of the offer is recorded by the Licensor in electronic form and stored in the hardware and software complex of the Licensor. Extracts from the hardware and software complex of the Licensor can be used as written evidence when considering disputes, including in an arbitration court or in court.
Making the acceptance of this Offer at the Registration stage, the Licensee:
- confirms his / her legal capacity and also realizes the responsibility for the obligations incumbent upon him as a result of the conclusion of the Agreement;
- gives his consent to the processing of personal data in accordance with the Privacy Policy;
- confirms the accuracy of their personal data and assumes all responsibility for their accuracy, completeness and accuracy;
assumes all possible commercial risks associated with his actions to make mistakes, inaccuracies in the provision of information necessary for the conclusion of the Agreement;
- gives his consent to receive messages of an informational and advertising nature, by sending via SMS and / or E-mail. The licensee has the right to withdraw his consent to receive messages of informational and advertising nature, by unsubscribing from the newsletter (the function is available in received messages).
The Licensor reserves the right to unilaterally amend the terms of the Offer, including the essential terms of the Agreement, and / or its revocation until the Licensee accepts it. The amended terms of the Offer do not affect the Agreement, which are concluded until the moment of amending the Offer.
If the Licensor makes changes to the Offer, such changes shall enter into force from the moment of posting the amended text of the Offer, unless another date for the entry into force of the changes is additionally defined in the text of the publication.
The invalidity of certain provisions of the Offer does not affect the invalidity of other provisions of the Offer. If any provision of the Offer or its part becomes invalid in whole or in part in accordance with any regulatory act, then such a condition or its part will not be considered part of the Offer and will not affect the legal force of the rest of this Offer.
If necessary, without conflict with the conditions of the Offer, the Person may conclude a documented Agreement in the form of a written bilateral document.
SKIPPER'S ONLINE COURSE
1. TERMS AND DEFINITIONS
1.1. In this Agreement, unless expressly stated otherwise from its text, the following terms will have the following meanings:
"SKIPPER ONLINE COURSE (Course)" - a set of audio-visual, textual, graphic, video materials and computer programs (software for test tasks), united by a common theme, intended for independent training of the User in order to obtain new or develop existing skills and knowledge on the topic of sailing theory.
"User" - an individual person for whom Licensee has paid the Course. For the purposes of this Agreement, all rights and obligations that apply to the Licensee apply to Licensee Users, with the exception of the obligation to pay for the Course.
"License" is a non-exclusive, compensatory right to use the Course, Site and Personal Account by the User for personal non-commercial purposes in the amount and for the period specified in this Agreement. The license is valid in the territory of any state without the right to further sublicense under the model of one User - one License. Rights not expressly indicated in this Agreement are considered not granted.
"My Account" - a set of protected pages of the Site created as a result of User registration, using which the User has the opportunity to access the Course in full after paying for such access, the ability to receive information about the Course, the ability to change user information, password, participation in the rating Users, as well as the implementation of other actions provided for by the explicit functions of the Personal Account. Access to the Personal Account is carried out by entering the credentials in the fields provided for this on the Site.
"Site" - a set of information, texts, graphic elements, design, images, photos, audio and video materials, and other protected results of intellectual activity and means of individualization of the Licensor, as well as computer programs contained in an information system that ensures the availability of such information on the network Internet at the network address https://online-school.yacht-travel.eu . The Site is an Internet resource designed to provide the User with a Course for the purpose of organizing the User's self-training in the Course program.
1.2. All other terms and definitions that appear in the text of the Agreement are interpreted by the Parties in accordance with Estonian law and the usual Internet rules for the interpretation of the relevant terms.
1.3. The names of the headings (articles) of the Agreement are intended solely for the convenience of using the text of the Agreement and have no literal legal value.
2. SUBJECT OF THE AGREEMENT
2.1. Under this Agreement, the Licensor undertakes for a fee to provide the Licensee, represented by its Users, the right to use the Course, Website and Personal Account for their intended purpose, including by accessing the Website, Personal Account using personal computers and mobile devices and using the explicit functions of the Website , Personal Account under the terms of a simple (non-exclusive) License, for the period specified in this Agreement, and the Licensee agrees to pay and accept the specified right under the conditions set forth in this The contract.
2.2. The course consists of nine topics:
a) Introduction to Sailing;
b) Maneuvering under sails;
c) Maneuvering under under the engine;
d) Navigation;
e) Waters Pilot;
e) Collision Regulations
g) Meteorology;
g) VHF Radio ;
h) Safety in the Sea. GMDSS.
2.3. The Licensor, at its discretion, has the right to unilaterally review, amend, supplement the topics and materials of the Course in order to improve the quality of the Course.
2.4. The validity period of the License is 6 (six) months from the date following the date of payment of the Course, after the expiration of which, access to the Course will be closed, unless otherwise agreed by the Parties individually in writing, including the exchange of messages by e-mail. At the same time, in order to repeat the information presented in the Course before marine practice, the User has the right to send an application to the Licensor's email to resume access to the Course for a period of not more than one and a half months.
3. ORDER OF REGISTRATION ON THE SITE, INTELLECTUAL PROPERTY AND RESTRICTIONS WHEN USING THE SITE
3.1. The Licensor provides the Licensee before registering the registration of its Users on the Site with access to information about the Site and the Course at the network address http://online-school.yacht-travel.eu.
3.2. After registering on the Site, the User, in addition to the access specified in clause 3.1 of the Agreement, is given access to a limited trial version of the Course, namely topic No. 1 for a period of 7 (seven) days, as well as access to other functions of the Site and Personal Account, which are provided explicitly unless otherwise agreed by the Parties in writing.
3.3. After the User has filled in all the necessary fields of the registration form on the Site, the Licensor automatically sends a letter with a link to the email address provided by the User, clicking on which the User must complete the registration if registration was carried out using e-mail. The user can also register on the Site using their Facebook and Gmail accounts.
3.4. Upon completion of registration on the Site, the User is granted access to the Personal Account by credentials - login and password. The password can be changed by the User at any time after registration.
3.5. The User has an obligation to ensure the security and safety of the password. In case of loss or compromise of the password, as well as in the event of unlawful seizure by third parties of access to the Personal Account, the User is obliged to immediately notify the Licensor of this. Until the receipt of such a message, all actions committed using the User's Personal Account will be considered committed by the User.
3.6. When using the Site, Users must comply with any rules for using the Site posted on it.
3.7. Using the Site, including the Course, the User acknowledges and agrees that all contents of the Site without exemptions (including, but not limited to: audiovisual works, text and graphic materials, computer programs, trademarks / service marks, logos), structure the content of the Site, the program code of the Site and / or its parts are the results of intellectual activity, the exclusive right to which the Licensor has the full right to use. The exclusive right as well as other intellectual rights (if applicable) to the above results of intellectual activity do not transfer to the User as a result of using the Site and entering into an Agreement.
3.8. The User is prohibited from copying, modifying, changing, deleting, supplementing, publishing, transferring the results of intellectual activity contained on the Site, creating derivative works, manufacturing or selling goods / providing services based on them, reproducing, displaying or otherwise exploiting or using such intellectual results activities without the express permission of the Licensor.
When quoting materials from the Site, if this is expressly provided for by the functions of the Site, the User agrees to provide a link to the Site.
3.9. For the avoidance of doubt, the User is prohibited from:
- copying and / or distributing any information (including parts and components of the Course, articles, logos and trademarks / service marks) received on the Site;
- use the information received on the Site for carrying out commercial activities, generating profit, or for using in any manner contrary to law, with the exception of skills acquired on the basis of information obtained in accordance with the Agreement;
- copy, or otherwise use the software part (program code or part of the code) of the Site, as well as its design;
- post on the Site personal data of third parties without their consent, including but not limited to: home addresses, phone numbers, passport details, email addresses;
- change in any way the software part of the Site, take actions aimed at changing the
- change in any way the software part of the Site, take actions aimed at changing the functioning and performance of the Site;
- insult and otherwise violate the rights and freedoms of other users of the Site, third parties, as well as groups of persons;
- in communication with representatives of the Licensor and use foul language, to carry out or disseminate information containing calls for riots, the implementation of extremist activities, and participation in mass (public) events.
4. PAYMENT OF LICENSE TERMS OF DELIVERY
4.1. The cost (price) of the License for one User is published on the Course order page on the Site or in electronic notifications sent to the Licensee. The final price of the Course in the payment currency (EUR) is recorded in the invoice, displayed on the payment page of the Course, as well as in the bank statement on the card. If due to the legislation of the country of registration of the Licensor and / or Licensee any taxes, including VAT, are applicable for payment, the cost of the License increases by the amount of the corresponding tax.
