Terms and Conditions

These terms and conditions apply to the Service provided by Port Training limited
(“PTL” or “we” or “us”). Please read these terms and conditions carefully before
purchasing.

“Service” means the provision of the UKHMA Harbour Master Certificate Programme
via a number of online platforms, and includes hosting webinars, tutorials, provision
of access to Programme material and any other activity connected to the
Programme, according to the published Rules of the UKHMA in respect of this
Service.

If you do not agree to these terms and conditions you must cease to continue to
purchase any Service from us. Purchasing any of our Service, will be deemed as
conclusive acceptance of these terms and conditions.

1. OUR TERMS

1.1

What these terms cover. These are the terms and conditions on which we supply
the Service to you.

1.2

Why you should read them. Please read these terms carefully before you subscribe
to the Service. These terms tell you who we are, how we will provide Service to you,
how you and we may change or end the contract, what to do if there is a problem
and other important information.

1.3

This is our entire agreement with you. These terms constitute the entire
agreement between us in relation to your purchase. You acknowledge that you have
not relied on any statement, promise, representation, assurance or warranty made
or given by or on behalf of us which is not set out in these terms and that you shall
have no claim for innocent or negligent misrepresentation based on any statement
in this agreement.

2. INFORMATION AND HOW TO CONTACT US

2.1

Who we are: We are Port Training Limited.

2.2

How to contact us: You can contact us by emailing us at admin@porttraining.co.uk

2.3

How we may contact you. If we have to contact you we will do so by telephone or
by writing to you at the email address or the postal address you have provided.

2.4

“Writing” includes emails. When we use the words “writing” or “written” in these
terms, this includes emails.

3. OUR CONTRACT WITH YOU:

3.1

Our contract is solely with you: You are liable for the full costs of the Service.
While we accept that some individuals may be sponsored by their employers, you
are solely responsible for the payment of the Service in the event of your sponsor
failing to support you in this endeavour. You are the individual named in the online
Booking Form which you complete on application for the Service.

3.2

How we will accept your order. Our acceptance of your order will take place when
we email you to accept you on our Programme (after you have completed the online
Booking Form and have met the criteria for acceptance) at which point a contract
will come into existence between you and us.

3.3

Payment Terms: The Service will only be provided once payment has been made in
full. Should there be any delays Service delivery may be postponed, unless by prior
agreement with us. Invoices should be paid by return and no later than thirty days
from date of invoice.

3.4

If we cannot accept your order. If we are unable to accept your order, we will
inform you of this in writing. This may be due to a number of factors, usually because
you do not meet the criteria for acceptance onto the Programme as laid down by
our regulating authority.

3.5

Our agreement. On acceptance of your order we agree to provide the Service with
reasonable skill and care in accordance with your order provided that you make the
necessary payments relating to your order. We do not make any guarantee that you
will obtain a particular outcome or employment opportunity as a result of your
order.

We will use all reasonable endeavours to provide the Service on the dates and at the
times agreed with you, but any such dates are estimates only and failure to perform
the Service on the specified dates and at the specified times will not give you the
right to terminate your contract.

Although we make reasonable efforts to update the information on our website, we
make no representations, warranties or guarantees, whether express or implied,
that the content on our site is accurate, complete or up to date.
For the avoidance of any doubt, time shall not be of the essence for the purposes of
our carrying out the Service pursuant to this contract.

3.6

Your responsibilities. It is your responsibility to ensure that:
• You provide us with all accurate information that we request from you in
order to provide the Service
• You keep any password or link to sharing websites for accessing the Service
secure and do not share either with any other individual.
• You pay, or arrange the payment from your sponsor (if applicable), before the
start date of the Service.

4. SERVICE AND DELIVERY

4.1

Delivery. Once payment has been received for the Service and your order has been
confirmed by us, the Service will be provided on the agreed date.

5. OUR RIGHTS

5.1

Changes to terms and conditions. We may need to change our terms and conditions
from time to time, for business purposes or due to new legislation.

6. YOUR RIGHTS TO END THE CONTRACT

6.1

Exercising your right to change your mind if you are a consumer (Consumer
Contracts Regulations 2013). If you are a consumer, then for most Services bought
online you have a legal right to change your mind within 14 days and receive a refund
for the Service. You will be refunded within 14 days of us receiving your written
request for a refund. However, this right to change your mind does not apply to
software products. By providing payment and receiving the Service to your device
you will be deemed to have commenced the Programme, and you are therefore
waiving your right to withdraw from the contract.

6.2

Ending the contract where we are not at fault and there is no right to change
your mind. Even if we are not at fault and you are not a consumer who has a right
to change your mind (see Clause 7.1), you can still end the contract by giving at
least 14 days’ notice prior to the commencement of your allocated Programme start
date.

7. HOW TO END YOUR CONTRACT WITH US (including if you are a consumer who has changed your mind)

7.1

Tell us you want to end the contract. To end the contract with us, please notify us
in writing by email at admin@porttraining.co.uk
Please provide your name, address, details of the order and, where available your
contactable phone number and email address.

7.2

How we will refund you. If you are entitled to a refund under these terms we will
refund you the price you paid for the Service, by the method you used for payment
within 14 days of the date on which you have notified us of your wish to cancel the
contract. However, we may make deductions from the price, as described below.

7.3

When we may make deduction from refunds if you are a consumer exercising
your right to change your mind. If you are exercising your right to change your
mind, we may deduct from any refund an amount for the supply of the Service for
the period for which it was supplied, ending with the time when you told us you had
changed your mind. The amount will be in proportion to what has been supplied, in
comparison with the full coverage of the contract.

