The Legal Stuff
Terms & Conditions
PUBLISHED: 21st DECEMBER 2021 | LAST UPDATED: 3rd December 2024
Please read these Terms & Conditions carefully before using our website.
Introduction
By visiting, using or purchasing something from us, you engage in our “Service”. You agree to be bound by the following Terms & Conditions, which apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, members or Agents.
If you disagree with being bound by these Terms & Conditions, you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.
Definitions
In these Terms & Conditions, www.mysailingcourse.com, My Sailing Course[2], Business, we, us, or our shall mean The Sailing Business Limited.
In these Terms & Conditions, users, members, instructors, students, or you are the person(s) using the website to view, purchase, contribute, and study our products and services.
About Us
The Sailing Business Limited provides all products and services offered on this website. RYA[1] courses are provided under our RYA[1] Distance Learning Providers accreditation, Centre Number: 9205672.
The Sailing Business Limited is registered in England, company registration number is 10990244.
Our registered office is in Guildford, Surrey. GU1 4PA.
Modifications to Services and Prices
Any fees or charges are advertised net of any discount. VAT, where applicable, is included in any prices shown.
We reserve the right to change prices and discontinue or modify our products and services without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
Products & Services
All site members
My Sailing Course[2] grants you a personal non-transferable licence to use its website and features for the term of your registration. This includes any member features it offers occasionally, which are available at our discretion. Any feature may be withdrawn or altered at our sole discretion.
We reserve the right to cancel/curtail your activity due to circumstances amounting to Force Majeure – these include but are not limited to war, riots, government action, terrorism, fire, weather conditions, strike action and all similar events outside of our control. In such circumstances, we will not be liable to pay you refunds or compensation.
RYA Accredited Courses
We will provide unlimited instructor support seven days a week between 09:00 GMT and 20:00 GMT on a 12-month, 3-year, flexi-support[3] basis in return for the course fee. You will also receive a course pack appropriate to the course you have signed up for, containing all the necessary items to complete the course successfully. You will be granted a personal, non-transferable licence to use the modules, topics, sessions, and exercises related to the course purchased.
Refunds
You are entitled to a money-back guarantee. To activate it, you must not have requested any exams and must notify us within 14 days of registering. You can either return your course pack in such condition that it can be re-used, in which case we will refund your course fee, or you can retain all or part of your course pack, in which case we will deduct the cost of each component not returned.
If you are entitled to a refund, we will refund any money using the same payment method you used to make your purchase. Refunds will be processed upon receipt of the returned course pack (minus any deductions) and usually appear on your card statement within 7 days.
Statutory Rights
Nothing in these Terms & Conditions affects your statutory rights (including your right to receive a refund for any defective product we sell to you).
Copyright and Intellectual Property
The trading name My Sailing Course2 is the intellectual property of The Sailing Business Limited. It may not be used, copied or reproduced in any form without our specific permission.
The copyright in the material on this site and all our courses (sold or otherwise provided by our agents or us) belongs to us or its licensors. The services and courses sold are for personal and non-commercial use. No part of this website or the courses sold may be reproduced in any form without our prior consent other than temporarily in the course of using our Service or to keep a record of a transaction entered into using our Service. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell, or in any other way use any material, information, products or services contained or featured on this website or in the course sold via this website without our express written consent.
Third-party links
Certain content, products and services available via this website and the course sold may include materials from third parties.
Links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy. We do not warrant or have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.
We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with third-party websites. Please review the third-party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Customer Confidentiality
All customer details will be treated in the strictest confidence, and under no circumstances will any details be passed on to a third party without your prior consent other than to the RYA[1], for whom you consent to us registering your details as a student when you purchase a course from us.
Our Privacy Policy and the use of this website, or any of our websites, govern your submission of personal information, which is incorporated into these Terms and Conditions by this reference.
Errors, Inaccuracies and Ommissions
Occasionally, information on our website or in courses sold via this website may contain typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We don’t have to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated.
Disclaimers
We make no warranty or representation that this website or courses sold via this website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We do not guarantee any specific results from using our Services.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you.
Limitation of Liability
To the maximum extent permitted by law, The Sailing Business accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this website or in the courses sold via this website, or any information contained therein. Users should be aware that they use the website, its content, and the courses sold via this website at their own risk.
Indemnification
You agree to indemnify, defend and hold harmless The Sailing Business and our directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third party.
Severability
If any provision of these Terms & Conditions is deemed unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms & Conditions are effective unless and until terminated by you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have been unable to comply with any term or provision of these Terms & Conditions, we may terminate this agreement without notice. You will remain liable for all amounts due up to and including the termination date. We may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
These Terms & Conditions and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).
Any ambiguities in interpreting these Terms & Conditions shall not be construed against the drafting party.
Changes to Terms & Conditions
In our sole discretion, we reserve the right to change this policy’s terms at any time. Any changes are effective immediately upon posting to the website. Your continued website use constitutes your agreement to all such terms and conditions.
Governing Law
These Terms & Conditions and the relationship between you and us shall be governed by and construed by the Law of England and Wales. You agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
References
[1] The RYA tick logo and the term Yachtmaster® are registered trademarks of the Royal Yachting Association and are used by us under license.
[2] My Sailing Course™ is a trademark of My Sailing Course, a brand owned and operated by The Sailing Business Limited.
[3] Flexi-Support is our unique offer, allowing students up to 3 years to complete a course. 12 months of instructor support can be paused and re-started up to 3 times over 3 years.