4.2. Payment of the License is made by credit card or bank transfer (for which you need to send a request to the Licensor by e-mail). If the Licensee needs any related services in the field of yachting, the Parties shall coordinate such services and their cost separately.
4.3. Access to the Course is provided to the User remotely through the Personal Account on the Site.
4.4. The license is considered granted in full on the day of payment.
4.5. The License is deemed to have been duly granted, and the acceptance certificate of the License is not formed and is not signed if the Licensee has not submitted a reasoned claim in accordance with Section 7 of the Agreement.
5. RIGHTS AND OBLIGATIONS OF THE LICENSE
5.1. The Licensee undertakes:
5.1.1. Do not transfer your authentication data (username and password) to your Personal Account to third parties, except for your Users.
5.1.2. Do not carry out any actions aimed at disrupting the normal operation of the Site.
5.1.3. Do not use automatic programs (bots, crawlers, etc.) to collect information and / or other actions with the Site.
5.1.4. Use any materials of the Course (text, audio, video, oral recommendations and other materials) received through the Personal Account, EXCLUSIVELY for personal interests not related to entrepreneurial activity.
5.1.5. Do not copy, translate into other languages, transmit, send by mail and / or publish materials from the Site or the contents of the Course without the written permission of the Licensor, and also does not have the right to use them for mass distribution, including on the Internet.
5.1.6. Do not use information received from the Licensor or from the Course in ways that could result in damage to the interests and / or reputation of the Licensor.
5.1.7. Based on the results of each section of the Course, the User is tested and received a training success rate, which is recorded in the Personal Account and in the personal rating of the Course User. A successful topic is a topic with 70 (seventy)% of correct answers. The user can take each test an unlimited number of times, however, the best result of a particular test will be recorded in his rating based on the first 3 (three) attempts.
5.1.8. Do not use the Course, including (without limitation) in order to create a similar and / or competitive Course.
5.2. The licensee has the right:
5.2.1. Receive information from the Licensor on issues related to the passage of the Course.
5.2.2. Demand the provision of a paid License, and in case of violation - require a refund in accordance with Section 7 of the Agreement.
5.2.3. Contact the Licensor in writing, including e-mail, for all matters related to the implementation of this Agreement.
6. RIGHTS AND OBLIGATIONS OF THE LICENSOR
6.1. The licensor undertakes:
6.1.1. Provide the Licensee with the License in full and in accordance with the terms of this Agreement.
6.1.2. Inform Licensee of all changes to the Course within a reasonable period of time.
6.1.3. Provide, upon request of the Licensee, information about the Course and its materials.
6.1.4. Make a refund to the Licensee in accordance with Section 7 of the Agreement;
6.1.5. Use the personal data of the Licensee, including its Users, in accordance with the legislation on the processing of personal data.
6.1.6. In case of successful completion of the Course by each Licensee User in accordance with clause 5.1.7. Of the Agreement, to issue each such User an electronic certificate in PDF format on the successful completion of the Course.
6.2. The licensor has the right:
6.2.1. Include the Licensee and its Users in the mailing list by e-mail for the subsequent distribution of materials on the Course or for the distribution of other information materials that the latter can refuse using the Personal Account functionality or by following the link in the corresponding message, except for service notifications.
6.2.2. Terminate the License and terminate this Agreement unilaterally in case of violation by the Licensee of any of its obligations under sections 3 and paragraph 5.1. Of the Agreement, without returning the funds paid by the Licensee under this Agreement.
6.2.3. Temporarily suspend the fulfillment of obligations for technical and other reasons that impede the availability of the Course for the period of elimination of the above reasons. In this case, the Licensor shall extend the validity of the License for the duration of the specified circumstances.
6.2.4. If necessary, involve third parties (specialists, consultants, trainers, experts) to answer Licensee's questions on the Course without written consent from the Licensee.
7. REFUND POLICY
7.1. The Warranty) Period for the refund of money paid for the License for the Course is understood to mean a period of 14 (fourteen) days from the payment date of the License for the Course, including limitations that described in Article 7.2 of the Agreement.
7.2. Refunds are made within 7 (seven) days from the date of receipt of the Licensee's request in the following amount:
a) 100% - if the User has completed no more than 5 (five)% of the Course in accordance with the Course Assessment System, which is one of the functions of the Course;
b) refunds shall not be made if the User has completed more than 5 (five)% of the Course according to the automatic course assessment system (indicated in the upper right corner of the Site).
