Building Skills for the Future of the Marine Industry

British Marine Training Academy LMS Terms of Use

Organisation: British Marine Federation
Registered office: Tagus House, 9 Ocean Way, Southampton, England, SO14 3TJ
Company number: 02592536
VAT number: GB358705331
Contact email: training@britishmarine.co.uk
Effective date: 05 August 2026
Version: 1.0

1. About these terms

1.1 These Terms of Use govern access to and use of the British Marine Training Academy learning management system, including its website, applications, courses, videos, webinars, assessments, downloads, discussion areas and related learning services. Together, these are referred to as the LMS.

1.2 The LMS is operated by British Marine Federation, referred to in these terms as we, us, our or the Association.

1.3 These terms apply to:

a. individuals who purchase or access training for themselves;
b. employees, contractors, volunteers or representatives given access by their employer or another organisation; c. member organisations purchasing or allocating training to their personnel; and
d. any organisation purchasing licences, enrolments or other LMS services.

Each individual using the LMS is referred to as a Learner. An organisation purchasing or arranging access for Learners is referred to as an Organisational Customer.

1.4 By creating an account, purchasing a course, accepting an invitation to join the LMS or using the LMS in any way, you agree to these terms. If you do not agree to these Terms you must not use the LMS. We may update these terms in accordance with clause  24, which explains when updated terms apply to existing purchases or access.

1.5 You should read these terms in conjunction with our Privacy Notice and Cookie Notice which can be found on our website at: About Us :: British Marine. You should also read these terms together with any course-specific conditions shown before purchase or access of a course on the LMS. Course-specific conditions may form part of the contract for the relevant course.

1.6 Where an order form, proposal or separate written agreement has been agreed with an Organisational Customer, the following order of precedence applies in the event of inconsistency:

a. the signed order form or separate written agreement;
b. any course-specific conditions shown before purchase;
c. these Terms of Use; and
d. general promotional material.

Nothing in promotional material overrides the express terms of an accepted order.

2. Eligibility and authority

2.1 You must be at least 18 years old to purchase training unless we expressly agree otherwise. Learners under 18 may only use the LMS and undertake any training where this has been agreed by us and appropriate consent, including any required parent, guardian, school, employer or organisational consent has been obtained, and appropriate safeguarding arrangements are in place. We may refuse or suspend access where we reasonably consider that those arrangements are not adequate or where we reasonably consider that the selected course is not suitable for a Learner under 18.

2.2 When creating an account or placing an order, you confirm that the information supplied is accurate, current and complete.

2.3 Where you act for an organisation, you confirm that you have authority to accept these terms and place orders on its behalf.

2.4 Some courses may have stated prerequisites, experience requirements, age restrictions, medical requirements, identity checks or other eligibility conditions. You are responsible for checking these before enrolling.

2.5 We may refuse or cancel an enrolment where eligibility requirements are not met. Any refund will be determined in accordance with clause 8 and any course-specific conditions.

3. Accounts and access credentials

3.1 Each Learner must normally have an individual account. Accounts and course access must not be shared unless we have expressly authorised a shared or group arrangement.

3.2 You are responsible for:

a. keeping your password and access credentials confidential;
b. using reasonable security measures to protect your account;
c. ensuring that your contact details remain accurate; and
d. Notify us promptly if you believe your account has been accessed without permission.

3.3 You must not allow another person to complete training, assessments or identity checks using your account.

3.4 We may require reasonable evidence of identity before issuing a certificate, restoring access, changing an account name or dealing with a request involving personal information.

3.5 We are not responsible for activity carried out through your account where this results from your failure to keep your credentials secure, except to the extent that the loss was caused by our breach of duty.

4. Organisational Customers

4.1 An Organisational Customer may nominate administrators who can allocate courses, manage licences and view permitted information about its Learners.

4.2 Depending on the services purchased and the information provided to Learners, authorised administrators may be able to view:

a. enrolment information;
b. course progress and completion status;
c. assessment attempts, scores and outcomes;
d. certificate details;
e. relevant dates, including last access and completion dates; and
f. other information reasonably required to administer the organisation’s training programme.

