Terms and Conditions for the IMCA Dynamic Positioning CPD System

Updated 14 March 2024

1 Terms and Conditions

1.1 These are the terms and conditions on which IMCA and the NI offer and permit use of the IMCA DP CPD System. By using the DP CPD system, you confirm that you accept the following terms and conditions and that you agree to comply with them.

2 The DP CPD System

2.1 The DP CPD System is a platform for the continual assessment and certification of key DP personnel and facilitates DP Operators’ compliance with their Continuing Professional Development (“CPD”) obligations under The Nautical Institute certification scheme.

2.2 The DP CPD System is not intended to replace a DP professional’s own training and practical experience.

3 Registration and Right of Access

3.1 Any DP professional can download and register to use the DP CPD System through The Nautical Institute Alexis Platform.

3.2 Users who engage and register for the DP CPD System will have access to the learning materials while the user remains engaged with the system.

3.3 Where users are dormant for a period of more than 12 months, their account will be deactivated and access restricted until re-registration and re-purchasing of the DP CPD System is completed.

4 Prohibited Uses

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

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

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

4.4 Users shall not misuse the DP CPD System by knowingly introducing viruses or other malicious or technically harmful software.

4.5 Users shall not translate, merge, adapt, vary, alter or modify, the whole or any part of the System 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.

4.6 Users shall not try to circumvent these prohibitions.

4.7 If a user engages in any of the above prohibited uses then IMCA may immediately terminate that user’s access to the DP CPD System and deactivate or delete that user’s account.

5 System Availability and Updates

5.1 IMCA and/or the developers of the DP CPD System may implement updates to the DP CPD System without notice. This includes the registration and payment systems, app functionality, underlying app platform, CPD content and all other elements of the system.

5.2 IMCA does not guarantee that the DP CPD System and its contents will always be available or that access to the System will be uninterrupted.

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

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

5.5 IMCA may vary these terms and conditions at any time by posting the amended terms on the DP CPD System 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.

6 Price and Payment

6.1 Access to each DP CPD module is available at the price of GBP £45.00 (+VAT if applicable).

7 Intellectual Property Rights

7.1 The DP CPD System is protected by copyright, trademarks and other intellectual property rights owned by or assigned to IMCA.

7.2 All intellectual property rights existing or arising in the DP CPD System, 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 DP CPD System shall at all times belong to and remain vested in IMCA. No user data that is uploaded or entered into the DP CPD System, proprietary rights or any other rights whatsoever are assigned, granted or shall otherwise pass to any user.

8 Liability

8.1 IMCA’s and NI’s aggregate liability for a breach of these terms and conditions and any non-contractual claims relating to the DP CPD System shall not exceed the fee you paid by such user for the latest module. If no fee is paid by a user IMCA and NI’s liability in the aggregate to such user shall not exceed GBP £10.

8.2 You remain solely responsible for the safe, lawful and proper conduct of any activities you carry out. Neither IMCA nor NI will have any 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 DP CPD System.

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

8.4 The content and data contained in the DP CPD System 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 DP CPD System.

8.5 Neither IMCA nor NI will have any liability in respect of any information contained within the DP CPD System 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.

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

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

9 Privacy and Data Protection

9.1 The DP System privacy policy explains how IMCA and the Nautical Institute may use personal data. This is provided at https://www.imca-int.com/privacy-policy/dpcpd together with links to each organisation’s own privacy policies.

10 Information About Us and How to Contact Us

10.1 International Marine Contractors Association (“IMCA”) which conducts business through IMCA Trading Ltd registered in England and Wales with company number 07169292, registered address 2nd Floor, 168 Shoreditch High Street, London E1 6RA, United Kingdom. Our registered VAT number is GB 262 7056 07.

10.2 The Nautical Institute (the “NI”) conducts business through The Nautical Institute, registered in England and Wales at 200B Lambeth Road, London, SE1 7JY, with company number 2570030 and charity number 1002462.

10.3 You can contact IMCA by calling +44 (0) 20 7824 5526, by email to [email protected] or by writing to us at IMCA Trading Ltd, 66 Buckingham Gate, London SW1E 6AU, UK.

10.4 You can contact The Nautical Institute by calling +44 (0) 20 7928 1351, by email to [email protected] or by writing to us at 200B Lambeth Road, London, SE1 7JY, UK.

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.