Please read this agreement carefully as it governs the use of the MyBoatCard.com website
We reserve the right, in our sole discretion, to change the terms of this policy at any time. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such terms and conditions. You may not change this Agreement in any manner.
This policy, together with the documents expressly referred to herein, constitutes the sole and entire agreement between you and the Company with respect to the website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website.
YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent and MyBoatCard.com regarding your access to and use of the MyBoatCard.com website and all content, information, products and services available on or through the website. This Agreement also provides benefits to MyBoatCard.com affiliates, service providers, suppliers and other persons.
By using the website, you indicate that you accept the policy and that you agree to abide by it.
If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you represent, you may not access or use the Website.
This Agreement is in addition to any other agreement you may have with MyBoatCard.com, including a transaction agreement.
PERMISSION TO USE THE WEBSITE
You may use the MyBoatCard.com website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. MyBoatCard.com reserves the right to request proof of identification and age.
OWNERSHIP AND PERMITTED USE OF THE WEBSITE
MyBoatCard.com website, (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, some images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of MyBoatCard.com and others, and is protected by international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of MyBoatCard.com. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
MyBoatCard.com aims to provide current and accurate information on the website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products), or other errors may sometimes occur. MyBoatCard.com cannot guarantee that products and services advertised on the website will be available when ordered or thereafter.
MyBoatCard.com reserves the right to:
- Correct any error, inaccuracy, or omission at any time without prior notice or liability to you or any other person;
- Change at any time the products and services advertised or made available for sale on the website; the prices, fees, charges, and specifications of such products and services; any promotional offers; and any other website content without any notice or liability to you or any other person;
- Reject, correct, cancel, or terminate any order, including accepted orders for any reason; and
- Limit quantities available for sale or sold.
MyBoatCard.com and other names and logos appearing on or in connection with Website (the “Marks”) are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by their respective owners or licensees. Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited.
NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
To request permission to link to the MyBoatCard.com website, please send an email to [email protected]. Links to MyBoatCard.com website, without the permission of MyBoatCard.com are strictly prohibited. MyBoatCard.com may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.
The framing, mirroring, scraping or data-mining of the MyBoatCard.com website or any of its content in any form and by any means is strictly prohibited.
USERNAMES AND PASSWORDS
Username and password are used to access certain areas of the MyBoatCard.com website.
For the purposes of accessing the Website, the Passwords remain the property of MyBoatCard.com and may be cancelled or suspended at any time by MyBoatCard.com in its discretion without any notice or liability to you or any other person. MyBoatCard.com is not under any obligation to verify the actual identity or authority of any person using Passwords to access and use the Website. MyBoatCard.com may act upon any communication that is given with the use of Passwords.
MyBoatCard.com may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if MyBoatCard.com is not satisfied with such proof. If you have been issued Passwords:
- You are fully responsible and liable for the security of the Passwords and any and all use and misuse of the Passwords;
- You will keep the Passwords secure and confidential at all times and not disclose the Passwords to any other person or permit any other person to use the Passwords;
- You will ensure that all uses of the Passwords comply with this Agreement;
- Once you have logged-on to the Website using the Passwords, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and
- You will immediately notify MyBoatCard.com by email to: [email protected] if you know or suspect that any Passwords have been lost or stolen or become known to or used by any other person.
MyBoatCard.com may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software Licence Agreement.
From time to time MyBoatCard.com may make contests available to users of the Website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
In order to avoid potential misunderstandings or disputes, MyBoatCard.com does not accept or consider unsolicited ideas or suggestions (“Submissions”). If you send Submissions to MyBoatCard.com, you automatically grant (or warrant that the owner of the Submissions grants) to MyBoatCard.com and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of MyBoatCard.com or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of MyBoatCard.com and its successors, assigns and licensees.
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete.
MyBoatCard.com will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, MyBoatCard.com or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
Your access to and use of the website is at your own risk. the website is provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by MyBoatCard.com to the fullest extent permitted by law.
MyBoatCard.com and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the website or this agreement including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by MyBoatCard.com or any person for whom MyBoatCard.com is responsible, and even if MyBoatCard.com has been advised of the possibility of such loss or damage being incurred.
Disclaimer of Liability
MyBoatCard.com shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of this website, any information, course materials, videos, animations or knowledge base content, contained on the website. in particular, your personal information or material and information transmitted over our system, neither MyBoatCard.com nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Acknowledgement and exclusion by statute in certain jurisdictions the exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. these statutory prohibitions may apply to you.
PERSONAL INFORMATION PRIVACY
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from MyBoatCard.com, have no responsibility or liability for or control over Other Sites, their business, goods, services, or content. MyBoatCard.com does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against MyBoatCard.com arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and MyBoatCard.com, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
Notwithstanding any other provision of this Agreement, MyBoatCard.com may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. MyBoatCard.com may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person. If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and MyBoatCard.com will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada. Any dispute between you and MyBoatCard.com or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively “Disputes”) will be resolved before the Courts of British Columbia, sitting in the City of Vancouver, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
Upon request MyBoatCard.com will refund all customers who have not successfully completed their online course within 60 days of the original purchase date. Please email [email protected]. to receive a refund.
- Refunds will be credited to the same card used when making the purchase.
- Refunds will NOT be issued to any customer who has successfully completed their MyBoatCard.com course.
Permanent Card not received
If you haven’t received your Permanent Card issued by MyBoatCard.com within 60 days of your test date, please contact [email protected]. Contacting MyBoatCard.com after this time will result in a reissue fee.
Please check your Permanent Card as soon as you receive it. If there is any error, such as an incorrect spelling of your name or date of birth, you must report it to MyBoatCard.com within 60 days of your test date. During this time if it is determined to be an error on the part of MyBoatCard.com, we will reissue your card at no charge.
If it has been more than 60days since since your test date or if the incorrect data was due to customer error then a reissue fee will apply.
Expiration of the account
The online exam must be completed within one year of registration. If not, the account expires and the fee is non-refundable.
MyBoatCard.com is committed to providing excellent service and superior value to our customers. We achieve this through quality leadership, industry leading innovation and continuous improvement in all of our services. We encourage your feedback. Please email [email protected].
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect . This Agreement ensures to the benefit of and is binding upon each of MyBoatCard.com and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. MyBoatCard.com may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be:
- deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or
- effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Any rights not expressly granted by this Agreement are reserved to MyBoatCard.com.