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Purchase of Bluewater E-Learning Courses
These terms and conditions apply to services provided by Blue Water France SARL, a company limited by shares incorporated in France with its principal place of business at 14 avenue, Mirabeau, 06600 Antibes (“Bluewater E-Learning” or “we” or “us”) for the sale of any Bluewater Online Courses purchase through our Bluewater website or Yacht Shop online sales services. Please read these terms and conditions carefully before purchasing an E-Learning course and save a copy for your records. If you do not agree to these terms and conditions by clicking the accept button you will not be able to continue to purchase any E-Learning services from us.
1. Definitions
Course Materials means the information provided by Bluewater E-Learning platform to accompany a course provided as part of the services in hard copy or electronic form.
Commercially reasonable in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.
Fees means the fees paid by you to Bluewater E-Learning platform for the Services.
Force Majeure causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, Government edict or regulation.
Intellectual Property Rights means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating intellectual property rights (registered or unregistered) throughout the world.
E-Learning Course means the delivery by us of an online course pursuant to which you learn course materials remotely.
Yacht Shop means the platform https://yachtshop.bluewateryachting.com/en/
You means the individual purchasing an E-Learning course.
2. E-Learning Courses Services
A full description of the E-Learning courses is available on our Website (www.bluewateryachting.com) and on Yacht Shop, and it includes the requirements and instructions to obtain your certificate after successfully completing an online assessment. We will provide the online courses with reasonable care and skill in accordance with the description set out on the Website and on Yacht Shop. We reserve the right to vary or withdraw any of the E-Learning courses described on the Website and on Yacht Shop without notice.
We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Purchasing E-Learning Courses
In order to purchase any E-Learning courses you must register for an account with us though our website or Yacht Shop. If you already have an account with us you can log into your account using your user name and password in our online sales platform.
Upon payment we grant you access to the purchased E-Learning courses. Your access is personal to you and cannot be shared or exchanged with others.
The starting date of your access is the date of purchase. You will receive upon payment your unique access codes which will be valid for 12 months from the date of purchase or upon completion of your assessment whichever comes first.
We will take all commercially reasonable steps to provide you with uninterrupted access to the E-Learning courses you purchased. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time.
Our joint aim is to provide E-Learning courses of the highest quality. As such, improvements or changes to the Products or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate.
Where your access to your E-Learning courses is restricted for any of the above reasons, we may provide you with a free extension of time at our sole discretion.
4. Pricing & Payment
The price of purchase of E-Learning courses is indicated on our website and on Yacht Shop. Unless otherwise specified at the time you purchase, the fees are inclusive of VAT and/or other local taxes. Fees must be paid in full prior to you obtaining your access codes to any E-Learning course.
You agree to provide payment for the E-Learning courses with a credit card or debit card in the stipulated currency and you will be liable to pay any relevant conversion charges. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Bluewater shall not be responsible for these.
Please note that we must receive your payment in full before providing you with access to the E-Learning courses.
We reserve our right to review and change the pricing of any of our E-Learning courses. This will not affect E-Learning courses that have already been purchased.
Where your order consists of multiple E-Learning courses, each individual course will be treated by us as a separate offer to purchase.
5. Cancellation Policy
Access to your E-Learning course is delivered to you immediately and if you have already accessed all or part the E-Learning course then you shall have no right to cancel your order.
It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the E-Learning courses is inhibited due to insufficient system requirements.
6. Intellectual Property
All Intellectual Property Rights in the course materials for our E-Learning courses and the speeches made by trainers virtual or not are, and remain, the intellectual property of Bluewater.
You are not authorised to:
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the E-Learning course materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means any of the content of our E-Learning courses;
(iii) use the Learning course material Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of our E-Learning courses;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the E-Learning Courses.
7. Data Protection
The nature of the Services provided by us means that we, as Controller, will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data in line with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, “GDPR”)
By purchasing the Services you agree to our Privacy Policy and in addition you agree to:
· gather certain aggregated information about you to enable us to monitor and improve our Services, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
· use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products.
The processing of your Data is carried out for the following purposes:
-to create the relevant accounts.
-to provide the E-Learning Courses.
-to provide the web browsing experience.
Your data may be disclosed to third parties if this is necessary for the fulfilment of the purposes described above.
The Data collected will be stored for a period of time not exceeding the achievement of the purposes described above.
In addition, your personal data may be archived for reason of legal certainty, particularly in the context of litigation for the establishment, exercise or defense of the legal rights of each of the parties.
Pursuant to GDPR, you have the right to access, to rectification (updating), to erasure, to restriction of processing, data portability and to object; right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal; right to lodge a complaint with a supervisory authority relevant to your residence.
Bluewater endeavours to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
If you wish to change or update the data we hold about you, or if you wish to exercise the above-mentioned rights, please e-mail us at info@bluewateryachting.com.
8. Termination
We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you fail to pay your due your Fees.
9. Law and Jurisdiction
This Agreement is subject to French law and the parties submit to the exclusive jurisdiction of the competent courts in France in connection with any dispute hereunder.