4.3 Organisational Customers must ensure that their Learners are told, before enrolment where reasonably possible, what information the organisation will receive and how it will be used.

4.4 The respective data protection responsibilities of the Association and the Organisational Customer will be described in our Privacy Notice, applicable contract or data-processing agreement.

4.5 An Organisational Customer is responsible for:

a. ensuring that it has an appropriate basis for providing Learner information to us;
b. keeping its administrator permissions and Learner lists current;
c. removing access from administrators who no longer require it;
d. using LMS reports and Learner information lawfully and fairly; and
e. ensuring that its Learners comply with these terms.

4.6 Unless otherwise agreed, unused licences may not be transferred outside the purchasing organisation. A licence may be reassigned to another Learner within the organisation only before the original Learner has materially started the course.

4.7 Paid enrolments already allocated to Learners will not normally be affected by the organisation ceasing to be a member of the Association. However, access supplied solely as an ongoing membership benefit may end when the relevant membership ends.

4.8 An Organisational Customer shall remain responsible for and indemnify us against all losses, damages, reasonable costs, expenses, liabilities, claims and proceedings arising out of or in connection with:

a. any breach of these Terms by the Organisational Customer or by any of its Learners;

b. any misuse of the LMS, course materials, certificates, reports or Learner information by the Organisational Customer or by any of its Learners;

c. any unauthorised copying, sharing, resale, distribution or commercial exploitation of LMS content or course access by the Organisational Customer or by any of its Learners;

d. any claim that information, materials or content provided by the Organisational Customer or its Learners infringes a third party’s intellectual property, confidentiality, privacy, data protection or other rights;

e. any unlawful, unfair or inadequate handling of Learner information by the Organisational Customer; and

f. any third-party claim arising from how the Organisational Customer, its Learners, or any of its employees, contractors or representatives use, apply or rely on the training, course materials or certificates in practice.

4.9 Clause 4.8 does not apply to the extent that the relevant claim or loss is caused by our own breach of these Terms, negligence, fraud, wilful misconduct or failure to provide the LMS or course materials with reasonable care and skill.

5. Orders and contract formation

5.1 Course descriptions, prices, access periods, delivery methods and any prerequisites will be displayed on the relevant course page, quotation or order form.

5.2 An online order is an offer to purchase the selected training. A contract is formed when we send an order confirmation or provide access, whichever occurs first.

5.3 For an Organisational Customer, a contract may also be formed when we accept a signed order form, written quotation, purchase order or other written instruction to proceed.

5.4 We may reject an order before acceptance, including where:

a. a course is unavailable;
b. the price or description contains an obvious error;
c. payment or credit approval cannot be obtained;
d. eligibility requirements are not satisfied; or
e. we reasonably suspect fraud, misuse or unauthorised resale.

5.5 Where we cancel an order before providing the relevant training, we will refund amounts paid for the cancelled element.

5.6 Without limiting our suspension and termination rights under clause 20, where we have accepted an order but subsequently discover or reasonably suspect that any of the circumstances listed in clause 5.4 applied at the time of the order, or that any order, account or access has been obtained or used fraudulently, unlawfully, in breach of these Terms, or for unauthorised resale or commercial exploitation, we may cancel the order, withdraw or suspend access to the relevant course or LMS services, and/or terminate the affected account.

5.7 Where we cancel an accepted order or withdraw access under clause 5.6, any refund will be determined reasonably having regard to the circumstances. We may refuse or reduce a refund where access has been used, course materials have been downloaded or viewed, certificates have been issued, or the cancellation results from fraud, misuse, unauthorised resale, breach of these Terms or inaccurate information supplied by the purchaser or Learner. This does not affect any refund or other rights that an individual consumer has by law.

6. Prices and payment

6.1 Prices will be shown in pounds sterling unless stated otherwise. Prices are exclusive of VAT unless expressly described as including VAT.

