These terms and conditions (“Conditions”) are crucial to the use of the platform, products, and services provided by Fesco Marine (“Fesco Marine”). Therefore, please read through before using our services. By using the Fesco Marine platform, you agree to be bound by the Conditions below pertaining to our platform and services.
The Use of the Platform
Fesco Marine is the legal owner of this platform and every material therein. Therefore, any act of downloading or copying from this platform should not be deemed as a transfer title to you. Any material you download, copy or transmit to this platform becomes the property of Fesco Marine and may be used by Fesco Marine for any lawful purpose. Such material is further subject to disclosure as deemed appropriate by Fesco Marine, including to any legal or regulatory authority relating to Fesco Marine. Fesco Marine reserves all rights with respect to copyright and trademark ownership of all materials on the Fesco Marine platform and will enforce such rights to the maximum extent of the law.
You agree not to:
- use the platform, products, and/or services in any unlawful manner, including to violate any person’s privacy rights;
- adapt, alter, or hack the platform, products, and/ or services or otherwise try to have any unauthorized access to the platform, products, and/or services or associated systems or networks;
- use the platform, products, and/or services to store or transfer files, materials, data, video, audio, images, text, or other content that violates any intellectual property rights;
- use the platform, products, and/or services in any manner that impedes or unsettles the integrity or functioning of the platform, products, and/or service and its features;
- use the platform, products and/or services knowingly to post, upload, transmit, link to, store, or send any sort of viruses, Trojan horses, time bombs, malware, or any other similar harmful software.
- utilize the platform, products and/or services knowingly to post, transmit, upload, link to, store or send any content that is unlawful, hateful, abusive, libelous, obscene or discriminatory; or
- try to use the platform, products and/or services in violation of the Terms or any relevant law.
Any violation of the terms herein may lead to prompt termination of your usage of the Fesco Marine platform and services without any notice and may subject you to legal consequences.
Terms of Sale and Refund Policy
Your order is an offer to purchase a product or service from Fesco Marine. The product or service will be made available to you immediately your payment has been authorized. At any point, Fesco Marine may decline to supply its products and/or services to you without giving you any reason.
Your credit/debit card info is not handled or managed by Fesco Marine. All payments and all credit card handling are through a third party payment. Fesco Marine doesn’t store any card details. Authority for payment must be provided at the time of placing your order. Cancellation and refunds are available to those who have paid for a course only within 14 days prior to starting the course. It’s not possible to cancel or postpone your course while it is ongoing.
For an ordered product, if you’re not satisfied with any product delivered to you, simply return the unused product in the condition it was sent within a period of 21 days. Any shipping fees of products returned to Fesco Marine are the sole responsibility of the customer. Fesco Marine will only pay for the return of products to the customer if such products are deemed defective and warrantied. After Fesco Marine receives the returned product, we will process your refund.
Fesco Marine ships ordered products using trusted shipping services. It usually takes 3 to 8 business days to deliver products to customers based on the delivery service provider.
Risk of loss with respect to Fesco Marine’s products shall pass on to a buyer when delivery of the products to a delivery service provider for shipment. The buyer assumes all risks involved in the transportation, handling, and delivery of the products.
Fesco Marine suggests that you inspect any product delivered to you before accepting the delivery. Acceptance of delivery constitutes acceptance of the product. If there is any damage or loss during the transportation of the product, you are expected to file a claim for any damages directly with the delivery service provider. To consider any claim regarding the warranty, Fesco Marine will require a written statement of claim, a copy of the original invoice, alongside supporting photographs from you.
Fesco Marine undertakes regular checks of the equipment used for training tuition in accordance with the manufacturers’ recommendations. If any of the equipment suffers mechanical breakdown, technical difficulties, or malfunction, Fesco Marine shall take all reasonable steps to enable the completion of the course. However, Fesco Marine shall not be liable for any consequential loss or damage that you may suffer due to such breakdown/malfunction.
Availability of the Products and/or Services
Although Fesco Marine aims to always provide you with the best products and services possible, Fesco Marine makes no promise that the products and services available at Fesco Marine will meet your requirements. Your access to the Fesco Marine platform may be occasionally restricted for repairs, maintenance, or the introduction of new facilities, products, and/or services. Fesco Marine will attempt to restore the platform as soon as we reasonably can.
