THIS WEBSITE IS OWNED AND OPERATED BY EXACT SOLUTIONS AND SERVICES LIMITED.
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF OUR WEBSITE (WWW.SPLASHSEASCHOOL.COM) (THE "WEBSITE"), YOUR ACCESS TO, AND UNDERTAKING AND USE OF OUR DISTANCE LEARNING COURSES AND YOUR RELATIONSHIP WITH EXACT SOLUTIONS AND SERVICES LIMITED ("WE" "US" or “OUR). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN EXCLUSIONS AND LIMITATIONS OF OUR LIABILITY TO YOU AND AFFECT YOUR RIGHTS AND LIABILITIES UNDER THE LAW.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 7 AND 9.
IF YOU REGISTER ONLINE WITH SPLASH SEA SCHOOL YOU CONFIRM THAT YOU AGREE TO THESE TERMS AND CONDITIONS UNCONDITIONALLY, AND YOU WILL THEN BE ABLE TO PROCEED AND PURCHASE A DISTANCE LEARNING COURSE TO WHICH THESE TERMS AND CONDITIONS WILL APPLY.
If you have any questions about these terms and conditions, please contact our customer support team:
Tel: 0845 009 7245 (Calls charged at local call rate from landline. Mobile charges vary)
1. DEFINITIONS & INTERPRETATION
1.1. In these conditions, the following definitions shall apply:
1.1. Company, We, Us or Our means Exact Solutions and Services Limited trading as Splash Sea School, a company registered in England and Wales under number 04451383 whose registered office address is at 130 Bournemouth Road, Chandlers Ford, Hants SO53 3AL.
1.1. Customer or You means the person, firm or company that purchases a Distance Learning Course and related Goods from us.
1.1. Course Materials means the materials (or any part of them) that are provided with the purchase of the Distance Learning Course as set out in the Order.
1.1. Distance Learning Course shall refer to the RYA approved theory courses listed on Our Website.
1.1. Order means your order for the Distance Learning Course as set out at the checkout on Our Website.
1.1. RYA shall refer to the Royal Yacht Association.
1.1. Website means the domain name www.splashseaschool.com which is owned and operated by Us.
1.2. The headings in these terms and conditions are inserted for convenience only and shall not affect its construction;
1.3. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it;
1.4. Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.5. A reference to writing or written includes faxes and e-mails.
2. THE CONTRACT BETWEEN US
2.1. These Conditions apply to the Contract to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2. The Order constitutes an offer by You to purchase the Distance Learning Course in accordance with these Conditions.
2.3. You will receive an e-mail confirmation for Your Order which shall only indicate that We have received Your Order. It shall not indicate that We have accepted Your Order even if payment is taken.
2.4. The Order shall only be deemed to be accepted once We have enrolled You on the Distance Learning Course, at which point the Contract shall come into existence unless We have notified You that:
2.4.1. We do not accept Your Order;
2.4.2. Deliveries for the Course Materials cannot be made to Your area;
2.4.3. The Distance Learning Course cannot be supplied;
2.4.4. The Distance Learning Course You ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by Us from Our suppliers; or
2.4.5. You have cancelled the contract in accordance with Section 7.
2.5. We shall not be obliged to supply the Distance Learning Course or any materials ordered by You until full payment is received.
2.6. In the event that Your Order is refused, We will notify You by e-mail and We will refund the sum deducted from Your payment card as soon as possible within 28 days of the Order.
3. PRICES AND PAYMENT
3.1. The price of the Distance Learning Course shall be the price set out at the checkout on Our Website.
3.2. Prices listed on Our Website shall be inclusive of value added tax (VAT) where applicable at the prevailing rate.
3.3. We may, by giving notice to You at any time before delivery, increase the price of the Distance Learning Course to reflect any increase in the cost of the Course or Course Materials that is due to:
3.3.1. any factor beyond Our control (including foreign exchange fluctuations and increases in taxes and duties);
3.3.2. any request by You to change the delivery date(s), address, quantities or the type of Distance Learning Course ordered; or
3.3.3. any delay caused by any of Your instructions or failure to provide Us with adequate or accurate information or instructions.
3.4. Payment for the Distance Learning Course shall be made by the online payment facility on the Website which is provided by RBS World Pay. We do not store Your payment card details.
4.1. We shall ensure that an email is sent to You after placing Your Order which shows the date of the Order, the expected date of delivery for the Course Materials, all relevant Customer and Company reference numbers, details of the Distance Learning Course ordered and the enrolment instructions.