6.2 Payment must be made using the methods offered during checkout or in accordance with an agreed invoice.

6.3 Organisational Customers must pay valid invoices within [30] days of the invoice date unless otherwise agreed in writing.

6.4 Where payment is overdue, we may suspend unallocated licences or future access after giving reasonable notice. We will not normally prevent a Learner from accessing a course that has been fully paid for because of an unrelated disputed invoice.

6.5 Member prices and discounts are available only to organisations or individuals satisfying the stated membership conditions at the time of purchase. Discounts are not transferable and cannot normally be applied retrospectively.

6.6 Learners or organisations are responsible for any equipment, internet connection, software or other costs needed to access the LMS unless the course description states otherwise.

6.7 We may, from time to time, offer promotional prices, discounts, bundles, voucher codes, member offers or other special offers on any training available on the LMS. Any such promotion will be subject to the specific terms stated at the time of the offer, including any eligibility criteria, availability, expiry date, course restrictions and limits on use. Unless expressly stated otherwise, promotions cannot be combined with any other discount and may be withdrawn by us at our sole discretion.

7. Course access

7.1 Access begins on the date stated in the order confirmation, course page or invitation email.

7.2 Unless otherwise specified, access to a self-paced course will be available for 12 months from enrolment.

7.3 Access periods may vary between courses. The applicable period will be shown before purchase or in the order confirmation.

7.4 Course access is personal, limited, non-exclusive, non-transferable and revocable in accordance with these terms.

7.5 Expiry of course access does not normally remove a certificate already validly earned, but the Learner may no longer be able to view course materials or repeat assessments.

7.6 Extensions may be granted where:

a. an extension has been included in the course offering;
b. technical problems attributable to us materially prevented access;
c. a reasonable adjustment is required; or
d. we otherwise agree in writing.

An administrative fee may apply to discretionary extensions, provided this was disclosed before the extension was purchased.

8. Cancellations, refunds and substitutions

Individual consumers

8.1 Nothing in these terms affects an individual consumer’s statutory rights.

8.2 Where an individual purchases online for purposes wholly or mainly outside their trade, business, craft or profession, they may have a legal right to cancel within 14 days after the contract is formed.

8.3 Where the individual asks us to begin providing a training service during the cancellation period and subsequently cancels, we may deduct an amount proportionate to the service provided, where permitted by law.

8.4 Where the purchase includes digital content supplied immediately, the individual may be asked to:

a. expressly consent to supply beginning during the cancellation period; and
 b. acknowledge that the statutory cancellation right may be lost when supply of that digital content begins.

We will not treat a statutory cancellation right as lost unless the legal requirements for doing so have been satisfied.

8.5 Cancellation requests must be sent to training@britishmarine.co.uk and should include the purchaser’s name, order number and course.

8.6 Any refund legally due will normally be made within 14 days using the original payment method.

8.7 After any applicable statutory cancellation period has ended, fees are not normally refundable merely because the Learner:

a. changes their mind;
b. does not use the course;
c. fails to complete within the access period; or
d. no longer requires the training.

This does not affect rights where the course is faulty, materially misdescribed, unavailable or not provided with reasonable care and skill.

Business and organisational purchases

8.8 Unless an order form or course-specific condition says otherwise, an Organisational Customer may cancel an order within five Business Days after acceptance, provided that no licence has been allocated and no Learner has accessed the course.

8.9 Once access has been allocated or used, business purchases are non-refundable except where:

a. we cancel the course;
 b. we fail to supply the agreed service;
 c. the course is materially different from its agreed description; or
 d. a refund is otherwise required by law.

8.10 Before a Learner materially starts a course, an Organisational Customer may request that the enrolment be reassigned to another eligible person within the same organisation.

Scheduled sessions

8.11 Instructor-led, live online or scheduled training may have separate cancellation, substitution and non-attendance conditions. These will be displayed before purchase or included in the relevant quotation.

8.12 Where we cancel a scheduled session, we will offer a reasonable alternative date, substitute session or refund for the cancelled session.