Correctness, Completeness, and Timeliness of Information
Fesco Marine will not be held responsible for the correctness, completeness, or timeliness of any information on this platform. Every material on this platform is made available for general information; therefore, it should not be relied upon completely to make any decision. If you totally depend on any material on this platform, you do so at your own risk.
Fesco Marine retains the right to change any content on this platform at any time; notwithstanding, we are under no sort of obligation to update any information on the platform. You accept that it is completely your responsibility to check for changes to our platform before proceeding to use our services.
Some parts of Fesco Marine platform allow you to post content, which includes asking questions, posting comments, and engaging in discussion boards. All content provided or uploaded by you to our platform shall be subject to the relevant provisions of these Conditions.
You shall be completely responsible for your own User Submissions and the consequences thereof. In line with User Submissions, you warrant that: (i) you own or have the necessary consents, licenses, rights, and permissions to use and authorize Fesco Marine to use all copyright, patent, trademark, trade secret, or other proprietary rights in and to all User Submissions to enable the inclusion and usage of the User Submissions in the way contemplated by the Fesco Marine platformand these Conditions; and (ii) you’ve the written consent, release, and/or permission of every identifiable individual in the User Submission to uitlize the name or likeness of every such identifiable individual to enable the inclusion and use of the User Submissions in the way contemplated by the Fesco Marine platform and these Conditions. For clarity, you retain all ownership rights in your User Submissions.
In line with User Submissions, you also agree that you will not do any of the following:
(i) submit any material that is copyrighted, protected by trade secret or otherwise subject to any third-party proprietary rights, including privacy and publicity rights, except you own such rights or have the permission from their rightful owners to post the materials and to grant Fesco Marine all of the license rights conferred therein; (ii) publish falsehoods or misrepresentations that could damage Fesco Marine or any third party; (iii) submit any material that is obscene, defamatory, libelous, threatening, pornographic, harassing, unlawful, hateful, racially or ethnically offensive, or promotes conduct that would be considered a criminal offense, cause civil liability, violate any law or regulation, or is otherwise deemed inappropriate; (iv) post any advertisement or solicitation of business; or (v) impersonate another person. Fesco Marine does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Fesco Marine expressly disclaims any liability in line with User Submissions.
All copyright, trademarks, rights, patents, and any other intellectual property rights in and on the Fesco Marine platform and all content (including all products, services, and materials) located on or available through the Fesco Marine platform shall remain vested in Fesco Marine.
You must not copy, disassemble, reproduce, republish, decompile, download, post, broadcast, transmit, reverse engineer, make available to the public, or otherwise use Fesco Marine content in any manner except for your personal, non-commercial usage. Also, you agree not to adapt, alter, or make a derivative work from any Fesco Marine content except for your personal, non-commercial usage. Any other use of Fesco Marine content requires a prior written permission of Fesco Marine.
The names, images, and logos identifying Fesco Marine or third-parties as well as their products and/or services are subject to copyright and trademarks of Fesco Marine and/or third parties. Nothing contained in these Conditions shall be seen as conferring any license or right to use any trademark or copyright of Fesco Marine or any other third party.
Fesco Marine does not permit any form of copyright-infringing and infringement of intellectual property rights on the Fesco Marine platform, and Fesco Marine will make necessary effort to remove any Content or User Submissions if properly notified and confirmed that such Content or User Submission infringes on any intellectual property rights. Fesco Marine reserves the right to remove Content and User Submissions without prior notice. Fesco Marine will also terminate a User’s access to the Fesco Marine platform if such a user is ascertained to be a repeat infringer. A repeat infringer is deemed as any User who has been previously notified of an infringing activity more than twice and/or whose User Submission has been removed from the Fesco Marine platform more than twice. Fesco Marine also reserves the right to ascertain whether any Content or User Submission is appropriate and is in line with these Conditions for violations of other than copyright infringement and violations of any intellectual property law or contain inappropriate content such as pornography, defamatory or obscene material, or excessive length. Fesco Marine may remove any User Submission and/or terminate a User’s access for uploading such material that violates any of these Conditions at any time, without any notice and based on sole discretion.
