Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

This website is owned and operated by 9383-3911 Quebec Inc. www.virtual-maritime-academy.com (we or us).  We are a company registered in Quebec, Canada and have our registered office and main trading address is 11075 Boul Henri-Bourassa, CP 65054, Quebec, Quebec, Canada, G1G 3X0.

These terms and conditions apply to all orders you, the customer (“you”), place with us via this website and constitute the entire and only agreement between us. Please read these terms and conditions carefully before ordering any of the online courses and / or other services displayed on our website (“Services”). You should understand that by ordering any of the Services displayed on our website, you agree to be bound by these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our website.

Use of our Website

These terms of use (together with the documents referred to in them) tell you the terms of use on which you may make use of our website www.virtual-maritime-academy.com(our site), whether as a guest or as a registered user.  Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.  We recommend that you print a copy of them for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other Applicable Terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our privacy policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our acceptable use policy, which sets out the permitted uses and prohibited uses of our site.  When using our site, you must comply with this acceptable use policy.
  • Our cookie policy, which sets out information about the cookies on our site.

Changes to These Terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we make, as they are binding on you.

Changes to Our Website

We may update our site from time to time, and may change the content at any time.  However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing Our Website

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.  Access to our site is permitted on a temporary basis only.  We may suspend, withdraw, discontinue or change all or any part of our site without notice.  We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

Your Account and Password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential.  You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at the following email address: info@virtual-maritime-academy.com.

Intellectual Property Rights

We are the owner or the licensee (as the case may be) of all intellectual property rights in our site and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy and may download extracts, of any page(s) from our site for your personal use, and you may draw the attention of others within your organization to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No Reliance on Information

The content on our site is provided for general information only.  It is not intended to amount to advice on which you should rely.  You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.  In particular, you must exercise your own judgment in deciding whether a course is suitable for your specific requirements.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of Our Liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use.  You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site.  Such links should not be interpreted as an endorsement by us of those linked websites.  We will not be liable for any loss or damage that may arise from your use of them.

Uploading Content to Our Website

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.  If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary.  You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited license to use, store and copy that content and to distribute and make it available to third parties.  The rights you license to us are described in the next paragraph (Rights you license).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our acceptable use policy.

The views expressed by other users on our site do not represent our views or values.

Rights You License

When you upload or post content to our site, you grant the following licences:

  • a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to us to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the service provided by our site (including without limitation for use by us to promote our site or the service), and in all and any media.
  • a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to other users of our site and our advertisers, business associates and affiliates to view that content in connection with the service provided by our site.

 Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site.  You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.  You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.  By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use our site will cease immediately.

Linking to Our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of content on our site other than that set out above, please contact course@virtual-maritime-academy.com.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable Law

If you are a consumer, please note that these terms of use, their subject matter and formation, are governed by Canadian law.  You and we both agree that the courts of Canada will have non-exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and formation (and any non-contractual disputes or claims) are governed by Canadian law.  We both agree to the exclusive jurisdiction of the courts of Canada.

Trademarks

Virtual Maritime Academy (VMA) are trademarks of 9383-3911 Quebec Inc.

Placing an Order Online

You may place an order with us through this website in relation to the Services sold on our website. We will send you an email acknowledging your order, which will confirm the order details and details of how to access the purchased Services. A binding contract will only come into force between us once you have received this acknowledgment email.

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

All orders are subject to availability and we reserve the right to reject any order for any reason. If we reject an order (for whatever reason) we will inform you as soon as possible.

Placing an Order by Telephone or Email

In certain circumstances, you may wish to purchase courses by means other than on our website. In such cases, you may place an order with us by telephone or email in relation to the Services sold on our website.

We will establish contact with you to discuss your requirement which will also confirm the order details and details of how to access the Services once sufficient funds have been paid to us. A binding contract will only come into force between us once you have received an acknowledgment email from us.

All orders are subject to availability and we reserve the right to reject any order for any reason. If we reject an order (for whatever reason) we will inform you as soon as possible.

Payments made under a Company Purchase Order Number must be received by us within 30 days of placing the order. Late payments charges and interest may apply.