4.2. We shall use a third party Courier to deliver the Course Materials to the location set out in the Order. For delivery outside UK, should you not wish to take the extra charge option for courier, please email Splash to discuss.
4.3. You shall be responsible to pay the costs of any customs duties, taxes or charges due in relation to the delivery of the Goods to a location outside of the EU.
4.4. Delivery of the Course Materials shall be completed upon their arrival at the delivery location. Where the consignee delivery address is C/O a third party or a Marina or a Shipping Agency address or similar, We shall not be liable for any subsequent loss of the Course Materials once signed for as received. Any replacement Course Materials will only be provided at the purchaser’s expense.
4.5. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Course Materials in accordance with clause 4.6 below.
4.6. If We fail to deliver the Course Materials within 28 days from the time You placed the Order, Our liability shall be limited to the Order total. We shall have no liability for any failure to deliver the Course Materials to the extent that such failure is caused by a Force Majeure Event (defined under Section 13 below) or Your failure to provide Us with adequate delivery instructions or any other instructions that are relevant to the supply of the Distance Learning Course and the Course Materials.
4.7. If You fail to accept delivery of the Course Materials when the Courier attempts to deliver the Course Materials, an additional delivery charge at cost price shall apply for the re delivery of the Course Materials.
4.8. In the event that you fail to accept delivery of the Course Materials after the second delivery attempt, You shall collect the Course Materials from their location at the Courier’s depot. In the event that you fail to collect from the Courier’s depot within seven (7) days and the Course Materials are returned to Us, We will re-send them to You only after payment of the return to Us charge and the second shipping fee. The same will apply if the Course Materials are returned to Us for any other reason such as incorrect address provided.
4.9. Further to clause 4.7 above, We shall not be liable to provide You with a refund in the event that the Course Materials are disposed of due to Your failure to accept delivery of the Course Materials within the timescales and conditions stated under this Section 4.
5. COMPATIBILITY REQUIREMENTS
5.1. The Distance Learning Course will be accessible by a computer, mobile device or tablet that is connected to the internet.
5.2. Browser compatibility shall be configured for the present version of Chrome, Internet Explorer, Mozilla Firefox and Safari.
5.3. You shall be solely responsible to ensure that You have the appropriate hardware and software required to enable Your access to Our Website and the Distance Learning Course.
6. AVAILABILITY OF THE DISTANCE LEARNING COURSE
6.1. Whilst We shall use reasonable care and skill in the supply of the Distance Learning Course, You acknowledge that the supply of the Distance Learning Course is subject to the inherent technical and operational limitations of the internet, including, but not limited to, the lack of security and unreliability of its communications, the evolving nature of its organisational, legal and regulatory framework, and the potential inaccuracy and variable standards of its relevant data repositories and the supply of the Distance Learning Course is therefore made without guarantee as to the accuracy or completeness for which we shall have no liability to You or any third party.
6.2. In the event that a fault or error occurs with Your access or use of the Distance Learning Course, You should report it to Us using Our contact details at the beginning of these terms. We will attempt to remedy the fault or error as soon as reasonably possible.
6.3. Your access to Our Website and the Distance Learning Course may be restricted from time to time to allow for maintenance, repairs and updates. We shall notify You by e-mail of such planned restricted access and we will use Our reasonable endeavours to restore Your access to Our Website and Distance Learning Course as soon as reasonably possible.
6.4. From the date of purchase You will be able to access Your online course for a period of 12 months. You may request a further 6 months extension of course access for which there will be no charge. Your access will terminate at the end of that period. You may then purchase further periods of access to your course at a charge of £50 per 6 month period, or £75 per 12 months. Extensions will not be available to permit a total access period longer than 5 years.
7. CANCELLATION AND REFUNDS – PLEASE READ CAREFULLY
7.1. Where You have purchased the Distance Learning Course from Us as a consumer (i.e. for Your own private use as opposed to commercial/business use) You are entitled to cancel Your contract with Us within fourteen (14) days from the date the contract is formed, subject to the following provisions.
7.2. You do not have the right to cancel the contract if You have enrolled on the Distance Learning Course, with your agreement, before the end of the fourteenth (14th) day cancellation period. This is due to Our Service commencing by providing You with access to the privileged information contained in Our Distance Learning Course.
7.3. For the avoidance of doubt, enrolment shall take place once You have purchased the Distance Learning Course and been issued with the login to access the course.