As a copyright owner or an agent, if you strongly believe that any User Submission or other content violates your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”) to us. We will try to take necessary actions (such deleting the offending content) upon getting such a notification.
Links to other Platforms
Links to other platforms are provided solely as pointers to information on topics that may be useful or be of interest to visitor or users of the Fesco Marine platform. We have no control over the content on such third-party platforms. Therefore, if you decide to link to a platform not controlled by Fesco Marine, we make no kind of warranty, either express or implied, as regards the content of such platform, including the completeness, reliability, accuracy, or suitability thereof for any purpose. In addition, Fesco Marine does warrant that such a platform or content is free from any sort of claims of copyright, trademark, or any other infringement of the rights of third parties or that such platform or content is free from any virus or any other malicious element. Links to other platforms don’t imply any endorsement of or responsibility for the ideas, opinions, information, products or services offered on such platforms, or any representation of the content.
All actions, claims, controversies, and disputes under common law, statutory law or in equity of any kind whatsoever, whether arising before or after the date of this Agreement, and whether directly or indirectly regarding:
(a) this Agreement and/or any modifications and addenda hereto, or the breach, invalidity or termination hereof;
(b) any preceding or subsequent agreement between the involved parties; and/or
(c) any other dealing, relationship, or transaction between the parties (collectively the “Claims”), will be subject to and resolved by binding arbitration in line with the Arbitration Rules of U.S. Arbitration & Mediation, (www.usam.com). Any award or order by the arbitrator can be up to $300 only for the arbitration filing fee and may be approved as a judgment or order in any state or federal court of competent jurisdiction, including within the federal judicial district of the residence of the party against whom such an award or order was stipulated.
You agree to defend and indemnify Fesco Marine and our directors, subsidiaries, partners, affiliates, licensors, officers, interns, contractors, service providers, subcontractors, agents, suppliers, and employees, from any kind of claim or demand,such as reasonable attorneys’ fees, made by any third party due to your breach of these Conditions, or your breach of any law or the rights of a third-party.
Limitation of Liability
Courses available on the Fesco Marine platform are designed to comply with SOLAS regulation for training. The courses do not hold any liability for our technicians in the event of any accident or non-compliance with any regulation. Also, Fesco marine does not hold any liability to any government body for any deletion by courses.
Before you purchase any of our courses, ensure that you are in good health and able to actively engage in the courses. Fesco Marine will not be liable for any injury during your use of any of the courses or products. If you have any medical condition, consult your doctor before using the services, or participating in any courses. Fesco Marine shall not be deemed responsible for any health problems that may occur from courses, products, or any services from or on the Fesco Marine platform. If you participate in any courses or buy any product via the Fesco Marine platform, you agree that you do so strictly at your own risk.
Every information on this platform is provided “AS IT IS.” Fesco Marine makes no warranty regarding the accuracy of the materials provided here, either expressly or impliedly, for any purpose and expressly disclaim any warranties of merchantability or fitness for a purpose. Fesco Marine will not be responsible for any loss or damage resulting from any third party’s interception of any information made available to you through this platform. Although most of the information provided to you on this platform is derived or gathered from sources we believe to be reliable, Fesco Marine does not guarantee the accuracy, completeness, timeliness, or validity of any information made available to you for any purpose. Neither Fesco Marine, nor any of its directors, affiliates officers or employees, nor any third-party service provider will be held liable or have any responsibility of any sort for any loss or damage that you incur during any failure or interruption of the Fesco Marine platform, or owing to any act of omission of any other party included in making this platform or the information contained there available to you, or from any other cause regarding your access to, inability to access, or use of our platform or these materials, whether or not the circumstances around or leading to such a cause may have been within the total or partial control of Fesco Marine or of anyone providing software or services support. Under no circumstances will Fesco Marine be liable for any consequential, incidental, exemplary, special, or punitive damages arising out of any usage of or inability to use our platform or any aspect thereof, regardless of whether Fesco Marine has been warned of the possibility of such damages occurring.
Fesco Marine may suspend or cancel your booking for a course or order for a product at Fesco Marine’s reasonable discretion or if you breach any provisions under these Conditions. You may choose to cancel your book or order on the Fesco Marine platform any time by informing Fesco Marine in writing. The suspension or cancellation of your registration, as well as your right to use the Fesco Marine platform, shall not affect either party’s statutory rights or liabilities.