Description

All descriptions, specifications, advertising, and overview information displayed on our website in relation to the Services are issued or published for the sole purpose of giving an approximate idea of the Services to be provided. They will not form part of the contract between us. The Services delivered may differ in non-material respects from the information provided on our website.

We may make any change to the specification or design of the Services which are required to conform with or to any applicable safety, statutory or regulatory requirement or do not materially reduce their quality.

Price of the Services

The price(s) of the Services are displayed on our website at the time you place your order. Unless stated otherwise, all prices stated on our website are exclusive of value added tax.

All prices are subject to change without prior notice.

Our website contains a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on our website may be incorrectly priced. We will not be obliged to supply the Services at the incorrect price, even if we have accepted your order.

Payment

We must receive payment in full for all the Services you order before your order can be processed. Payment for the Services will be taken through our third party payment provider (PayPal). Payment will be received by us upon confirmation from such provider that the transaction has been completed.

Payment for orders made via email must be paid for in full prior to receiving your course login details unless alternative arrangements have been fully agreed to by us in the form of an email to you.

Course Certification (Digital)

At the end of non-accredited courses, you may access the Course Completion Certificate, which will be located in your certificate area. This may be opened, saved or printed and is free of charge.

Official Certification will be emailed to the student upon successful completion of their course, final assessment and submission of required documentation as described in the course itself. Failure to submit these forms or request the waiver (in effect) as detailed within the course, or complete the course satisfactorily may result in serious delays to your certification being awarded. These digital certificates are provided free of charge.

Course Certification (Hard Copy)

Student will be mailed hard copy of their certificate to the address sent during course registration.

Cancellation and Refunds

Services provided by Virtual Maritime Academy will remain active for 12 months from the date of purchase unless other indication and/or whenthe course is completed whereby access will be removed.

You may cancel any order for Services (or part thereof) and receive a refund in respect of such at any time before such Services (or part thereof) are accessed. You will not be able to cancel an order for any part of the Services once they have been accessed.

If you do not access the Services during the twelve (12) months following the date on which they were ordered, we reserve the right to cancel the order and withdraw your access to such Services. You will not receive a refund if the order is canceled as described in this paragraph.

The Services will be deemed to have been “accessed” when the relevant online course is commenced or any associated materials are loaded or viewed by someone utilizing your account.

Privacy

Please refer to our Privacy Policy on our website for a full copy of our Privacy Policy and information on how your personal information will be handled and processed by us.

Liability

Save to the extent permitted by law, we (and any of our group companies and the officers, directors, employees, shareholders, sub-contractors or agents of any of them) exclude all liability and responsibility from any amount or kind of loss or damage arising out of or in connection with your use of the Services.

We do not exclude or attempt to limit in any way our liability:

  • for personal injury or death resulting from our negligence;
  • for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability; or
  • for fraud or fraudulent misrepresentation.

Subject to the exclusions/limitations set out above, we shall not be liable to you for any indirect or consequential loss or damage of any nature whatsoever arising and whether caused in tort (including negligence), breach of contract or otherwise (even if foreseeable), any loss of income or revenue, loss of business, loss of profit of contracts, loss of anticipated savings, wasted third party costs, and/or loss of data, management or office time.

We will perform and deliver the Services with reasonable care and skill. We do not give any other representation, warranty or undertaking in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes and do not guarantee any specific results from participating in the online learning courses.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an order that is caused by Force Majeure (an event outside our control).

Force Majeure means any act or event beyond our reasonable control, including without limitation server failures, software failures, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

Our Right to Vary These Terms

We may revise these terms from time to time in the following circumstances:

  • changes in how we accept payment from you;
  • changes in relevant laws and regulatory requirements; or
  • any other changes to our operating or delivery processes.

Every time you order Services from us, the terms in force at that time will apply to the contract between you and us.

General

We always try to ensure that our website is always available for you. In the event that our website is unavailable at any time and for any period (for whatever reason) we shall not be liable even if this means you cannot access the Services during that period.

If any provision within these terms and conditions is held by any competent authority to be invalid or unenforceable (in whole or in part) the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.

These terms and conditions (including in relation to any non-contractual obligations) shall be governed by and interpreted in accordance with Canadian law and subject to the exclusive jurisdiction of the Canadian courts.