9. Permitted use

9.1 We grant each Learner a limited licence to use the LMS and course materials for their own learning and internal professional development during the applicable access period.

9.2 An Organisational Customer may use reports and certificates for its internal training, competence, compliance and personnel administration purposes.

9.3 Unless we give prior written permission, you must not:

a. copy, reproduce, modify, publish, reverse engineer or distribute any course or any part of a course;
b. record or redistribute webinars, videos or instructor-led sessions;
c. share course files, assessment questions, answers or login details;
d. sell, sublicense or commercially exploit LMS content;
e. remove copyright, trademark or ownership notices from any course materials or LMS content;
f. translate, adapt or create derivative training materials from any LMS content;
g. use automated tools to scrape, extract or systematically download content;
h. frame, mirror or embed the LMS within another service; or
i. use LMS materials to train an artificial intelligence model or create a competing product.

9.4 Reasonable personal notes and copies expressly made available for download may be retained for the Learner’s own reference, subject to any conditions displayed with the material.

9.5 You agree to use the LMS only as permitted under these Terms.

10. Acceptable use

10.1 You must use the LMS lawfully, professionally and respectfully.

10.2 You must not:

a. misuse the LMS in any way including by introducing malware, viruses, trojans, worms, logic bombs, harmful code or security threats or other material that is maliciously or technologically harmful, or otherwise harmfully interacts with the LMS or any part of it;
b. attempt to bypass access controls, gain unauthorised access to the LMS, the server on which the LMS is stored or any server, computer or database connected to the LMS or any other equipment or network connected with the LMS;

c. test vulnerabilities without permission;
d. interfere with, damage or disrupt the operation or availability of the LMS or any software used in the provision of the LMS or any equipment or network or software owned or used by any third party on which the LMS relies in any way;
e. attack the LMS via a denial-of-service attack or a distributed denial-of-service attack;

f. impersonate another person or misrepresent your identity or qualifications;
g. submit another person’s work as your own;
h. use artificial intelligence, automation or third-party assistance to complete an assessment unless expressly permitted;
i. post unlawful, defamatory, discriminatory, abusive or offensive material;
j. disclose confidential or personal information without authority;
k. send spam, advertising or unsolicited promotions; or

l. use the LMS in a way that infringes another person’s rights, including any intellectual property rights.

10.3 You must not upload confidential business information, special-category personal data or information about identifiable customers, employees or third parties unless the course expressly requires it and appropriate safeguards are in place.

11. Discussion areas and Learner content

11.1 Some courses may allow Learners to submit assignments, comments, questions, files or other content.

11.2 You retain ownership of your original content but grant us a non-exclusive, royalty-free licence to store, reproduce and display it to the extent necessary to operate the LMS, deliver the course and assess your work.

11.3 You confirm that you have the right to submit your content and that it does not infringe another person’s intellectual property, confidentiality, privacy or other rights.

11.4 Discussion areas may be visible to other Learners, instructors or organisational administrators. Do not post anything that you would not wish those users to see.

11.5 We may moderate or remove content that breaches these terms, but we are not obliged to monitor every submission or discussion.

11.6 Views expressed by Learners or guest contributors do not necessarily represent the views of the Association.

12. Assessments and academic integrity

12.1 Assessments must be completed by the registered Learner without unauthorised assistance.

12.2 Unless a course expressly permits it, Learners must not:

a. copy or share assessment questions or answers;
b. use another person to complete work;
c. use generative artificial intelligence to produce submitted answers;
d. obtain answers from unauthorised online sources; or
e. interfere with assessment controls.

12.3 We may investigate suspected misconduct and may require a Learner to repeat an assessment, provide evidence of identity or explain how work was produced.

12.4 Where we reasonably conclude that serious misconduct has occurred, we may invalidate an assessment or certificate and suspend the Learner’s access. We will provide the Learner or Organisational Customer with a reasonable opportunity to respond before making a final decision, except where immediate action is necessary to protect the course, LMS or other users.

