Booking Terms and Conditions
This agreement defines your rights and obligations. By purchasing any of our training courses you are agreeing to all the terms and conditions laid out in this agreement.
Software License Agreement
This agreement is between you and the Yacht Charter Training Academy LLC (YCTA) and covers the purchase, access, and use of the Yacht Charter Training Academy LLC Online Courses.
Due to the proprietary nature of these materials once the product has been activated or course begun there are no returns or refunds allowed. (See Cancellation Policy below for additional details)
The access to the software is limited to One Person (1) per access key or password and may not be used at one location while simultaneously used at another.
Cancellation Policy
Upon activation, students are agreeing that they have an up-to-date desktop or laptop with a working camera and microphone. Additionally, students have access to a reliable Internet connection and the ability to download testing software through their YCTA account. These are mandatory for recorded online courses and testing. Refunds will not be issued if these cannot be met, as information has been provided prior to purchase stating these requirements.
Payment in full is required on booking. However, individual online courses, software products, and site licenses purchased can be returned within 10 business days of the purchase date prior to activation of the course, or the beginning of the course for a full refund. Due to the proprietary nature of these materials, once the product has been activated or course begun, there are no returns or refunds allowed, regardless of purchase date.
Time Limitations
All Yacht Charter Training Academy LLC online courses expire six months after the date the course is activated. In the event a student requires more time to complete their course, upon request, YCTA will reset the course and give an additional six months for a fee of $150. The new expiration date will be six months from the course reset date. This course extension option is only available to students that have not signed up for or taken any part of their final proctored exam.
Copyrighted Material
Any software found in YCTA content is copyrighted with the United States Library of Congress and is protected by both United States and International copyright law. Therefore, you must treat this license and access to software just like any other copyrighted material, with the following exceptions: you agree, pursuant to the license, not rent or lease the software in any way or form.
You may not copy or reproduce the software or electronic files in any manner.
This license is not for sale. Title and copyright of the software, accompanying documentation, and any access to the software remain with YCTA. Unauthorized use of the software or failure to comply with the above restrictions will result in automatic termination of this license and will make available to Yacht Charter Training Academy LLC other legal remedies.
Software Limited Warranty
This warranty applies to the Software, the use of which is hereby licensed, the media on which the program is supplied, and the documentation supplied with it. Yacht Charter Training Academy LLC warrants for ninety days from the date of delivery that the software, under normal use, will substantially perform as described in the documentation.
Except for the express limited warranties, Yacht Charter Training Academy LLC makes, and you receive no warranties, expressed, implied, statutory, or in any other communication with you, and Yacht Charter Training Academy LLC specifically disclaims any implied warranty or merchantability of fitness for a particular purpose, YCTA does not warrant that the operation of the Software will be uninterrupted or error free.
This access to the Software is intended for training purposes and is not to be used for any real-world situations in any way. In no event will Yacht Charter Training Academy LLC be liable for any damages including damage to vessels or property, loss of life or limb, or other consequences of maintaining equipment or any other interaction with the workplace. Yacht Charter Training Academy LLC will neither be liable for loss of data, lost profits, cost of cover or other special, incidental, consequential or indirect damages arising from the use of YCTA software or accompanying documentation, however caused and on any theory of liability. This limitation will apply even if Yacht Charter Training Academy LLC or any authorized dealer has been advised of the possibility of such damage. You acknowledge that the license fee reflects this allocation or risk.
Government Use
Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 52.227-19 (Commercial Computer Software Restricted Rights) and DFAR 252.227-7013(c)(l)(ii) (Rights in Technical Data and Computer Software), as applicable.
General: This agreement will be governed by the laws of the State of Nebraska and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Refunds
If a customer cancels an order for an online software product prior to starting the course, a full credit will be issued to your account. If the course has been started in any way, no refund will be issued.
If an online course or software is purchased at a boat show or other special event, the terms and conditions defined in the signed registration agreement supersede the above refund policy.
Data Protection Policy (GDPR Policy)
Definitions:
Organization
DPA:
Responsible Person
Last update: 05/01/2024
Details:
Yacht Charter Training Academy LLC
Data Protection Act 2018
Collen Steyn, C.F.O, Partner
1. Data protection principles
YCTA is committed to processing data in accordance with its responsibilities
under the DPA.