In the event that any aspect of these Conditions is determined to be unlawful, unenforceable or void, such aspect shall nevertheless be enforceable to the maximum extent permitted by appropriate law, and the unenforceable aspect shall be deemed to be severed from the Conditions, such determination shall not in any manner affect the validity and/or enforceability of any other remaining aspects.
These Conditions and any of other policies or operating rules posted by us regarding our platform and services constitute the entire agreement and understanding between you and Fesco Marine, as well as govern your use of the Fesco Marine platform, products, and services, superseding any contemporaneous or previous agreements or communications (oral or written) between you and Fesco Marine (including, but not limited to, any previous versions of the Conditions).
Based on sole discretion, Fesco Marine retains the right to modify any aspect of the Terms herein without any prior notice. Kindly check this page periodically for any modifications. Your continued usage of the Fesco Marine platform, products and/or services after any modifications to the Terms constitutes acceptance of those modifications.
What Information Do We Gather?
Information You Give Us. Fesco Marine may collect and store any information from you or your devices provided to us whenever you visit the platform, including when you:
- when you order a product or book a course
- use our platform and services;
- register for an account;
- communicate with Fesco Marine, such as giving feedback, requesting support, or demanding additional information; and
- subscribe to any content we offer, such as newsletters, alerts, etc.
Fesco Marine may collect information, such as your full name, home or other physical address, email address, phone number, or any relevant information about your interactions with us, and other information. Fesco Marine may store such information in the cookies or sessions to ensure recurrent faster and better experience.
Automatically Collected Information. Fesco Marine may automatically get some information when you visit our platform, such as your IP address; browser type, devices, and operating systems used; and related information.
Information from Other Sources. Fesco Marine may obtain information about you from affiliates, partners, and other third parties. This may include information about your usage of the Fesco Marine platform or our services, your use of other platforms, your interactions with or purchases from us, your interests and preferences, and other relevant information about you or your household. Fesco Marine may add the information we get from third parties with information that we or our affiliates have collected about you.
How Do We Use Your Information?
Fesco Marine and others acting on behalf of us may utilize the information that Fesco Marine collects or receive to operate our business, including our platform, as described below:
- Operate and Support our platform and services
- Improve and evolve our services
- Advertising and promotions.
- Other purposes Fesco Marine deems necessary, as permitted by relevant law.
Third-Party Platform and Services
This Policy only addresses our own data and information practices. This Policy does not apply to any information you share with third parties, even if Fesco Marine links to those third parties from our platform. Such third parties may have their separate privacy policies on their use of information that you can access on their platforms. Our services may be offered via third-party platforms (“Partner Platforms”). This Policy does not apply to Partner Platforms unless otherwise indicated on the Partner Platform.
When Do We Share Information?
Fesco Marine may share your information in the following ways to the highest extent of applicable law:
- With corporate affiliates
- With partner platforms
- With service providers
- For promotional purpose
- During business transfer.
- To protect ourselves and others, if needed.
What Choices Do You Have on Your Information?
You may restrict and control the information provided to Fesco Marine in several ways. You may be restricted from utilizing certain features of the platform if you limit the information you share with Fesco Marine.
Fesco Marine uses Google Analytics to better understand our audience and target communications and advertisements based on demographic or interest-based information. You should be able to opt-out of certain targeted behavioral advertising through the Network Advertising Initiative’s opt-out. Kindly note that you may still be able to receive advertising from us even after opting out, but such advertising may not be tailored to you or your interests.
How Do We Protect the Security of the Personal Information We Collect?
Fesco Marine uses administrative, technical, and physical security to help safeguard personal information in our possession. However, Fesco Marine cannot guarantee the security of the information collected and stored. If you believe that any information about you is subject to unauthorized disclosure, kindly contact Fesco Marine immediately.
Fesco Marine doesn’t knowingly collect any information from anyone below the age of 18 in compliance with Children’s Online Privacy Protection Act (COPPA). The Fesco Marine platform is directed to individuals who are at least 18 years old or older.
In the event that Fesco Marine amends or updates this Policy, such amendments or updates will be posted on this web page. Therefore, kindly check this page regularly.