Legal Notice

Ver. 2.0. April 2021

GIMET e-Learning Platform Terms of Service (TOS)

1. Generalities

1.1. The following definitions apply for the purposes of this Terms of Service, hereinafter called TOS:

“Course(s)”: All video lessons and associated materials posted by GIMET on the GIMET e-learning platform, as well as any other software which may be installed and used on Trainee devices.

“Server Services”: Any service made available by GIMET to its Trainees on demand via the internet using a physical server. Such Server Services are accessible globally via the internet. Server providers engaged by GIMET to enable the provision of the Server Services, are compliant with the GDPR and the national laws of the European Union with regards to data protection.

“Trainee”: Individuals entering with GIMET into agreement of TOS. GIMET Trainee applies, pays and makes use of the e-learning platform, directly.

“GDPR”: General Data Protection Regulation (EU) 2016/679 of 27 April 2016.

“Materials”: All related documents and files, in any digital format, posted on the e-Learning platform used for training, and any report generated by the Platform on completion of a Self-Assessment and a Final Exam, as well as the certificates issued on successfully passing the Final Exam.

“Payment Methods”: Shall refer to the GIMET payment terms, located at www.gimet.global under the heading “Payment”.

“Personal Data”: Shall have the meaning set out in article referring to the GDPR.

“Courses”: Shall refer to each and every one of the learning material, in any digital format, provided by GIMET e-Learning Platform (GELP).

1.2. At the time of entering into this TOS agreement, each Course offers the functionalities as set out in the Course description included on the website www.gimet.global, as well as in the course specific terms, which are included in this document. Course description and course specific terms may be changed from time to time, upon reasonable prior notice to the Trainee.

1.3. GIMET will:

1.3.1. provide the Course, whose structure is defined by the Course description;

1.3.2. grant the required licenses and maintain the services offered to Trainees during the Term specified in this document

1.4. Each Course is offered in English. Further languages may be added in the future.

2. License

2.1. GIMET grants the Trainee the non-exclusive, temporary, and revocable license to use the GIMET e-learning platform, as a “Course over the internet”, during the Term. The License is completed in its entirety upon fulfilment of the intended course or, where applicable, upon expiry of the term of the subscription already paid for by the Trainee.

2.2. Trainee is permitted to use the GIMET e-learning platform to view, read, listen and print all the information and materials associated to a course. Furthermore, Trainee shall be granted access only to the e-learning platform. Any resale of the Material or of access to a course area on the e-learning platform is strictly prohibited, unless explicitly agreed on in writing between GIMET and Trainee.

2.3. The selling, lending, renting, licensing, distributing, copying or making available of the Courses, Materials or login data to any third parties, as well as the translation, adaptation, arrangement or any other alteration of the Course and/or associated materials without GIMET’s prior written consent is prohibited. Trainee is allowed to print the Speaker’s Notes only to the extent necessary for the use of the courses video support. The license granted to the Trainee is not transferable to any third party.

2.4. Trainee is aware that the use of the GIMET e-learning platform may be made available through Server Services and will require an operating network connection to the internet, as well as third-party software to be installed on the Trainee’s devices (such as operating systems, web-browsers, pdf readers, etc.).

3. License Fees and Payment

3.1. GIMET offers one type of license, as further defined in the Course description or relevant pricelist provided upon request or posted on the web site https://gimet.global

3.2. The course is considered started on the day the e-learning platform administrator sends the login data to the trainee by e-mail. Also, login data are transmitted automatically by the platform. Both manual and automatic e-mail containing login data are transmitted to the Trainee’s main e-mail address and secondary e-mail address, as provided by the trainee on the Application Form.

4. Relationship between GIMET and Trainee

4.1. Trainee can access a course posted on the GIMET e-learning platform only after paying the course’s fee. The relationship between GIMET and Trainee is limited to the access to the course granted by GIMET.

4.2. Trainee wishing to use the GIMET e-learning platform have to provide his correct personal data in order to verify their identity. The use of the e-learning platform without correct identification is prohibited.

4.3. GIMET is entitled to exclude Trainee from the course and to block the access to the e-learning platform and to withdraw issued certificates or other issued course’s material in case of:

4.3.1. breach of the General Terms and Conditions by an Trainee; or

4.3.2. defy the purpose of the Course provided, including, but not limited to: using the course with multiple users, disclosing login data, multiplying the materials, knowingly entering incorrect or fake information, or issuing fake certificates.