7.3. The Licensee's motivated claim regarding the Course is solely a claim that the Licensor did not provide access to the Course in the declared volume, supported by appropriate evidence, and did not agree on a different date with the Licensee.
7.4. A motivated claim may be sent to the Licensor by e-mail during the Money Back Guarantee Period.
7.5. The User's failure to complete the Course during the term of the License for any reason beyond the control of the Licensor, including but not limited to the following:
- illness;
- business trip;
- other priority tasks;
- lack of Internet or other technical problems with the equipment or software of the User;
- inconsistency of the Course with the expectations of the User and / or negative subjective assessment.
DO NOT constitute a motivated claim and cannot serve as a basis for a refund.
7.6. The Licensor is obliged to consider a reasoned claim received from the Licensee within 5 (five) business days from the date of its receipt and at the choice of the Licensee:
a) to return the money paid by the Licensee within 7 (seven) days from the date of expiration of the period for consideration of a motivated claim ; or
b) agree with the Licensee a different term of the License.
7.6. In case of receipt of other claims, they shall be resolved in the manner provided for in clauses 11.5.-11.6. Of the contract.
8. WARRANTIES AND REPRESENTATIONS OF THE PARTIES
8.1. The Licensor guarantees to provide the Course to the Licensee and to fulfill other obligations provided for in this Agreement.
8.2. Each Party to this Agreement declares and warrants that it has all the rights and powers necessary to conclude this Agreement and fully fulfill its obligations under it.
8.3. The Licensee agrees that the actions of Users committed with the use of authentication data (username and password) in the Personal Account give rise to legal consequences.
8.4. The Licensor does not guarantee the absence of malfunctions and / or errors in the operation of the Site. In this case, in the event of malfunctions and / or errors, the Licensor agrees to make every effort to eliminate them as soon as possible.
8.5. LICENSOR DOES NOT WARRANT THE LICENSEE OF ANY DEFINED OR GUARANTEED RESULTS FROM THE COURSE. If your site or other materials LICENSOR contain a description of the course, then they are presented for informational purposes only, the licensee was an overall idea of the possible results of the course, NOT as to form a licensee belief that IM EXACTLY WILL results including those described ONLINE. SPECIFIC LEARNING RESULTS DEPEND ON MANY FACTORS FOR WHICH THE LICENSOR CANNOT BE INFLUENCED (SUCH AS INDIVIDUAL ABILITIES FOR LEARNING AND ACQUISITION OF INFORMATION ARE PERFORMED, TAKING RESPONSIBILITY.
8.6. With the exception of the warranties expressly indicated in this Agreement, the Licensor does not provide any other direct or implied (indirect) warranties.
9. RISKS AND RESPONSIBILITY OF THE PARTIES
9.1. The Licensee acknowledges that the Licensor does not bear any risks regarding the understanding by the Users of the information contained in the materials of the Course. All methodological recommendations and advice set forth in the Course are used by Users EXCLUSIVELY at their own discretion and at their own risk. All risks and consequences of applying the information received as a result of completing the Course are fully borne by the Licensee.
9.2. Under no circumstances shall the Contractor be held liable for decisions made by the Licensee Users regarding information received as a result of completing the Course.
9.3. For non-performance or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the Agreement and the legislation of Estonia.
9.4. The Licensor is relieved of liability for failure to perform or improper performance of this Agreement in the event of any poor-quality operation of equipment and / or software and / or communication channels located outside the resources of the Licensor's Website due to technological reasons or actions / inaction of third parties.
9.5. The total liability of the Licensee under this Agreement, for any claim or claim regarding improper performance of the Agreement, is limited to the amount of the last payment paid to the Licensor by the Licensee under this Agreement.
9.6. In the event that the Licensee's User violates the terms of the Agreement, legislation, moral and ethical standards, or technical requirements, the Licensor has the right to block or delete the Personal Account, prohibit or restrict access to certain or all functions of the Site using the User's credentials.
9.7. In case of revealing cases when the User provides access to the Personal Account to third parties, the Licensor, at his option, applies the measures provided for in clause 9.6. Of the contract.
9.8. Violation by the User of the terms of the Agreement, which entailed adverse consequences for the Licensor (damage, administrative and other liability, warnings of law enforcement and other executive authorities, claims of third parties), is the basis for the Licensor to terminate the User's access to the Course, and money to pay for the Return Course are not subject to and are a fine for the actions of the User.
