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Terms and Conditions for the Diving CPD App

Updated 25 October 2020

1 Terms and Conditions

1.1 These are the terms and conditions on which we offer and permit use of the CPD App. By using the CPD App you confirm that you accept the following terms and conditions and that you agree to comply with them.

2 Information About Us and How to Contact Us

2.1 We are the International Marine Contractors Association (“IMCA”) which conducts business through IMCA Trading Ltd registered in England and Wales with company number 07169292, registered address Third Floor, 24 Chiswell Street, London EC1Y 4YX. Our registered VAT number is GB 262 7056 07.

2.2 You can contact us by calling +44 (0) 20 7824 5526, by email to ac@imca-int.com or by writing to us at IMCA Trading Ltd, 52 Grosvenor Gardens, London SW1W 0AU, UK.

3 The CPD App

3.1 The CPD App is a platform for the continual assessment and certification of IMCA-qualified Diving Supervisors and facilitates Diving Supervisors’ compliance with their Continuing Professional Development (“CPD”) obligations. Any Diving Supervisor who fails to complete the required CPD modules and tests via the CPD App will invalidate their IMCA certificate.

3.2 The CPD App is not intended to replace a Diving Supervisor’s own training and practical experience.

4 Registration and Right of Access

4.1 Any Diving Supervisor who is certified by IMCA can download and register to use the CPD App.

5 Prohibited Uses

5.1 Users of the CPD App shall not permit any third-party to access the App or any of the documents, data or other information stored within the App.

5.2 Users shall not reproduce, re-transmit, distribute, disseminate, sell, publish or circulate any documents, data or other information contained in the CPD App except as allowed for in these terms and conditions.

5.3 Users shall not infringe, nor permit to infringe, nor otherwise prejudice the proprietary rights of IMCA.

5.4 Users shall not misuse the CPD App by knowingly introducing viruses or other malicious or technically harmful software.

5.5 Users shall not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or any documents, data or other information within it nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms.

5.6 Users shall not try to circumvent these prohibitions.

5.7 If a user engages in any of the above prohibited uses then IMCA may immediately terminate that user’s access to the CPD App, delete that user’s account and withdraw the supervisor’s certificate.

6 App Availability and Updates

6.1 IMCA and/or the developers of the CPD App may implement updates to the CPD App without notice.

6.2 IMCA does not guarantee that the CPD App and its contents will always be available or that access to the will be uninterrupted.

6.3 IMCA may suspend user access, withdraw, discontinue or change all or any part of the CPD App without prior notice at any time. IMCA will not be liable to users or any third party if for any reason the CPD App is unavailable at any time or for any period.

6.4 IMCA may define a particular specification of computing device required to use the CPD App or elements thereof. IMCA will endeavour to ensure wide availability of the CPD App but makes no guarantee that all functionality will be available on all devices.

6.5 IMCA may vary these terms and conditions at any time by posting the amended terms on the CPD App or on the IMCA website. All amended terms and conditions will automatically take effect immediately on posting. Please check these terms and conditions periodically to inform yourself of any changes which are binding on you.

7 Price and Payment

7.1 Registration and general use of the CPD App is provided in return for an annual subscription fee of GBP 100 per Diving Supervisor.

7.2 A user who fails to pay the annual subscription fee will lose access to the CPD App until such time as they pay the required fee.

8 Intellectual Property Rights

8.1 The CPD App is protected by copyright, trademarks and other intellectual property rights owned by or assigned to IMCA.

8.2 All intellectual property rights existing or arising in the CPD App, IMCA data or any materials, know-how, specifications, inventions, processes, software data or information supplied by us under or in connection with these terms and conditions or the CPD App shall at all times belong to and remain vested in IMCA and, save as in relation to any user data that is uploaded or entered into the CPD App, no proprietary rights or any other rights whatsoever are assigned, granted or shall otherwise pass to any user.

9 Liability

9.1 Our liability to you shall not exceed the annual subscription fee.  If no subscription fee is paid our liability to you shall not exceed GBP 10.

9.2 You remain solely responsible for the safe, lawful and proper conduct of any activities you carry out.  IMCA will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or any costs incurred arising out of your ongoing certification (or suspension or withdrawal of certification) by IMCA and / or your use of the CPD App.

9.3 Certification of any person as a Diving Supervisor by IMCA is not a guarantee or confirmation of your or any other individual’s competence.  This responsibility and liability rests solely with the employing company which will issue a letter of appointment for this role.

9.4 The CPD App and its content are provided “as is” and, to the maximum extent permitted by law, IMCA exclude all conditions, warranties, representations or other terms, whether express or implied, which may apply to the CPD App, any content displayed on the CPD App , or any services provided on the CPD App .

9.5 The content and data contained in the CPD App is not intended to amount to advice on which you should rely. Any reliance you place on such information is strictly at your own risk. We strongly recommend that you obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the CPD App.

9.6 IMCA will have no liability in respect of any information contained within the CPD App whether accurate or not, and will have no liability for any loss or damage arising out of the use or misuse of any such information.

9.7 Users are responsible for ensuring their devices are sufficiently protected against any viruses or other malicious or technically harmful software.

9.8 If the actions of any user give rise or contributes to a claim against IMCA then that user shall indemnify IMCA against all costs, liabilities, damages and expenses for which IMCA may be liable as a result of such claim.

10 Privacy and Data Protection

10.1 The IMCA privacy policy explains how IMCA may use personal data. This is provided at https://www.imca-int.com/privacy-policy.

11 Applicable Law

11.1 These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with English law.

11.2 The courts of England and Wales will have exclusive jurisdiction in relation to any dispute: (a) arising from or in connection with these terms; or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions.