Terms and Conditions
1.1 Stream Marine Training Ltd. (SC640302), is hereafter referred to as “the training provider”.
1.2 The training provider has subsidiary businesses, but the training provider remains responsible for the contract and the conduct of these subsidiaries.
1.3 The entity booking the course is hereafter referred to as “the customer”.
1.4 The person attending the course is hereafter referred to as “the delegate”.
1.5 The government bodies of the United Kingdom, including but not limited to the Maritime & Coastguard Agency (“MCA”), the Merchant Navy Training Board (“MNTB”), The Health and Safety Executive (“HSE”), will hereafter be referred to as “the Flag State”, meaning the national flag state which regulates the training provider.
1.6 Writing may include e-mails and SMS, as well as printed or handwritten communications.
1.7 The location(s) of the training will be referred to as “the venue”.
1.8 These terms cover the training services supplied to the delegate by the training provider. When the delegate and the customer are separate entities, the customer must nominate the delegate.
1.9 The training provider reserves the right to negotiate variations to these terms and conditions.
1.10 Should a court of law overrule or invalidate any part of these terms and conditions, all other terms and conditions shall remain in effect unless they are also explicitly invalidated.
1.11 A private customer is a self-representing individual.
1.12 A corporate customer is representative acting on behalf of a commercial entity, to book one or more delegates onto a course.
1.13 The training provider reserves the right to waive any fee stipulated by these terms and conditions, on a case-by-case basis, but this should not be construed as a promise to do so on any other occasion.
1.14 It is understood that Scottish Law and courts will govern these terms and conditions, and any associated bookings and behaviour.
2.1 By attempting to make a booking, the customer accepts these terms and conditions. Where the customer and delegate are separate entities, the customer acknowledges they have the authority and capacity to accept the terms and conditions, both on behalf of the customer and the delegate(s).
2.2 A private customer will be required to pay at the time of booking.
2.3 A new corporate will be required to pay at the time of booking for the first booking, and subsequently this may be extended to 30-day terms, at the discretion of the training provider. The training provider may require a successful credit check for these purposes.
2.4 We will be considered to have accepted a booking when the customer receives a written confirmation of a booking, at which point a contract exists between the customer and the training provider.
2.5 If we are unable or unwilling to accept a booking, we reserve the right to not confirm a booking.
2.6 It remains the customers responsibilities to ensure the delegate meets the prerequisites for the course and is eligible and available for the training. This includes an understanding of the delivery language, which unless otherwise stated will be English.
2.7 It remains the customers responsibility to provide any evidence of course prerequisites. Failure to provide this evidence may be considered grounds for cancellation of a course by the training provider.
2.8 It remains the customers responsibility to notify the training provider of any special requirements of the delegates, for which the training provider will make any safe and reasonable adjustments.
2.9 It remains the customers responsibility to ensure the correct course is selected, and the correct information is communicated to the training provider at the time of the booking.
2.10 A customer may not resell, or offer for resale or profit, a booking unless expressly authorised by the training provider.
2.11 When the training provider provides communication in writing, the training provider only remains responsible for the clear transmission of the communication, and it is expected that the communication is read, understood and actioned by the customer.
2.12 Certificate re-issue shall incur a GBP £15 administration fee.
3 Your rights to make changes
3.1 The customer may request a change to a booking. This should be done in writing, but at the training provider’s discretion a verbal request may be accepted.
3.1.1 In the event that a customer cancels the booking within 14 days of making the booking, a cooling-off period applies unless we are within 7 days of the course commencing, the customer shall be entitled to a full refund.
3.1.2 In the event that a customer cancels a course more than 21 days before a course, the training provider will refund the cost of the course on 60 day terms, less a GBP £100 non-refundable administration charge.
3.1.3 In the event that a customer cancels a course less than or equal to 21 days before a course, the training provider is under no obligation to offer a refund.
3.2 Where the customer and delegate are separate entities, the delegate must have the permission of the customer. In this case, the training provider will accept a delegate attempting to change a booking on the utmost good faith that the delegate is acting with the permission and knowledge of the customer.
3.3 Should war, major disaster or legal changes prevent a delegate from attending a course, the training provider will allow the delegate to transfer the booking without charge to another suitable date or course of the same monetary value. In this, major disaster will include a natural disaster, terrorism or security incident, quarantine or epidemic restrictions, travel embargoes, civil disturbance or restriction changes. In this, the restrictions must absolutely prevent travel to the venue, and not be a recommendation only.
3.4 Should an incorrect course be booked by the customer, the customer must request a transfer of the course as soon as they are aware, and the training provider accepts no liability for such error.
3.5 Should a customer wish to transfer a booking to another delegate, course, or date, then this may be subject to a fee. This fee may be waived at the training provider’s discretion. Transfer of a booking is not completed until the training provider provides confirmation of this in writing to the customer. The Training provider is not obliged to accept a transfer.
3.5.1 If a transfer is requested 21 or more days before a course, there will be no charge.
3.5.2 If a transfer is requested less than 21 days before a course, but 14 or more days, then a £25 charge will be incurred.
3.5.3 If a transfer is requested less than 14 days before a course, there will be a 25% charge.
4 Our rights to make changes
4.1 We reserve the right to make minor changes to a booking, as necessary. Changes of venue, training provider’s staff, meal arrangements, and similar items may come under the classification of minor changes. These changes need not be conveyed to the customer or the delegate by the training provider before the beginning of the course.
4.2 We reserve the right to make significant changes to a booking, as required. This may include a change in date, venue or time, and should be communicated in writing to the customer as soon as practicable by the training provider. If the customer and delegates are separate entities, The customer retains the responsibility to notify the delegate. If the customer has provided contact details for the delegate, the training provider may directly notify the delegate as well as the customer, but this is a courtesy and not an acceptance of responsibility.
