VIDEOTEL TERMS OF BUSINESS FOR THE SUPPLY OF COURSES
These Terms of Business (“Terms”) govern the relationship between you, the Customer, and Videotel Marine International Limited. (“Videotel”). By completing and submitting the registration form (“Registration Form”) you accept and agree to be bound by these Terms. If you do not agree with any of these Terms, do not complete the Registration or access any of Videotel’s Courses.
In these Terms the following words and expressions have the following meanings:
“Acceptance” means an Electronic Communication accepting the Registration Form;
“Accrediting Body” means an authority, body or person which has approved and/or endorsed the Course;
“Authenticating Persons” means the Master or Chief Engineer onboard ship or a senior representative of a registered shipping company or recognised maritime institution onshore.
“Certificate” means the confirmation of successful completion of the Course to be provided by Videotel or by the Accrediting Body;
“Customer” means the person named on the Registration Form submitted to Videotel for whom Videotel has agreed to provide the Course in accordance with the Contract;
“Data Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data, or as defined under applicable law. Videotel operates as a Data Controller with respect to the personal data it collects and uses. For a list of Videotel entities, please contact us;
“Electronic Communication” means an electronic communication by email or other electronic means;
“Enrolment Form” means the Course Enrolment & Certificate Application Form (Form F1) completed and signed by the Customer and Authenticating Person(s) for receipt of a Certificate.
“Fees” means the price of the Course plus any other expenses and incidental costs as set out in the Published Literature from time to time;
“Course” means the course to be provided by Videotel for the Customer via its Website and referred to by course title or course reference code in the Registration Form and more particularly described in the Published Literature;
“Payment Processor” means PayPal, Worldpay or other online payment system approved by Videotel;
“Personal Data” means any information regarding an identified or identifiable natural person, or as defined under applicable law.
“Published Literature” means the Website, brochures and other information documents containing details of Videotel and its Courses being offered and any other information that may be relevant to Customers and prospective customers from time to time;
“Registration” means the order to purchase a selected Course submitted by the Customer via the Website as described in the Registration Form;
“Service Provider” means any third-party provider of content or support services authorized by Videotel to provide the Courses, and includes the affiliates, resellers, channel partners and agents of Videotel and such third parties authorized by Videotel;
“Training ID” the identification number provided by Videotel to the Customer to enable the Customer to access the Course;
“Website” means the Videotel websites at URLs www.videotel.com and www.videoteltraining.com.
2.1 Clause headings are for ease of reference only and do not affect interpretation.
2.2 Any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation made under it.
3 Registration and Supply of the Course
The Customer shall register with Videotel by (i) completing the Registration Form and clicking on the “Submit” button at the bottom of the Registration Form; and (ii) paying the appropriate Fees to the Payment Processor.
It is the Customer’s responsibility to identify any errors and to correct them prior to Registration. All information submitted by the Customer must be correct, current, and complete. If Videotel believes that the Customer details are not correct, current, and complete, Videotel shall have the right to refuse Customer access to the Course.
It is the Customer’s responsibility to ensure that all requirements of the Course specified in the Published Literature, including course pre-requisites and the provision of documentary evidence, can be met prior to Registration.
Following Registration by the Customer, Videotel will acknowledge receipt of same on the Website and by Electronic Communication. The Customer may also receive an acknowledgment of payment of the Fees from the Payment Processor.
Acknowledgment of Registration or receipt of payment shall not constitute Acceptance by Videotel.
Following Acceptance of Registration by Videotel and Customer’s payment of the appropriate Fees in accordance with Clause 4 below, Videotel shall provide to the Customer access to the Course purchased by the Customer via issuance of a Training ID to be used for the access period specified in the Published Literature. Videotel shall also provide to the Customer an Enrolment Form.
The Course shall be provided in accordance with the Published Literature relating to the Course from time to time and subject to the terms and conditions of the Contract.
Videotel may correct any typographical or other errors or omissions in any Published Literature, quotation or other document relating to the provision of the Course without incurring any liability to the Customer.
Videotel may at any time and without notifying the Customer make any changes to the Content (as defined below) or format of the Course which are necessary to comply with any applicable statutory requirements or industry practice, or which do not materially affect the nature or quality of the Course. In particular, Videotel reserves the right to alter the Content or format of a particular Course provided that such alterations shall not materially affect the nature or the quality of the Course or the qualification to be gained at the end of the Course.
The Customer shall pay the appropriate Fees upon submission of the Registration Form via the Payment Processor.