12.5 Any appeal must be submitted within 12 Business Days of the decision in accordance with our ASSESSMENT APPEALS POLICY, which is available on request.[AB1] 

13. Completion records and certificates

13.1 A certificate will be issued only where the Learner meets the stated completion and assessment requirements.

13.2 Certificates may include the Learner’s name, course title, completion date, expiry date, certificate number and relevant accreditation details.

13.3 Learners are responsible for ensuring that their name is correctly recorded before a certificate is issued. We may charge a reasonable fee to reissue a certificate where the error resulted from incorrect information supplied by the Learner.

13.4 A certificate confirms only that the stated LMS requirements were completed. It does not, by itself:

a. confer a professional licence;
b. prove continuing occupational competence;
c. authorise the Learner to undertake regulated or safety-critical work;
d. replace workplace supervision, practical assessment or experience; or
e. guarantee acceptance by an employer, regulator, insurer or other organisation.

13.5 A course will be described as accredited, regulated or carrying continuing professional development hours only where this is expressly stated.

13.6 The Learner and their employer remain responsible for determining whether a course satisfies any legal, regulatory, contractual or professional requirement relevant to them.

13.7 We may correct or withdraw a certificate that was issued in error, obtained dishonestly or based on invalid information. We will act reasonably and notify the affected Learner.

14. Training content and professional responsibility

14.1 We take reasonable care to ensure that course content is accurate and appropriate when published.

14.2 Industries, standards, technology, laws and guidance change. Unless stated otherwise, course materials reflect information available on their stated publication or review date.

14.3 Training content is provided for education and general guidance. It is not a substitute for:

a. legislation, regulatory requirements or official standards;
b. manufacturer instructions;
c. site-specific risk assessments or operating procedures;
d. professional legal, financial, medical, technical or safety advice; or
e. competent supervision and practical training where these are required.

14.4 Learners must apply appropriate professional judgement and comply with the rules, procedures and requirements applicable to their work.

14.5 We may update content to correct errors, reflect developments or improve learning outcomes, provided that this does not materially reduce the course purchased.

15. Availability and technical requirements

15.1 We aim to make the LMS available reliably but do not guarantee uninterrupted or error-free access.

15.2 Access may be temporarily unavailable because of:

a. planned maintenance;
b. urgent security work;
c. internet or hosting failures outside our reasonable control;
d. third-party platform failures; or
e. events described in clause 23.

15.3 Where reasonably possible, we will give advance notice of planned maintenance likely to cause material disruption.

15.4 We may change the technical design, functionality or hosting arrangements for the LMS. We will not materially reduce access to a paid course without providing an appropriate remedy.

15.5 Learners are responsible for using a supported browser, a suitable device, an adequate internet connection and any software specified on the course page.

15.6 Technical support is available through training@britishmarine.co.uk during normal UK business hours.

16. Accessibility and reasonable adjustments

16.1 We aim to make our learning services accessible and inclusive.

16.2 Learners who require a reasonable adjustment should contact training@britshmarine.co.uk as early as possible. We may ask for enough information to understand the barrier and identify an appropriate adjustment, but we will not request unnecessary medical information.

16.3 Possible adjustments may include accessible documents, captions, additional assessment time, alternative formats or other reasonable changes, depending on the course and the Learner’s needs.

16.4 Where a requested adjustment would fundamentally change a competence standard or assessment outcome, we will discuss whether another appropriate adjustment is available.

16.5 Accessibility information and known limitations are described in our Accessibility Statement.

17. Personal information

17.1 We process personal information in accordance with applicable data protection law and our Privacy Notice.

17.2 Information processed through the LMS may include:

a. identity and contact details;
b. employer and membership information;
c. enrolments, activity, progress and assessment records;
d. certificates and qualification records;
e. payment and transaction information;
f. technical, device and security information; and
g. support communications and feedback.

17.3 We may use third-party suppliers to host or support the LMS, process payments, deliver communications, verify identity, provide webinars, issue certificates or allow us to obtain feedback on the LMS.

17.4 Where access is supplied through an Organisational Customer, we may share relevant progress and completion information with that organisation as described in clause 4 and our Privacy Notice.

17.5 Where we know or reasonably believe a Learner is under 18, we may process their personal information for the purposes of administering course access, delivering training, monitoring progress, issuing certificates and complying with safeguarding or legal obligations. We will take reasonable steps to ensure that our processing is fair, transparent and appropriate for the age and understanding of the learner.

17.6 Learners should read the Privacy Notice before using the LMS. Questions about personal information may be sent to dataprotection@britishmarine.co.uk.

17.7 The Association and an Organisational Customer may each have separate legal responsibilities for their own use of Learner information. Nothing in these terms authorises either party to use personal information unlawfully.

18. Intellectual property

18.1 The LMS, course design, text, videos, graphics, branding, assessments, software and other materials are owned by or licensed to the Association.

18.2 All copyright, database rights, trademarks and other intellectual property rights in those materials are reserved.

18.3 The rights granted under clause 9 do not transfer ownership of any intellectual property to a Learner or Organisational Customer.

18.4 The names and logos of the Association, its courses, partners and accrediting bodies must not be used without the relevant owner’s permission.

19. Third-party materials and services

19.1 Courses may include links to third-party websites, standards, publications, software or services.

19.2 Third-party services may be governed by their own terms and privacy notices.

19.3 We are not responsible for the continuing availability or content of third-party resources outside our control, although we will take reasonable steps to replace a resource where its loss materially affects a paid course.

19.4 A link or reference does not necessarily indicate endorsement of every statement, product or service offered by the third party.

20. Suspension and termination

20.1 We may temporarily suspend access where reasonably necessary to:

a. protect the security or integrity of the LMS;
b. investigate suspected fraud or misconduct;
c. prevent harm to other users;
d. address a material breach of these terms; or
e. comply with a legal or regulatory obligation.

20.2 Except in urgent cases, we will normally explain the reason and provide a reasonable opportunity to remedy the breach.

20.3 We may terminate access where:

a. there is a serious or repeated breach of these terms;
b. an account has been obtained or used fraudulently;
c. the Learner cheats or falsifies completion records;
d. continued access creates a material security risk; or
e. payment remains overdue following reasonable notice.

20.4 Termination for a Learner’s or Organisational Customer’s material breach does not create a right to a refund, except where required by law.

20.5 On termination, the right to access and use course materials ends. Provisions concerning intellectual property, confidentiality, liability, records and governing law continue where their nature requires this.

21. Our responsibility to individual consumers

21.1 Nothing in these terms excludes or limits:

a. liability for death or personal injury caused by negligence;
b. liability for fraud or fraudulent misrepresentation;
c. statutory rights that cannot legally be excluded; or
d. any other liability that cannot legally be limited.

21.2 We are responsible for loss or damage suffered by a consumer that is a foreseeable result of our breach of contract or failure to use reasonable care and skill.

21.3 We are not responsible for loss that was not foreseeable when the contract was formed.

21.4 The LMS is supplied for personal learning and professional development. You should use any training or course content provided through the LMS in accordance with these Terms, including clause 14. You acknowledge and agree that we are not responsible to an individual consumer for business losses, including loss of profit, loss of revenue, loss of business opportunity or anticipated savings.

21.5 We do not exclude responsibility for damage to a consumer’s device or other digital content where defective digital content supplied by us causes that damage and we failed to use reasonable care and skill.

21.6 Subject to clauses 21.1 and 21.5, and without affecting any rights that an individual consumer has by law, our total liability to an individual consumer arising under or in connection with a course, enrolment, purchase or use of the LMS, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount paid or payable by the consumer for the affected course, enrolment or LMS service.

22. Our responsibility to businesses and organisations

22.1 This clause applies to Organisational Customers and also to those customers who are acting for purposes relating to their trade, business, craft or profession.

22.2 Nothing in these terms limits or excludes liability for:

a. death or personal injury caused by negligence;
b. fraud or fraudulent misrepresentation;
c. wilful misconduct; or
d. liability that cannot legally be limited or excluded.

22.3 Subject to clause 22.2, neither party will be liable for:

a. indirect or consequential loss;
 b. loss of profit, revenue, anticipated savings or business opportunity;
 c. loss of goodwill or reputation; or
 d. loss or corruption of data, except for reasonable restoration costs directly caused by that party’s breach.

22.4 Subject to clause 22.2, our total aggregate liability arising out of or in connection with an order, course or LMS service shall not exceed the fees paid or payable for the affected course, enrolment or LMS service to which the claim relates

22.5 The limitation in clause 22.4 applies only to our liability. It does not limit or exclude the liability of an Organisational Customer or other business customer for any breach of these Terms by them (or persons whom they are liable for), including any liability for misuse of the LMS, unauthorised sharing or resale of access, breach of confidentiality, infringement or misuse of our intellectual property rights, failure to pay fees, or breach of applicable data protection obligations, except to the extent that liability cannot lawfully be unlimited.

23. Events outside reasonable control

23.1 Neither party will be responsible for delay or failure caused by circumstances outside its reasonable control, including severe disruption to telecommunications, hosting infrastructure, utilities, transport, civil emergency, natural disaster, epidemic, industrial action or government restriction.

23.2 The affected party must take reasonable steps to reduce the impact and resume performance.

23.3 Where such an event prevents us from supplying a material part of a paid course for an extended period, we will offer a reasonable extension, alternative course, credit or proportionate refund.

24. Changes to these terms

24.1 We may update these terms to reflect changes in law, regulation, technology, security, LMS functionality or our services.

24.2 The terms accepted at the time of purchase will continue to govern that purchase unless:

a. a change is required by law or for security reasons;
b. the change benefits the Learner; or
c. the customer agrees to the change.

24.3 For material changes affecting existing access, we will provide reasonable notice by email or through the LMS.

24.4 Continued use after a notified change takes effect constitutes acceptance only where it is fair and lawful to treat continued use as acceptance.

25. Complaints

25.1 Questions or complaints should first be sent to:

Email: training@britishmarine.co.uk
Address: Tagus House, 9 Ocean Way, Southampton, England, SO14 3TJ

25.2 Please include the Learner’s name, course, order number and a clear description of the issue.

25.3 We aim to acknowledge complaints within five Business Days and provide a substantive response within 20 Business Days.

25.4 Assessment appeals must be made through the separate process described in clause 12.

25.5 Nothing in this clause prevents a consumer from using any statutory dispute-resolution or court process available to them.

26. General provisions

26.1 Entire agreement. For business customers, the accepted order and the documents identified in clause 1 constitute the entire agreement concerning the relevant services. This does not exclude liability for fraud.

26.2 No waiver. A delay in enforcing a right does not waive that right.

26.3 Severability. If a court finds part of these terms unlawful or unenforceable, the remaining provisions will continue to apply.

26.4 Assignment. Learners may not transfer their rights under these terms. We may transfer our rights and obligations to another organisation where this does not reduce a consumer’s rights or materially disadvantage the customer.

26.5 Third-party rights. Unless expressly stated otherwise, a person who is not a party to the contract has no right to enforce it under the Contracts (Rights of Third Parties) Act 1999.

26.6 Notices. Notices may be sent to the email or postal address supplied by the relevant party. Learners and Organisational Customers are responsible for keeping their contact information current.

27. Governing law and jurisdiction

27.1 These terms and any dispute or claim arising from them are governed by the law of England and Wales.

27.2 Where the customer is a business, the courts of England and Wales have exclusive jurisdiction.

27.3 An individual consumer living in Scotland or Northern Ireland may bring proceedings in the courts of the part of the United Kingdom in which they live. A consumer living elsewhere retains any mandatory rights available under the law applicable to them.

28. Contact details

Questions about the LMS or these terms should be sent to:

British Marine Federation
 Tagus House, 9 Ocean Way, Southampton, England, SO14 3TJ

Email: training@britishmarine.co.uk