“Terms of Services” is the document that regulates the legal relationship between GIMET and you, as a Trainee enrolled in a GIMET course. The present Terms of Services (TOS) document is to be carefully read and submitted by the Trainee upon her/his application for a course on this web site.
For any comment related to TOS, please feel free to use the Contact Form on our web page: https://gimet.global/contact-ro/
For any other complaint, please use the Online Complaint Form available for Trainees on our online Platform:
https://e-learning.gimet.global/
1. Generalities
1.1. The following definitions apply for the purposes of this Terms of Services, hereinafter called TOS:
“Course(s)”: refer to each and every one of the learning material, in any digital format, provided by GIMET e-Learning Platform (GELP).
“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 provider engaged by GIMET to enable the provision of the Server Services, namely velia.net Internetdienste GmbH, is compliant with the GDPR and the national laws of the European Union with regards to data protection.
“Trainee”: Individual entering with GIMET into agreement of TOS. GIMET Trainee applies, pays and makes use directly of the e-learning platform.
“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 https://www.gimet.global/pay/ under the heading “Payment”.
“Personal Data”: Shall have the meaning set out in article referring to the GDPR.
1.2. Our commercial objective is to create and sell high quality accredited professional courses to personnel in the maritime sector, who are our “Clients”. In return, clients will pay a Course Fee, using the following payment methods (see also the “Apply and Pay” section of this web site):
- Bank transfer
- Credit or debit card (we accept Master Card and Visa Card)
- Google Pay
- iPhone Pay
A complete List of Courses that we can offer, their type and price in Euro can be found in the “Courses” section of this web site.
1.3. GIMET will:
1.3.1. provide Courses, whose Scope, Type, Entry Requirements, Objectives, Structure, Assessment and Certification and Price in USD are transparently given in the “Courses” area of this web site;
1.3.2. grant the required license and maintain the services offered to Trainees during the “Term” specified in this Terms Of Services;
1.4. Each Course is offered in English. Further languages may be added in the future.
2. License
2.1. GIMET grants the Trainee a non-exclusive, temporary and revocable license to use the GIMET e-learning platform, as a “Course over the internet license”, during the Term, as defined in Chapter 10 of this document. 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. The expiry of term occurs when a trainee does not successfully pass the finasl exam of the course within 1 year from the first login on the GIMET e-learning platform.
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 resale 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 content and 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 can 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. Fees and Payments
3.1. GIMET offers two types of courses: Online and Blended. Online courses are delivered 100% by our e-Learning Platform. Blended courses are delivered 75% on our e-Learning Platform and 25% by Zoom or Teams sessions. All courses and their type and price in USD are transparently shown in “Courses” section of this website.
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. The e-mail account used by Gimet e-learning platform administrator is techsupport@gimet.global
The e-mail containing login data is transmitted to the Trainee’s main e-mail address and secondary e-mail address, as provided by the trainee on the Application Form.
3.3. Trainee (client) may choose to pay by bank transfer, by credit/debit card or using wallet facilities (iPhone Pay, Google Pay or AliPay). Irrespective the payment method, Gimet issues a digital Stripe invoice which will be sent to the Trainee by e-mail, to both e-mail addresses of the Trainee. On receipt of the digital invoice, trainee will tap “Pay now” on the invoice and Stripe will open the methods of payment enumerated above. Trainee may pay in any currency.
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 license, or certificate, or other course’s material in case of:
4.3.1. breach of the General Terms and Conditions by the 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.
4.3.3. Trainee has the right to withdraw from a course at any time. Withdrawal and refund policy is transparently displayed in the “Terms of Service” section of this web site.
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 Gimet courses and 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 inputs, including answers to questions during the exams, made by Trainee, shall remain Trainee’s sole property. Trainee, however, grants to GIMET the right to use the Trainee Data related to her/his activity in the course (e.g. answers to questions or results of assessments) to generate statistics on his/her results. Also, GIMET engages to use the Trainee’s personal data as confidential, only in relationship with the Maritime Authority that accredited the course and will issue a STCW certificate on behalf of the Trainee. A special Data Protection Policy is displayed in the “Terms of Service” section of this web site.
7. Confidentiality
7.1. Confidential information means, in relation to either Party, information (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 Clients’ 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 assumes and displays the “Personal Data Protection (GDPR) Policy” in the “Terms of Service” section of this website.
9. The Use of Courses
9.1. Trainee is aware that she/he is required to prove his or her identity, usually using a scanned copy of the passport, before being able to run a specific professional Course, including a recent picture showing the entire face.
9.2. GIMET undertakes reasonable efforts to provide an uninterrupted operation of online courses and provision of other online services (applications, payments, communications). However, Trainee is aware that the server that hosts the Gimet e-learning platform might be updated from time to time, which might lead to a temporary interruption or unavailability, usually less than 1 hour, of the server services provided under this TOS. If possible, GIMET will inform Trainee about such interruptions duly in advance. The Gimet server that hosts the e-learning platform is administered by the German company “velia.net Internetdienste GmbH”, member of the GoDaddy Group.
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 a course or a training session with GIMET.