Confirmation of payment will be made by Videotel. All payments by the Customer to Videotel shall be fully net, without set-off, deduction for payment processing or counterclaim.
Videotel is not obliged to provide a particular Course for a Customer where the Customer has not paid the Fees in accordance with Clause 4.1.
All charges quoted to the Customer for the provision of the Course are in GB pounds and are inclusive of any Value Added Tax (UK only).
Subject to Clause 10, all Fees paid are non-refundable and non-transferrable and will only be repaid at the sole discretion of Videotel.
5 Rights in Course
The Customer may not under any circumstance transfer the Customer’s right to access the Course to another person or distribute the Course (or any part thereof) purchased without the prior written consent of Videotel. For the avoidance of doubt, the Customer’s user account access credentials, password(s), and/or Training ID (collectively “User Credentials”) must not be disclosed to any other individual(s). The Customer is solely responsible for maintaining the confidentiality of any User Credentials provided to access the Course and shall be fully responsible for all activities that occur under the Customer’s User Credentials. Videotel shall not be liable for any loss incurred by Customer as a result of someone else using the Customer’s User Credentials, either with or without the Customer’s knowledge because the Customer has not maintained the confidentiality of same. The Customer may be held liable for any losses incurred by Videotel, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of the Customer’s User Credentials because the Customer has not maintained the confidentiality of same. The Customer agrees to notify Videotel immediately of any unauthorized use of the Customer’s User Credentials. Videotel reserves the absolute right not to issue User Credentials to any person or entity.
6 IT Compatibility
The Customer understands and agrees that in order to access Videotel’s online training portal and Courses installation of a third-party plug-in may be required.
Videotel shall provide the selected Course via the Website using the technology as described in the Published Literature.
Before Registration the Customer is responsible for ensuring that the computer used to access the Course is capable of supporting the technology used by Videotel. The Customer, at its own expense, shall be solely responsible for providing, maintaining and operating all other software, hardware and computer connectivity equipment used to access the training portal and Course (“Customer Equipment”). Videotel makes no guarantee as to, and bears no responsibility for ensuring compatibility of Customer Equipment with the online training portal and Course.
In the event that the Customer completes Registration and purchases an Course without carrying out the necessary checks to ensure compatibility with Customer Equipment, the Customer acknowledges and accepts that Videotel shall not be held responsible for any technical problems encountered by the Customer following the Customer’s purchase of an Course.
Videotel is not obliged to offer any technical support to the Customer in relation to the use of the Course. Videotel may elect to offer technical support, provided however that the extent of any such technical support offer to the Customer shall be entirely at the discretion of Videotel.
7 Access to the Course
7.1 Upon receipt of the Training ID following Acceptance of the Registration Form, the Customer shall be entitled to access the selected Course via the Website.
Videotel will use reasonable skill and care to ensure that the Courses are available but cannot guarantee uninterrupted availability.
The Customer accepts and acknowledges that periods of downtime may be required in relation to information technology connected to the Courses and to the Website.
The Customer further acknowledges that Videotel shall not be held responsible for any delay or disruptions that are inherent in relation to the operation of the internet and the world-wide-web including but not limited to viruses or other malicious computer programs.
Videotel will use reasonable efforts to seek that the Courses are available 24 hours day 7 days a week. However, Videotel reserves the right to suspend access to the Website and/or the Courses. There may be occasions where access to the Website and/or Courses is interrupted for periodic maintenance or repairs or to carry out upgrades to improve the performance and functionality of the Website and/or Courses. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of Videotel.
8 Customer and User Information and Privacy
8.1 Use and Control of Information.
(a) Personal Data Collected. Videotel collects Personal Data in connection with the Courses. The type of Personal Data Videotel collects may vary depending on the Courses rendered and Customer’s interactions with Videotel. When Customer signs up to receive, add or extend an Course, Videotel collects data Customer voluntarily provides such as names, contact details (address, email and phone number), billing contact details and payment method, and other data detailed on the Registration Form to fulfil the terms of this Contract. At Customer’s election, Videotel supplements this data with information Customer disclosed about its location (such as ZIP or postal code) to provide content that may be of interest to Customer. Videotel also may collect Personal Data when Customer visits a customized website or customer account portal, including email address, telephone number, username or login. More information about Videotel’s data collection practices when browsing Videotel’s Websites can be found at https://videotel.com/privacy/
(b) Use of Personal Data. Videotel uses Personal Data for a variety of business purposes including to enter into a contract; establish or activate accounts; conduct credit reports; provide contracted services, and manage communications with Customer including to provide appropriate technical support; perform accounting, auditing, billing, reconciliation and other collection activities; provide Customer access to customized websites and customer account portals to manage Customer’s account and track data usages; operate and improve the services, including the analysis, enhancement and development of Videotel products and services; at Customer’s election, send newsletters, offers and programs about product and services that may be of interest to Customer; perform data analytics and determine usage patterns, habits, or other preferences; identify and protect against fraud, or other criminal activities; defend against legal claims and comply with applicable law and Videotel policies.