4.3 Should the training provider make a change to a booking which the customer does not agree to, the customer may choose to cancel the booking. The training provider may offer credit, an alternative booking or a refund at the training provider’s discretion.
4.4 The training provider reserves the right to cancel a booking, for any reason. In this case, the training provider may offer credit or a refund, but holds no liability beyond this. Should the training provider not be able to offer a course within twelve months, then this must be a refund.
4.5 Any violation of these terms and conditions by a customer or a delegate may be considered grounds for cancellation of a booking by the training provider without credit or refund.
4.6 The training provider cannot be held responsible for delays beyond our control.
5 Provision of Training
5.1 The Training Provider will provide joining instructions to the customer at least 28 days prior to the booking. If the booking is made within 28 days before the course, the training provider must provide joining instructions as soon as reasonably practicable.
5.2 Course Duration:
The course may not finish early, and the training provider may not accommodate the early completion of courses for any reason.
5.3 The completion time of a course is guidance only, and the course provision may be delayed and the training provider may need to delay the course completion up to a 10 hour training day. The training provider shall not be responsible for any loss or inconvenience incurred by such a delay.
5.4 Should a delegate not meet the requirements of a course, the training provider shall not be required to provide evidence of either attendance nor completion.
5.5 Should a medical declaration be requested by the training provider, the training provider must rely in utmost good faith on the delegate answering honestly to the extent of their understanding. Should there be a question regarding an item of a medical declaration, the training provider may request confirmation from the delegate’s medical practitioner.
5.6 We reserve the right to ask a delegate to leave a course, based on offence, injury, nuisance, incapability, unreasonable behaviour or safety.
5.7 We reserve the right to refuse entry to a course to a delegate who arrives more than 15 minutes beyond the starting time of a course.
5.8 We maintain a zero tolerance for drugs and alcohol. Any delegate suspected to be under the influence or lacking in alertness due to a hangover or withdrawal may be asked to leave the course.
5.9 We ask that delegates be appropriately dressed, and [AP1] that clothing should be inoffensive, and reasonable to the environment.
5.10 Any delegate being asked to leave a course by the training provider shall not entitle the customer to credit, a refund or alternative training.
6.1 The training provider may be responsible for foreseeable loss or damage incurred by a failure to comply with these terms and conditions.
6.2 The customer may be responsible for foreseeable loss or damage incurred by a delegates failure to comply with these terms and conditions.
6.3 Where the customer and delegate are separate entities, the customer remains responsible for the conduct of the delegate, and any loss or damage incurred by the delegate.
6.4 Neither the customer nor the training provider can be held responsible for unforeseeable loss or damage.
6.5 The training provider cannot be held responsible for any damage or loss to property or vehicles of a delegate unless that damage is directly attributable to the negligence or actions of the training provider or its staff.
6.6 The training provider cannot be responsible for business losses incurred to a customer.
6.7 Nothing in these terms and conditions waive your statutory rights.
6.8 It remains the Customers responsibility to ensure the training ordered is acceptable in all regards to the requirements of their work and industry, and is acceptable to the relevant authorities governing those requirements.
7.1 The training provider will store the customers and delegates data in accordance with our GDPR policies and procedures.
7.2 The training provider must allow the flag state, awarding bodies, and quality assurance third parties access to the data collected by the training provider.
7.3 The training provider must allow access to the certification details for executive agencies of any nations government or a company requesting verification of authenticity of a certificate, and this data sharing will be limited to a confirmation that a certificate is or is not authentic.
7.4 The training provider will not extend the delegates or customers information to any other third party without permission.
7.5 The training provider may wish to record or capture photographic images on a course. The customer and delegate should also be aware that we have CCTV on our sites for safety, security, monitoring and business continuity purposes; and may record telephone calls for training, monitoring, security and business continuity purposes. The training provider cannot waive the right to record any of these which relate to safety, security or monitoring purposes.
7.6 The delegates will be asked for their permission to capture images or audio recordings for the purposes of customer relations, company portfolio, advertising and course development purposes, and that any refusal of this permission will not reflect on their training or certification. This permission may be withdrawn at any time by the delegate.
7.7 We may need to record the following information, which shall be stored in accordance with our document control and GDPR policies and procedures:
7.7.1 Contact details for the customer;
7.7.2 Contact details for the delegate;
7.7.3 Experiential details and details of prior certification for the delegate;
7.7.4 Age, Date of Birth of the delegate;
7.7.5 Details or copies of identification documents;
7.7.6 Certification provided by the training provider;
7.7.7 Details of the booking;
7.7.8 Medical declarations;
7.7.10 CCTV recordings;
7.7.11 Telephone recordings;
7.7.12 Details of communication;
7.7.13 Photographic images or video;
7.7.14 Audio recordings;
7.7.15 Details of assessments and examinations undertaken;
7.7.16 Details of feedback;
7.7.17 Any other form or declaration filled out while on site.
7.8 The training provider is deemed to be the data controller for this information.
7.9 Any delegate or customer found recording audio or images on a training course without express consent off the training provider, shall be removed from the course and facilities, and asked to delete such media.
8 Intellectual Property Rights and Confidential Information
8.1 The training provider retains the intellectual property rights and copyrights for any materials, logos distributed or presented on a course, unless that material is published by an external group.
8.2 Neither the delegate nor the customer may presume any rights to use, alter, copy, distribute any of our images, logos or materials delivered on the course to which the training provider holds the intellectual property rights.
8.3 No party to a booking, whether the training provider, customer or delegate should disclose any confidential material to any other party.