The DPA requires that personal data shall be:
a. processed lawfully, fairly and in a transparent manner in relation to individuals;
b. collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
c. adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
d. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
e. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organizational measures required by the DPA in order to safeguard the rights and freedoms of individuals; and
f. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.”
2. General provisions
a. This policy applies to all personal data processed by YCTA.
b. The Responsible Person shall take responsibility for the YCTA’s ongoing compliance with this policy.
c. This policy shall be reviewed at least annually.
d. YCTA shall register with the Information Commissioner’s Office as an organization that processes personal data.
3. Lawful, fair and transparent processing
a. To ensure its processing of data is lawful, fair and transparent, YCTA shall maintain a Register of Systems.
b. The Register of Systems shall be reviewed at least annually.
c. Individuals have the right to access their personal data and any such requests made to YCTA shall be dealt with in a timely manner.
4. Lawful purposes
a. All data processed by YCTA must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests (see ICO guidance for more information).
b. YCTA shall note the appropriate lawful basis in the Register of Systems.
c. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
d. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in YCTA’s systems.
5. Data Minimization
a. YCTA shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
6. Accuracy
a. YCTA shall take reasonable steps to ensure personal data is accurate.
b. Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.
7. Archiving / removal
a. To ensure that personal data is kept for no longer than necessary, YCTA shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
b. The archiving policy shall consider what data should/must be retained, for how long, and why.
8. Security
a. YCTA shall ensure that personal data is stored securely using modern software that is kept-up-to-date.
b. Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorized sharing of information.
c. When personal data is deleted this should be done safely such that the data is irrecoverable.
d. Appropriate back-up and disaster recovery solutions shall be in place.
9. Breach
In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data, YCTA shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO (more information on the ICO website).
Company Equality Policy
Introduction
At the Yacht Charter Training Academy (YCTA), we seek to harness fully the talents, creativity and skills that our learners bring and this policy outlines our commitment to equality, diversity and inclusion across all of our educational products. To achieve excellence, we recognize the value of each individual, enabling and supporting them not only to achieve their maximum potential, but also to understand their own responsibilities in creating a culture of equality. We are committed to creating an environment in which everyone is respected, treated fairly and enabled to excel in their field, enriching the learning experience for all.
Scope
This Policy applies to everyone who visits, works or studies with us and, more broadly, anyone associated with YCTA. This includes staff, students, contractors, visitors and alumni, regardless of race or ethnicity, sex, gender reassignment, disability, sexual orientation, age, religion or belief, pregnancy or maternity status, marriage and civil partnership status or socio-economic background.
Definitions:
Equality enables us to create a fairer environment where everyone can participate and has the opportunity to fulfil their potential. Equality is backed by Equality Act 2010, which seeks to address unfair treatment, discrimination, harassment, and victimization, to advance equality of opportunity, and to foster good relations between people who share a protected characteristic and those who do not.
Diversity is about recognizing and valuing difference in its broadest sense. It is about creating a culture and practices that recognize, respect, value, and embrace difference for the benefit of all.
Inclusion refers to an individual’s experience within the professional learning (or work) space and wider community, and the extent to which they feel valued and included. At YCTA, we remain committed to the belief that greater diversity improves the educational experience, both as an educator and an employer. To this end, we will achieve equality of opportunity as we recognize and value difference, and work together for inclusion.
Policy Principles
YCTA is part of a diverse, multicultural and international maritime community. As a member of that community all staff, students, contractors or visitors can expect to be treated with dignity and respect and in return, they will be expected to act with respect to all. As an organization, we are committed to creating an inclusive and welcoming environment. Equality, diversity and inclusion underpins all our work and is at the heart of what we are and what we do. Our commitment is not restricted to the minimum legal requirements of equalities legislation, as we aim to deliver best practice whenever possible. YCTA recognizes equality, diversity and inclusion in its core values which are actively supported by the C.E.O, the C.F.O, the founders, and all employees at the Yacht Charter Training Academy.