10. Term and Termination
10.1. This “Terms of Services (TOS)” acts as a contract between Gimet and Trainee, being made effective on the date the administrator of GIMET e-learning platform (techsupport@gimet.global) sends the login data to the trainee. For blended courses, this TOS shall remain in effect until the Certificate of Course Completion is issued and transmitted to the client (trainee) by e-mail (using the e-mail account office@gimet.global). For online courses, Clients are free to login/logout the course area on the Gimet e-learning platform and finalize the online course whenever they wish, at their discretion, no later than 1 year counted from the day when the login ID and password were sent by the e-learning platform administrator.
10.2. 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, Trainees understand and agree that:
10.3.1. Trainee’s account(s) will be deactivated; and
10.3.2. Trainee must not use any GIMET 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), acts 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 “Contact” section of this website.
13. Online Sales Policy
13.1. Access to place an Application Form is permitted to any Client. For justified reasons Gimet reserves the right to restrict the access of the Client in order to apply for a course or / and to some of the accepted payment methods, if it considers that based on the conduct or activity of the Client on the web site, his/her actions could harm Gimet in any way. In any of these cases, the Client may contact Gimet in order to be informed about the reasons that led to the application of the above measures.
13.2. Communication with Gimet can be done through direct interaction, using details in the “Contact” section of this Site.
13.3. Gimet may publish on the Site information about services and / or promotions practiced by it or by any other third party with which Gimet has concluded partnership contracts, within a certain period of time.
13.4. All tariffs related to the Gimet Services presented on the Site are expressed in USD (US dollars) and include VAT.
13.5. In case of online payments, Gimet is not / cannot be held responsible for any other additional costs borne by the Client, including but not limited to currency conversion fees applied by the issuing bank of his/her card, if the currency of his issuance differs from USD. The responsibility for this action lies solely with the Client/Trainee.
13.6. All information used to describe the our courses / services available on the web site (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation from Gimet, these being used exclusively as a presentation.
13.7. At the end of a course, the Trainee/Client will be required to submit a Feedback Survey related to the services that Gimet offered. The feedback survey form is placed on the e-Learning Platform. This way, the client contributes to informing other possible Clients on the Site and is actively involved in the development of new Services and in the most complete detailing of the characteristics of Gimet services/courses.
14. Intellectual and Industrial Property Right
14.1. The content, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and / or multimedia content presented on this Site, are the exclusive property of Gimet, being and reserved all rights obtained in this regard directly or indirectly (through licenses for use and / or publication).
14.2. Client is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, expose, include any Content in any context other than the original intended by Gimet, including any Content outside the Site, the removal of signs that signify the copyright of Gimet over the Content and participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of Gimet.
15. Billing and Payment
15.1. The prices of the Courses displayed on the web site include VAT, according to the law.
15.2. The price of each course offered by Gimet is specified in the “Courses” section of the website. As described in section 3 above, Gimet will issue a Stripe digital invoice to the Trainee, using only personal data that Trainee disclosed in the Application form.
15.3. After confirmation of payment, the Client’s credit/ debit card data are erased automatically.
15.5. The payment card data of the Client will not be accessible by Gimet and will not be stored by Gimet or by the payment processor integrated in the Web Site, but only by the transaction authorization institution or another entity authorized to provide card identification data storage services, about whose identity the Client/Trainee will be informed, prior to entering the data. The entity authorized to provide card data storage services is Stripe, a company incorporated and operating under the USA law. In certain cases, in order to maintain the security of the Transactions, when registering the payment order, the Trainee will be required to authorize the payment by re-entering the password related to the Account, or by using the fingerprint in the case of mobile terminals that have this facility. Sometimes a confirmation code will be sent to the client by sms or e-mail, as a supplementary security measure.
15.6. For transaction security reasons, the Client is advised not to remain logged on to the payment web site and not to set the option of automatic login on mobile devices. Disclosure of the account access password is not permitted and it is recommended to use a strong security password (eg, to contain at least eight characters, including uppercase, lowercase, numbers, and special characters).
16. Writing surveys, reviews, comments, questions and answers
16.1. Writing of Surveys, Reviews, Comments, Questions and Answers can be done, by Gimet trainees, in the “Feedback Survey” form, which is placed on the e-learning platform, in the course’s area. The information provided in the survey may be both positive and negative, and will refer to the characteristics and use of a Gimet services.
16.2. When registering a certain feedback to Gimet, trainee grants Gimet a non-exclusive, perpetual, irrevocable, unlimited territorial license, giving Gimet the right to use, reproduce, modify, adapt, publish, translate, distribute and display this content for only marketing purposes and for quality management system analyses.
16.2. Each trainee, at the time of completing a Feedback Survey, undertakes to respect the following rules:
– to make references only to the characteristics and / or the way of using a Gimet course, avoiding information related to aspects that can change (price or promotional offers);
– to use an appropriate, non-offensive language, without terms that may offend or affect any other potential or existing trainee.
– to ensure that the information entered is realistic, correct, not misleading and in accordance with applicable laws, thus respecting the rights of other parties, copyright, trademark, license or other property rights, publicity or privacy.
17. Miscellaneous
17.1. 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.
17.2. 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.
17.3. This Terms of Service becomes legally valid when submitted by the Trainee, on this webpage or on the e-Learning Platform.
17.4. The present Terms of Service are related to the following policy documents, which are displayed in the “Terms of Service” section of website: Complaint Policy, Privacy and Personal Data Protection Policy, Use of Cookies Policy, Withdrawal and Refund Policy.