Terms and Conditions
This legal notice applies to the entire contents of this website under the domain name www.stcwdirect.com ("website") and to any correspondence by email between us and you. Please read these terms carefully before using this website. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this website.
This notice is issued by Webix Ltd, registered in England and Wales No. 07677005, registered address 10 Cornfield Close, Bristol BS32 9DN, United Kingdom.
The following definitions apply:
Clients = employers (e.g. shipping companies) booking courses for their employees
Schools = training centres advertising their STCW courses on this website
Course = training course provided by a School
1.1 Webix Ltd acts solely as an agent introducing prospective Clients to Schools.
1.2 Webix Ltd does not make any representation whatsoever about any of the schools on this website. When booking a Course, it is the school's full responsibility to set out their own terms and conditions.
1.3 You acknowledge that the Internet or Webix Ltd's systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication connectivity problems or other facts beyond the control of Webix Ltd and you acknowledge that Webix Ltd will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.
1.4 You will be able to access some areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.5 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.6 Webix Ltd may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
1.7 All communication between Schools and Clients via this website is not considered to be private correspondence and we reserve the right to access it at any time.
2.1 You must choose a password on completion of registration. You shall be responsible for all actions taken under that password and shall only access the Website using your own password. You should not disclose your password to any other person.
2.2 All Client and School registrations must be checked and approved by Webix Ltd before access to the appropriate sections of the Website is granted. Webix Ltd reserves a right to block or cancel any School or Client account registered on the Website at any time.
3.1 Webix Ltd may make changes to or withdraw any of the services described in this website at any time without notice.
3.2 Webix Ltd reserves the right to change these terms and conditions of use by changing them on this website.,/p>
4. Information and emails you send us or submit
4.1 You should ensure that information you send to us or any school is accurate. You are prohibited from posting or transmitting to or from this Website any material that is libellous, obscene, indecent, seditious, pornographic, menacing, threatening, offensive, abusive, liable to incite racial hatred, discriminatory, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience, fraudulent, which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringes the rights of any third party in England, the European Union or any other country in the world; which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or for which you have not obtained all necessary licences and/or approvals.
4.2 You may not misuse the Website (including, without limitation) by hacking or committing fraud.
4.3 Webix Ltd will fully co-operate with any law enforcement authorities or court order requesting or directing Webix Ltd to disclose the identity or locate anyone posting any material, misusing the Website or otherwise purporting to breach the law in contravention of paragraphs 4.1 or 4.2.
4.4 If you breach any of the terms contained in paragraphs 4.1 and 4.2, Webix Ltd will terminate the services provided by this Website.
4.5 Webix Ltd accepts no responsibility or liability for the use by any agency, employer or other third party of any CV that you forwarded to any agency, employer (whether by Webix Ltd or you) or to any third party which comes to your attention directly or indirectly through your use of this Website.
4.6 If you enquire about a Course or Courses using the Website you consent to Webix Ltd monitoring and storing the information provided, along with the contents of any email(s) and message(s).
5.1 Webix Ltd does not make any representation as to the security, quality or propriety of any website which may be accessed through this Website. Linked websites accessed through this Website are independent websites over which Webix Ltd does not exercise any control, whether financial, editorial or any other kind and are not in any way endorsed by Webix Ltd.
5.2 Accordingly Webix Ltd has no responsibility or liability to you in respect of any products or services purchased or obtained by you from any such linked website, nor in respect of the use of any personally identifying information by any such linked website or its owner. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
6.1 This Website contains copyright material, trade names and other proprietary information, including but not limited to, design, text, software and graphics. The entire contents of this Website are protected by copyright law. Webix Ltd, or its licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, except as provided below.
6.2 You may download information from this Website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
6.3 If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
7. How Webix Ltd protects and uses information which Webix Ltd holds about you
8. Losses resulting from unauthorised access to your data
You accept the risk that data transmitted electronically via this Website or otherwise may be intercepted before reaching its intended destination, or accessed by unauthorised third parties and may be exploited unlawfully by such third parties. Webix Ltd does not assume responsibility for guarding against the acts of such third parties and shall not be liable for any direct, indirect, consequential, special or other damage resulting from third parties' interception of or access to data, of whatever nature.
9.1 Schools may advertise their STCW courses on the Website. Basic course advertising is free of charge.
9.2 Only STCW courses may be advertised on the Website. They must be placed in the most appropriate categories.
9.3 Schools are responsible for all information about Courses. We provide no guarantee the information is correct.
9.4 Prices of Courses advertised on the Website will be set by Schools. We encourage Schools to update course prices on the Website if they change. Webix Ltd will not amend Course prices or advertise Courses for different prices without written permissions from Schools.