(c) Legal Basis. Videotel collects Personal Data where necessary to perform under the Contract. The Personal Data Videotel collects to enter into a contract with Customer is mandatory to render Courses and comply with the law. Videotel cannot provide Courses or issue Certificates without Customer’s Personal Data as set forth in the Registration Form and Enrolment Form. Videotel also collects and uses Personal Data in accordance with its legitimate business interest, including to improve Videotel’s products and services, perform accounting and other billing and auditing functions, manage information and network security, and perform data analytics. Subject to applicable law, Videotel may use Personal Data in the event of a sale, merger, consolidation, change in control, transfer of assets, reorganization bankruptcy, or liquidation. Where required by applicable law, Videotel seeks Customer’s prior consent to engage in marketing activities and provides Customer the right to opt-out. In other cases, Videotel uses Personal Data to comply with applicable law including to defend or pursue legal claims or as required in response to courts, law enforcement agencies or other legal authorities.
(d) Sharing Personal Data. In order to provide Courses worldwide, Personal Data will be shared with Videotel entities, including those outside of the jurisdiction where the Customer resides. Access to Personal Data is only to those who require such access to perform their tasks and to third parties who have a legitimate purpose for accessing it. Personal Data also will be shared with our Service Providers in order to render the Courses, including to fulfil orders, process data on Videotel’s behalf, provide direct marketing services, or provide technical support. Videotel Service Providers are contractually bound to use Personal Data for the service they were hired to perform. In certain circumstances, it may be necessary for Videotel to share Personal Data with legal advisors, banking institutions, creditors, auditors or to protect Videotel’s legal rights.
(e) Security. Videotel employs industry standard administrative, technical and physical safeguards designed to protect Personal Data against accidental, unlawful, or unauthorized destruction, loss, alteration, access or use. Still, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, Videotel cannot guarantee that Personal Data is under absolute security with the existing security technology. Contact email@example.com with any questions about the security of the Personal Data.
(f) Rights and Choices.
- Customer may opt-out at any time to receiving direct marketing materials from Videotel and its Service Providers by contacting Videotel in writing at the following address: Videotel, 2nd Floor, The Place, 175 High Holborn London WC1V 7AA. Attention: Courses Department OR via email to firstname.lastname@example.org
- To the extent required by applicable law, Customers and other third parties are entitled to obtain access to information on Videotel’s processing of the Personal Data supplied, to object to processing of the Personal Data, make use of the right to data portability and to have the Personal Data rectified or deleted or their processing restricted. Contact email@example.com to exercise these rights or learn more about Videotel’s Personal Data protection practices. Customers also may lodge a complaint with the competent supervisory authority or seek other remedies under applicable law.
(g) Personal Data Retention. Videotel retains Personal Data no longer than necessary in relation to the purposes for which it was collected or otherwise processed. To the extent required by applicable law, Videotel will erase or destroy Personal Data when Customer withdraws consent (where lawfulness of processing was based on consent and there is no other legal ground for the processing it); when Customer objects to the processing and there are no overriding legitimate grounds for the processing; when Customer’s Personal Data has been unlawfully processed; and when it is necessary to comply with legal obligations to which Videotel is bound.
- Communications with Customer.
Videotel may from time to time communicate with Customer on technical or operational matters pertaining to the Courses, their features, their use, their Service Providers, for example, to respond to inquiries, fulfil orders, administer Courses or address technical matters using online, facsimile, telephone, e-mail and mail, and with Customer’s consent, using SMS/text. In addition, with the Customer’s consent, Videotel and its business partners’ may also contact Customer on marketing matters pertaining to their products and services, events and special offers. Customer acknowledges that its interactions and communications with Videotel, its representatives and Service Providers may be monitored or reviewed for quality control and other reasonable business purposes.