5. Liability

5.1. Each Party shall be liable without limitation if the other Party makes claims arising out of deliberate acts, for altered quality of delivered course and in the event of a fraudulent use of e-learning platform.

6. Intellectual Property and ownership of Trainee’s data and test input

6.1. The Course, the supporting e-learning platform source code and object code, as well as its interfaces and courses’ contents and associated materials are protected by national and international intellectual property laws. GIMET and, where applicable, third parties (i.e. the manufacturers of the underlying software, third-party authors, etc.) retain all intellectual property rights regarding the Course, the software, the course content and associated material, including any documentation made available to Trainee, who must not remove or cover attributions of authorship or copyright.

6.2. All personal data and all input made by Trainee shall remain Trainee’s sole property. Trainee, however, grants to GIMET the right to use the Trainee Data to generate statistics on his/her results.

7. Confidentiality

7.1. Confidential information means, in relation to either Party, all data (whether in oral, written or electronic form) belonging or relating to that Party, its business affairs or activities, which is marked as confidential or proprietary.

7.2. Each Party agrees not to make the other Party’s Confidential Information available in any form to any third party and not to use the other Party’s Confidential Information for any purpose other than the performance of its rights and obligations under this TOS.

7.3. Breach of any provision of this section shall give the disclosing Party the right to terminate this TOS with immediate effect.

8. Privacy and Data Protection

8.1. Both Parties undertake to comply with the applicable laws and regulations regarding protection of personal data. The Trainee is advised to comply, in particular, with all additional e-learning privacy requirements. Gimet Private Data Protection Policy is posted on the web site http://gimet.global

9. The Use of Courses

9.1. Trainee is aware that the he is required to prove his or her identity before being able to run a specific Course.

9.2. GIMET undertakes reasonable efforts to provide an uninterrupted operation of the Course and provision of services. However, Trainee is aware that the Course might be updated and changed from time to time, which might lead to a temporary interruption or unavailability of the services provided under this TOS. If possible, GIMET will inform Trainee about such interruptions duly in advance.

9.3. GIMET does not guarantee:

9.3.1. that any results indicating the performance of a Trainee are conclusive; and/or

9.3.2. that Trainee is fit for specific jobs or for specific decision-making purposes, within Trainee’s organization; and/or

9.4. Subject to the provisions of “Liability” section, GIMET cannot be held liable to Trainee for any decisions made by Trainee, and/or for any claims arising out of improper use of any ships’ or workshops’ equipment on which Trainee completed training.

10. Term and Termination

10.1. This Terms of Services (TOS) acts as a contract between parties, being made effective on the date the Trainee’s first log-in the GIMET e-learning platform. This TOS shall remain in effect for a period of 1 (one) year.

10.2. Furthermore, this TOS will be terminated with immediate effect at any time by written notice upon the insolvency or bankruptcy of either Party.

10.3. After termination of the TOS, Trainee understand and agree that:

10.3.1. Trainee’s account(s) will be deactivated; and

10.3.2. Trainee must not use any accompanying or generated Material.

11. Force Majeure

11.1. Neither Party shall be liable for delays caused by conditions beyond their reasonable control (“Force Majeure”), provided notice thereof is given to the other Party as soon as practicable. Force Majeure shall include, without limitation, hostilities, revolution, acts of war (whether or not declared), act of terrorism, civil commotion, strike, epidemic accident, quarantines or regional medical crisis, fire, flood, wind, earthquake or other inclement weather conditions and any impending threat of the foregoing, blockade, embargoes, shortage of materials or transportation facilities, strikes and lockouts, any other Acts of God or act of any government or governmental agency, including laws, regulation or ordinance and proclamation affecting the Parties, the work and the services to be provided without the fault or negligence of the Parties hereto, or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing.

12. Notices

12.1. Unless otherwise indicated, all notices to the Parties under this TOS, shall be transmitted by e-mail, to office@gimet.global or using details provided in the website https://gimet.global

13. Miscellaneous

13.1. Should any provision of this TOS become invalid or unenforceable, the validity or enforceability of the other provisions of this General Terms and Conditions shall not be affected thereby.

13.2. This Terms of Services and the relationship between the Parties shall be governed by, and interpreted in accordance with Romanian law. The UN Convention on the International Sale of Goods (CISG) shall not apply. Each Party hereby irrevocably agrees to the exclusive jurisdiction of the Courts of Constanta, Romania.

To access Gimet e-Learning Platform,

Please agree to the above TOS, mark the checkbox and submit your agreement to the system record (click Submit)

Global Institute for Maritime Education and Training