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1. Application. These Terms & Conditions (“T&Cs”) apply to all training (“Training”) provided by DP Training Solutions (“DPTS”) and all purchases from DPTS.
2. Ordering and Payment. Customer must ensure proper and confirmed ordering of Training. No orders are confirmed until Customer receives an email receipt and submits payment in full. In addition, orders for the DP Induction course are not confirmed until a student provides DPTS with either a copy of his or her Certificate of Competence or, if the student is an officer trainee, proof indicating that he or she is on STCW training. Customer represents and warrants that he or she is not paying for the Training with funds obtained through a student loan.
3. Travel and Living Costs. No costs for travel, accommodation, living, or other expenses are included in the price of Training. Customer is responsible for arranging and paying for all
travel, accommodation, and other expenses associated with the Training. DPTS will provide lunch during each day of the Training.
4. Substitutions. DPTS allows substitutions to be made by contacting DPTS any time before the start of the course. Customer is solely responsible for arranging the substitution.
5. No Refunds; Cancellations. DPTS does not offer refunds on any Training purchase. Customer may receive credit for future Training if he or she notifies DPTS of the cancellation at least two weeks prior to the start of the course. No credit will be given if DPTS receives notice of the cancellation less than two weeks prior to the start of the course.
6. Good Conduct. All Customers must behave respectfully and appropriately and follow DPTS’s rules, regulations, and instructions while attending courses. DPTS reserves the right
to exclude Customers or terminate the course without refund in the event of disruptive, abusive, or threatening behavior by one or more Customers.
7. Intellectual Property. All training materials and information provided by DPTS in the Training constitute intellectual property belonging to DPTS. DPTS has copyrights to all Training materials, and no Training materials or other instruction shall be copied, photographed, or otherwise distributed to third parties.
8. Limitations of Liability. DPTS IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING, BUT NOT LIMITED TO, ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUES OR LOST BUSINESS INCURRED AS A DIRECT OR INDIRECT RESULT OF THE USE OF, OR RELIANCE ON, ANY OPINIONS, ADVICE, STATEMENTS, INSTRUCTIONS, OR OTHER INFORMATION PROVIDED DURING THE TRAINING OR IN THE TRAINING MATERIAL OR OTHERWISE ARISING FROM THESE T&CS.
9. No Guaranty of Certification. DPTS IS NOT RESPONSIBLE OR LIABLE FOR THE RESULTS OF ANY TEST TAKEN BY CUSTOMER DURING OR AFTER THE TRAINING OR FOR ANY CUSTOMER’S INABILITY TO OBTAIN ANY TYPE OF CERTIFICATION RELATED TO THE TRAINING.
10. Dispute Resolution. In the event of any dispute or claim arising out of or relating to these T&Cs and/or the Training, the parties shall use their good faith efforts to reach a mutually agreed resolution of the item or items in dispute. If the parties are unable to resolve such matter(s) within 30 days after either party gives the other written notice of the dispute, the matter shall be referred to final and binding arbitration and administered in accordance with the then-current JAMS Rules before a single neutral arbitrator on Long Island, New York.
11. Applicable Law. These T&Cs shall be governed by the laws of the State of New York.
12. Signature. Customer agrees to sign a copy of these T&Cs upon arrival for Training.