9.9. In case of violation by the User of the intellectual rights of the Licensor, as well as restrictions on the use of the Site specified in Section 3 of the Agreement, the Licensor is entitled at any time without warning to block such User's full or partial access to the Site and the Personal Account, as well as, at its discretion, apply to the relevant User with a request to eliminate the violations and / or request that the violations be eliminated in court, including the involvement of the Licensee in a civil, administrative or criminal response vennost in accordance with the laws of Estonia.
10. CIRCUMSTANCES OF FORCE MAJEURE (FORCE MAJEURE)
10.1. The Parties shall be exempted from liability for partial or full failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances arising after the conclusion of this Agreement as a result of extraordinary circumstances that the Parties could not foresee or prevent, namely: fire, natural disaster, war and hostilities of all kinds, civil and national unrest, blockade of transport, adoption by authorities and management of acts that impede fulfillment of the condition of this Agreement or other circumstances beyond the reasonable control of the Parties, as well as faults arising in the telecommunications and energy networks.
10.2. A party exposed to force majeure is obliged to immediately, within 3 (three) business days in writing, notify the other Party of the occurrence of such circumstances with the provision of a document of the authorized state body on the expected term of their validity and termination.
10.3. In case of force majeure circumstances, the deadline for fulfillment of obligations under this Agreement is postponed in proportion to the time during which such circumstances and their consequences are valid. If force majeure circumstances may exist for more than 3 (three) consecutive months, any Party will have the right to terminate the Agreement unilaterally.
11. FINAL PROVISIONS
11.1. This Agreement is considered concluded and comes into force from the moment the Licensee completes the acceptance of the Offer and is valid until the Parties fulfill their obligations under this Agreement.
11.2. The Parties acknowledge that documents sent by electronic mail or other electronic means of communication, including through the Personal Account, have legal force equivalent to documents made in simple writing and are recognized by the Parties as evidence in court. The Parties guarantee the operability of the email addresses specified in the Agreement and independently bear the risks associated with failure to receive, untimely receipt or sending messages, familiarization with their contents in connection with any technical malfunctions in the work of email, lack of access to it for any reason, including lack of access to the Internet, the results of a special sorting of messages, in particular, getting messages in the Spam folder or similar.
11.3. The Licensee does not have the right to transfer its rights and obligations under the Agreement to third parties.
11.4. The Agreement may be terminated by agreement of the Parties at any time or on other grounds provided for by this Agreement and / or the current legislation of Estonia.
11.5. Claim procedure for dispute resolution is obligatory for the Parties. The deadline for responding to a claim is 30 (thirty) calendar days from the date it is received.
11.6. If it is impossible to resolve disputes and disagreements through negotiations, their resolution and consideration is carried out in court at the location of the plaintiff in accordance with the current legislation of Estonia.
11.7. The site may contain links to other sites on the Internet (third-party sites). These third parties and the content of their sites / content are not checked by the Licensor for compliance with any requirements (reliability, completeness, legality, etc.). The Licensor is not responsible for any information, materials posted on third-party sites to which the User accesses using the Site, including any opinions or statements expressed on third-party sites, advertising, etc., as well as for the availability of such sites or content and the consequences of their use by the User.
11.8. When completing the Course by the User, the latter agrees:
a) to post the results of the Course on the Site with the surname, name and patronymic (if any), including those specified in the Personal Account on the Site, in social network accounts;
b) for free placement upon publication of the results of the Course of the User's image indicated in the Personal Account on the Site or in the social network account. The image is used for personalization and visualization of the User.
If the User does not agree to one of the actions indicated above, he needs to write a letter to the address at the email address of the Licensor.
11.9. The provisions of the Agreement and the interaction of the Parties in the performance of obligations under the Agreement are confidential information that neither of the Parties has the right to disclose without the prior consent of the other Party, except as otherwise provided by law and the Agreement.
11.10. All legal relations arising from this Agreement or related to it, including those related to the validity, conclusion, execution, amendment and termination of this Agreement, interpretation of its terms, determination of the consequences of invalidity or violation of the Agreement, are governed by this Agreement and relevant norms of the current legislation of Estonia, as well as business customs applicable to such legal relations on the basis of the principles of good faith, reasonableness and fairness.
DETAILS OF THE LICENSOR
Glory Yachting OÜ (registry code 14285851)
Harju maakond, Keila linn, Linnamäe tee 10, 76605
online-school@yacht-travel.eu
+380 67 327 36 33