7.4

When your refund will be made. We will make any refunds due to you as soon as
possible, but in any event, within 14 days of you telling us that you have changed
your mind.

8. OUR RIGHTS TO END THE CONTRACT

8.1

We may end the contract for the Service at any time by writing to you if:
(a) you fail to keep secure, or intentionally share your password or link to any online
platform or online portal and as a result any other individual is able to access the
Service using your password; or
(b) you are otherwise in breach of these terms and conditions.

8.2

We may withdraw the provision of the Service. We may write to you to let you
know that we are going to stop providing the Service. We will endeavour to inform
you at least 1 month in advance of our stopping the supply of the Service and will
refund any sums you have paid in advance for Service which will not be provided.

9. IF THERE IS A PROBLEM WITH THE PROVISION OF SERVICE

How to tell us about problems. If you have any questions or complaints about the
Service we provide, please contact us. You can email us at
admin@Porttraininglimited.co.uk.

10. PRICE AND PAYMENT

10.1

Where to find the price for the Service. The price of the Service (which includes
any applicable VAT at the rate applicable at the time of order) will be the price
indicated on the website pages when you placed your order. We use our best efforts
to ensure that the price of the Service advised to you is correct. However please see
Clause 10.2 for what happens if we discover an error in the price of the Service you
order.

10.2

What happens if we got the price wrong. It is always possible that, despite our best
efforts, some of the Service we sell may be incorrectly priced. We will normally
check prices before accepting your order so that, where the Service’s correct price
at your order date is less than our stated price at your order date, we will charge
the lower amount. If the Service’s correct price at your order date is higher than
the price stated to you, we will contact you for your instructions before we accept
your order.

10.3

When you must pay and how you must pay. We accept payment through direct
deposits into our bank account.

10.4

No right of set-off if you are a business customer. If you are a business customer
you must pay all amounts due to us under these terms in full without any set-off,
counterclaim, deduction or withholding (other than any deduction or withholding of
tax as required by law).

11. OUR RESPONSIBILITY FOR LOSS AND DAMAGE

11.1

Liability. We do not accept any liability for:
• any loss or corruption of data resulting from using our online Service or any
other IT issues resulting therefrom;
• any costs, fees or expenses arising directly or indirectly from your taking part
in the Service;
• any loss of profit, revenue or goodwill, or
• any indirect, special or consequential losses, costs or expenses arising from
any breach of the terms of our contract.

11.2

Exclusion of conditions and warranties. Except to the extent that they are
expressly set out in these terms and conditions, all other conditions and warranties
given by us are excluded to the fullest extent permitted by law.

11.3

Limitation of liability. Subject to clause 11.4 below, and notwithstanding anything
to the contrary contained or referred to herein, our total liability to you arising from
or in connection with the Service (and whether the liability arises as a result of
breach of contract, negligence or otherwise) shall be limited to 50% of the payment
received by us from you in connection with the relevant Service.

11.4

Limit of exclusion of liability. Nothing in this Agreement shall exclude or limit our
liability for (i) death or personal injury caused by negligence, (ii) fraudulent
misrepresentation or (iii) any other matter which under English law may not be
limited or excluded.

11.5

No subsequent claims. No claim may be brought more than six months after the last
date on which the Service concerned have finished or ceased to be provided by us.
11.6

Following termination of your agreement. This Clause 11 shall continue to apply
following termination of your agreement with us.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

12.1

How we will use your personal information. We will only use your personal
information as set out in our Privacy Policy.

13. OTHER IMPORTANT TERMS

13.1

We may transfer this agreement to someone else. We may transfer our rights and
obligations under these terms to another organisation. We will contact you to let
you know if we plan to do this.

13.2

Nobody else has any rights under this contract. This contract is between you and
us. No other person shall have any rights to enforce any of its terms. Neither of us
will need to get the agreement of any other person in order to end the contract or
make any changes to these terms. Under no circumstances are you permitted to
redistribute or resell any element of the Service or to share your password and/or
online platform links or account details with any third party.

13.3

If a court finds part of this contract illegal, the rest of the terms will continue in
force. Each of the paragraphs of these terms operates separately. If any court or
relevant authority decides that any of them are unlawful, the remaining paragraphs
will remain in full force and effect.

13.4

Even if we delay in enforcing this contract, we can still enforce it later. If we do
not insist immediately that you do anything you are required to do under these
terms, or if we delay in taking steps against you in respect of your breaking this
contract, that will not mean that you do not have to do those things and it will not
prevent us taking steps against you at a later date. For example, if you miss a
payment and we do not chase you but we continue to provide the Service, we can
still require you to make the payment at a later date.

13.5

Which laws apply to this contract and where you may bring legal proceedings if
you are a consumer. These terms are governed by English law and you can bring
legal proceedings in respect of the Service in the English courts. If you live in
Scotland you can bring legal proceedings in respect of the Service in either the
Scottish or the English courts. If you live in Northern Ireland you can bring legal
proceedings in respect of the Service in either the Northern Irish or the English
courts.

13.6

Which laws apply to this contract and where you may bring legal proceedings if
you are a business. If you are a business, any dispute or claim arising out of or in
connection with a contract between us or its subject matter or formation (including
non-contractual disputes or claims) shall be governed by and construed in
accordance with the law of England and Wales and the courts of England and Wales
shall have exclusive jurisdiction to settle any such dispute or claim