9 Warranties and Liability
Videotel warrants to the Customer that the Course will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Registration Form and Published Literature and at the time or times referred to in the Registration Form.
Videotel shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract for any direct, indirect, special, incidental, consequential or exemplary loss, damage, costs, expenses or other claims (whether caused by the negligence of Videotel, its servants or agents or otherwise) which arise out of or in connection with the provision of the Course. These exclusions for direct, indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if Videotel had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Videotel’s liability in such state or jurisdiction shall be limited to the extent permitted by law. In any event, if any of the above provisions in this Clause 9.2 are not enforceable in an applicable jurisdiction, the maximum liability of Videotel under or in connection with the Contract shall not exceed the total aggregate amount of the Fees paid by Customer for the selected Course. The limitation above is not intended to deprive and does not deprive the Customer of any rights the Customer may have under mandatory applicable consumer protection laws.
Videotel shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Course and, for the avoidance of doubt, time shall not be of the essence under the Contract.
The Customer shall bear sole responsibility for ensuring that the Course described in the Published Literature is in accordance with the Customer’s requirements. Subject to Clauses 3.9 above, the content of the Course is limited to those matters and subjects as are specifically set out in the Published Literature or other information that may be supplied to the Customer by Videotel in relation to the Course.
Videotel warrants to the Customer that it will use commercially reasonable efforts to ensure that the Course is structured for and contains the appropriate information to achieve the specific standards or qualifications specifically described in the Published Literature (or as amended in accordance with Clause 3.9) in relation to the Course, but Videotel does not warrant that such standards or qualifications will be achieved by any Customer or that any Course is appropriate for the specific requirement of the Customer.
Videotel does not warrant the security or integrity of any third-party software or system used by the Customer to capture, store, transmit, receive or process data specified in the Published Literature. Videotel cannot be held liable for any direct or indirect costs or charges incurred or associated with the same.
Subject to Clause 10.2 below, the Customer may cancel the Registration at any time within seven (7) days of submission of the Registration Form by notice in writing referring to this Clause 10.
The Customer will not be entitled to cancel the Registration once the Customer has accessed the selected Course using the Training ID provided by Videotel in accordance with the Contract.
Upon completion of a Course or in the event of cancellation of Registration, Videotel will manage Personal Data in accordance with its record keeping policies.
In the event that Customer cancels the Registration in accordance with Clause 10, Videotel shall as soon as practicable refund the Fees to the Customer (the “Refund”), PROVIDED THAT Videotel shall be entitled to deduct from the Refund any reasonable administrative charges it has incurred as a result of the Customer’s cancellation.
If the Customer successfully completes the Course and submits an Enrolment Form with all documentary evidence as specified in the Published Literature, a Certificate from Videotel or the Accrediting Body will be awarded to the Customer to be delivered to the Customer at the address provided by the Customer on the Enrolment Form or as otherwise agreed.
If the Customer is unsuccessful in completing all or part of the Course, Videotel will endeavour to assist the Customer in accordance with the Published Literature, for which re-registration and/or re-submission fees may be payable by the Customer.
Completion of any Course or the issuing of any Certificate does not constitute a warranty as to the aptitude, ability or suitability of the Customer for any specific role or responsibility.
Videotel reserves the right to refuse to send the Certificate to the Customer if the Customer is in breach of any of the terms of the Contract or if the Customer fails to complete the Course successfully.
11.5 Videotel shall not be responsible for the loss of the Certificate but shall have the option, at its sole discretion, to re-issue a Certificate to the Customer for which an administration charge may be payable to Videotel.
12 Entire Agreement
The Contract shall constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
Any notice required or permitted to be given by either party to the other under the Contract shall be sent by first class mail air mail or Electronic Communication and shall be addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
Notices sent in accordance with Clause 13.2.1 above shall be deemed to be received three (3) working days after the day of posting (in the case of inland first-class mail), seven (7) days after the date of posting (in the case of airmail) and on the day it was sent (in the case of an Electronic Communication).
Videotel reserves the right to assign any of its obligations under this Contract without prior notice to or consent by the Customer
No failure or delay by either party in exercising any of its rights under this Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of the Contract is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
17 Force Majeure
Videotel shall not be liable in any way for a failure to perform or delay in performing its obligations under this Contract if the failure or delay is due to causes outside its reasonable control.
18 Third Parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision herein, this Contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its terms.
19 Law and Jurisdiction
The validity, construction and performance of these Terms and the Contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the parties submit.