7.4. To exercise Your right to cancel the contract, You must provide Your notice of cancellation by one of the following methods:
7.4.1. By e-mail: firstname.lastname@example.org
7.4.1. By telephone: 0845 009 7245 (Calls charged at local call rate from landline. Mobile charges vary).
7.5. Where the Course Materials are being returned to Us without any faults or defects, You must return the Course Materials to Us at Your own expense. The Course Materials must be returned to Us in their original selling condition within ten (10) working days after You have given notice of cancellation. Should We arrange return carriage, We shall deduct the cost of the return carriage from the sum owing to You. As our Course Materials shipping charges by courier to addresses outside UK are an option, they will not be refunded.
7.6. In the event that the Course Materials have arrived damaged, are faulty or not fit for purpose, You must notify Us in accordance with the methods described above once You have inspected the Course Materials upon their delivery to You. We shall meet the cost of the return carriage and we shall either replace the Course Materials or provide a full refund for the Course Materials accordingly within 28 days of receiving the Course Materials.
7.7. You must exercise reasonable care and skill when packaging the Course Materials in order to ensure their safe return.
7.8. The title and risk to the Course Materials shall remain with You until We are in receipt of the Course Materials and We have confirmed their contents.
8. CUSTOMER WARRANTIES – PLEASE READ CAREFULLY
8.1. You warrant that to the best of Your knowledge, information and belief that all information supplied to Us before and during the term of this Agreement will be accurate and not in any way contrary to any applicable law; and
8.2. You are legally permitted to enter into a legally binding contractual relationship with Us.
9. LIMITATION OF LIABILITY – PLEASE READ CAREFULLY
9.1. Nothing in these Terms shall exclude or in any way limit Our liability for fraud, misrepresentation, death or personal injury caused by Our wilful misconduct or negligence.
9.2. These terms shall not affect any rights You have as a consumer under any statute which cannot be excluded or limited by the terms of this Contract.
9.3. Our maximum aggregate liability under or in connection with these Terms will in no circumstances exceed the monetary value of Your Order.
9.4. Any performance dates, time deadlines or milestones set out in Your Order are estimates only and time for performance Us shall not be of the essence under these Terms.
9.5. We shall not be liable for any consequential loss arising from, or in connection with, Our supply of the Distance Learning Course and Course Materials.
9.6. For the avoidance of doubt, ‘consequential loss’ shall include, but not be limited to (i) Pure economic loss (ii) Loss of profits (iii) Losses incurred by any third party (iv) Loss of revenue (v) Loss of goodwill and reputation (vi) Loss of opportunity.
9.7. We shall not be liable for any damage or injury suffered in connection with the application of the methods and techniques described in the Distance Learning Course. The safe application of the methods and techniques described in the Distance Learning Course shall be Your strict responsibility.
9.8. We shall not be liable for any failure or delay to provide You with access to the Distance Learning Course where that failure or delay is beyond Our reasonable control.
10. INTELLECTUAL PROPERTY
10.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of Our Website, Distance Learning Course and Course Materials shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
10.2. You acknowledge and agree that the material and content contained within Our Website, Distance Learning Course and Course Materials is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of Our Website, Distance Learning Course and Course Materials is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
11. THIRD PARTY RIGHTS
11.1. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than the Company and the Client shall have any rights under it.
12.1. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms shall not be affected.
13. FORCE MAJEURE
13.1. We shall not be liable for any failure or delay in performing Our obligations under this Contract to the extent that such failure or delay is caused by a Force Majeure Event.
13.2. A Force Majeure Event means any event beyond Our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including server downtime, strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, snow, severe ice, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
14. DATA PROTECTION
14.1. By providing Your personal information to Us You consent to Us holding and processing Your data in accordance with the Data Protection Act 1998 of which We are a registered Data Controller under the name of Splash Sea School for the purpose of the Act.
14.2. We are committed at Splash to fully respect our customers’ privacy. Regarding Data Protection, we comply fully with the 1998 Data Protection Act, and will not pass on any details such as e-mails or contact details to any other organisations. We do not store any credit card details, and any information kept is purely for the delivery of our training courses and providing our clients with information on our products and services that we feel may be of interest. Should you wish not to continue to receive such information, then please e-mail us requesting this and you will be removed from our list.
15. ENTIRE AGREEMENT
15.1. This Agreement shall set out the whole of our agreement relating to the supply of the Distance Learning Course by Us to You.
16. GOVERNING LAW
16.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be referred to an independent arbitrator and governed by and construed in accordance with English law.
16.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that cannot be resolved by an independent arbitrator.