9.5 The School will not include any contact details in the Course description. This includes (but is not limited to): email address, telephone number, fax number, website URL, instant messenger ID, etc.
9.6 Webix Ltd reserve the right to remove a Course from the website if it does not comply with these Terms and Conditions.
9.7 Webix Ltd reserve the right to amend any details submitted by the School intended for publishing on the Website, such as Course description, company description, etc.
9.8 Schools will have an option to mark a Course date as “provisional” if exact date of the course is not known yet.
9.9 Schools will have an option to set a number of places available for the Course date. If a number of places is set, it is School's responsibility to update this information regularly and without delay.
10. Tenders, Offers, Commissions
10.1 Clients may submit a Request for Tender detailing all training and accommodation requirements. There is no charge for submitting a basic Request for Tender. Requests for Tender complying with the Terms and Conditions will be emailed to all Schools registered on the Website and matching the Client's requirements.
10.2 Webix Ltd reserves the right to hide the identity of the tendering Client from Schools. Requests for Tender may not include any information revealing the identity of the tendering Client. Clients may not include any contact details in the Request for Tender notes.
10.3 Clients will set a Tender deadline by which Offers will be accepted. Any date between 5 and 14 days after the date when the request is submitted can be selected as a deadline. The deadline is 0:00 BST of the chosen date. All Offers must be submitted before the deadline set by the tendering Client.
10.4 Schools interested in the business may submit Offers. Offers consist of non-binding quotations giving total costs of requested training and accommodation (if required).
10.5 Schools may not include any contact details in the Offer or encourage Clients to bypass the Website and contact the School directly.
10.6 Submitting Offers is free of charge.
10.7 All offers complying with the Terms and Conditions will be emailed to the tendering Client and made accessible in their account.
10.8 The Client may not contact any School which submitted an Offer directly before a winning Offer is chosen or if all Offers are declined.
10.9 All information included in Offers including quoted training and accommodation prices may not be disclosed to anyone other than the tendering Client, bidding School and Webix Ltd.
10.10 Webix Ltd reserves a right to amend the notes and comments included in the Requests for Tender and Offers.
10.11 If no Offers are submitted, the Tender will be closed and the Client will be notified by email.
10.12 If at least one offer is submitted, the tendering Client will have an option to choose a winning Offer or decline all Offers.
10.13 Schools will be notified about their declined Offers by email.
10.14 If the Client selects a winning Offer, the School which submitted the offer will be notified by email.
10.15 Full contact details of the School and the Client will be revealed to both parties after the Client selects a winning Offer. It is up to the Client and the School to contact each other and finalise the order outside the Website. Webix Ltd only provides the introductory service and cannot be held responsible for managing the communication between the Client and the School.
10.16 All information submitted in the Tender and Offers is non-binding. The Client and the School are expected to make a separate agreement or legally binding contract outside the Website and without the assistance of Webix Ltd.
10.17 The School which submitted the winning Offer agrees to pay Webix Ltd a commission of 5% of the total training costs finally agreed between the School and the Client, plus VAT (if applicable). The commission will be paid in full within 30 days after the course takes place.
10.18 In case the Client does not place a binding order within 6 months after the School's Offer was accepted, the School will notify Webix Ltd in writing. Webix Ltd will not charge a commission in such cases or issue a refund if a commission has been paid.
11.1 Webix Ltd excludes all liability it may have to you to the fullest extent permitted by law, (and whether such liability arises in contract, tort or otherwise), as a result of your use of this Website or your booking a Course directly or indirectly through this Website.
11.2 Nothing in these terms and conditions shall exclude Webix Ltd's liability for death or personal injury due to its negligence or for fraudulent misrepresentation.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
12.1 While Webix Ltd endeavours to ensure that the information on this Website is correct, Webix Ltd does not warrant the accuracy and completeness of the material on this Website. Webix Ltd may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and Webix Ltd makes no commitment to update such material. Please note that you will be required to use caution, common sense and good awareness as there are also risks of dealing with persons or people acting under false pretences. By using the Website you agree to all risks and agree that Webix Ltd is not responsible for the acts or omissions of others.
12.2 The material at this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly to the maximum extent permitted by law, Webix Ltd provides you with this Website on the basis that Webix Ltd excludes all representations, warranties, conditions and other terms which, but for this legal notice, might have effect in relation to this Website.
12.3 Webix Ltd shall not be liable to you for any loss or damage suffered, of any nature whatsoever, as a result of your using this Website or our services.
13. Governing Law
If not actually the case, the contract under which you use this website shall be deemed to have been made in England. The construction, validity and performance of these terms and conditions of use shall be governed in all respects by the law of England. The courts in England shall have exclusive jurisdiction in respect of any dispute between you and Webix Ltd concerning your use of this website.