Commitment:
YCTA is committed to creating a working, learning, cultural and social environment that is based on dignity and respect, where difference is valued and celebrated, enriching our maritime and learning community. We aim to ensure all staff and students are supported in being able to reach their full potential, to contribute fully and derive maximum benefit and enjoyment from their involvement in both their educational experience with us, and their careers in the maritime industry writ large. To achieve this, YCTA lays out the following basic commitments:
You can expect:
- To be treated with dignity and respect.
- Not to be bullied, harassed, abused, intimidated or victimized.
- To be provided with relevant support, guidance and training.
- To have the right to challenge unfair decisions without prejudice.
Your responsibilities are:
- To treat members of YCTA with dignity and respect.
- Not to bully, harass, abuse, intimidate or victimize others.
- To ensure you have a clear understanding of related YCTA policies on equality and inclusion.
- To positively support measures introduced to advance equality, diversity and inclusion and eliminate discrimination.
This policy has three aims:
- Eliminate discrimination, harassment and victimization.
- Advance equality of opportunity.
- Foster good relations between persons who share a protected characteristic and those who do not. All members of the community share a part of this responsibility and are required to maintain positive outcomes in complying with the equality legislation.
Company Equality Policy
YCTA is committed to the safety, wellbeing, dignity, and respect of potentially vulnerable persons including children. Whereas our business model precludes in-person, or business interaction with minors (anyone under the age of 18) using verified ID checks, the risk of encountering safeguarding situations with at-risk children is minimal. However, learners will be able to interact with each other, and YCTA staff, via our online forums and in support situations. As such, the following safeguarding policy is in place.
YCTA commits to safeguarding staff, customers, and vendors from sexual, psychological, emotional, or financial harm or neglect. We recognize that all people have a right to be free of discrimination, abuse, harassment, or intentional harm of any description. YCTA takes all reasonable steps to ensure that staff are provided with both procedural guidance and proper training so that they can identify and take action against any such example of discrimination or abuse. YCTA is committed to providing a safe and secure learning and work environment for students, staff, and all those we deal with.
Company Exam and Assessments Policy
In order to successfully complete our courses and receive certificates of completion, all students enrolled in YCTA courses must positively verify their identification and age (18 and up) at the time of registration. They must also pass all examinations, practices, and assessments throughout the course material with a minimum of a 75% score for each type of testing. YCTA courses are pass/fail. This means that learners cannot receive certification unless they meet this minimum standard. If a student fails a given section or module assessment, they will be given the opportunity to re-review the material of the given failed section and attempt the assessment again. By agreeing to these terms and conditions, students agree not to cheat, manipulate, or in any way affect the outcome of any testing other than by their intended means.
Resolving Disputes
The parties agree that any disputes that may arise as a result of this agreement or the provision of products or services as a result of this agreement will first be attempted to be resolved through discussion between the parties.
If the dispute cannot be resolved on terms satisfactory to both parties, the parties shall in good faith enter into mediation to resolve the dispute. Upon failure to mediate any such disputes in good faith, the parties may resolve the dispute through any other legal means available, including arbitration or litigation.
This agreement shall be interpreted and enforced in all respects under Nebraska law and the parties’ consent to the exclusive personal jurisdiction of the United States District Court for the District of Nebraska or Superior Court of Nebraska over any and every dispute between parties that refers to, related to, involves, concerns or arises out of this agreement.
Attorney’s Fees
In the event any party shall commence any claims, suits, or formal legal action to interpret and/or enforce the terms and conditions of this agreement, or relating in any way to this agreement including, without limitation, asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
Binding Agreement
The Parties acknowledge the legally binding nature of this Agreement.
By executing the act of making a purchase, the buyer is affirmatively stating that they have read and understand the terms and conditions set forth herein and that they agree to be bound by the terms and conditions of this agreement itself
Severability
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this agreement.
Integration
This Terms and Conditions Agreement constitutes the entire understanding of the Parties with respect to the subject matter hereof, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this agreement.
This agreement shall take precedence over any other documents that may conflict with this agreement.
YCTA Intellectual Property
All content (includes, but not limited to photos, logos, videos, text, 3D simulations, artificial intelligence content etc.) belongs exclusively to Yacht Charter Training Academy LLC
The use of any of our content without our express written consent is strictly prohibited.
