Terms and Conditions

Introduction

These Terms and Conditions govern your use of the Kelp. Learning Management System (LMS) subscription service. By subscribing to and using our LMS, you agree to abide by these terms. Please read them carefully.

Subscription and Access

We collect various types of information to provide and improve our services:

• Account Registration: To access the Kelp. LMS, users must register an account and provide the required information.
• Subscription Plans: We offer various subscription plans which may differ in features and duration (e.g., annual, three-year). Details of these plans are available on our website or during the sign-up process.
• Grant of Access: Access to the Kelp. LMS is granted upon successful payment of the applicable subscription fees and shall remain active for the duration of your chosen subscription period.
• Personal and Non-Transferable: Your subscription to the Kelp. LMS is personal to you or your organisation (as applicable) and is non-transferable to any other individual or entity.

Payment and Billing

We collect various types of information to provide and improve our services:

• Subscription Fees: Subscription fees shall be billed according to the plan you select (annually for annual and three-year plans).
• Payment Processing: All payments shall be processed securely through our designated payment gateways.
• Failure to Pay: Failure to make timely payments may result in the suspension or termination of your access to the Kelp. LMS.
• No Refunds: Unless explicitly stated otherwise in our separate Cancellation Policy, no refunds shall be issued for subscription fees.

User Responsibilities

• Accurate Information: You are responsible for providing accurate and up-to-date information during the registration process and for keeping your account details current.
• Lawful and Educational Use: The Kelp. LMS shall be used solely for lawful and educational purposes. You must not use the platform for any illegal or unauthorised activities.
• Login Credentials: Sharing your login credentials (usernames and passwords) with any other person is strictly prohibited. You are responsible for maintaining the confidentiality of your account information.
• Respect for Intellectual Property: You must respect all intellectual property rights associated with the content available on the Kelp. LMS and must not copy, reproduce, or distribute any content without the explicit permission of the rights holder.

Certificates and Accreditation

The Kelp. LMS offers accredited certificates in partnership with recognised bodies, including IAMI GUEST, The Crew Academy, and other academies as applicable. Certificates shall be awarded only upon successful completion of the required coursework and assessments. Accreditation standards are set and maintained by the relevant awarding bodies, and Kelp. makes no guarantee that accreditation shall be recognised by third parties outside those awarding bodies. Kelp. shall not be responsible for any changes in accreditation requirements or recognition status beyond our control.

Intellectual Property

• LMS Provider’s IP: All content within the Kelp. LMS, including but not limited to course materials, software, design, and logos, is the intellectual property of Kelp. or its licensors and is protected by copyright and other intellectual property laws.
• Restrictions on Use: You shall not copy, reproduce, modify, distribute, display, perform, or create derivative works from any content within the Kelp. LMS without our prior written authorisation.
• Client Bespoke Content: For any bespoke content created by us specifically on behalf of a client as part of a separate agreement, the Intellectual Property rights in that bespoke content shall remain the property of that client, as agreed in the separate contract.

User-Generated Content

• Ownership: Any content you upload, post, or share within the Kelp. LMS (“User Content”) remains your property.
• Licence to Kelp.: By submitting User Content, you grant Kelp. a worldwide, non-exclusive, royalty-free licence to use, display, reproduce, and distribute that content within the LMS for educational and operational purposes.
• Responsibility: You are solely responsible for your User Content and must ensure it does not infringe the rights of others, contain unlawful material, or breach these Terms.
• Moderation: We reserve the right to remove, disable, or restrict access to any User Content that, in our reasonable opinion, violates these Terms or is otherwise harmful.

Termination and Suspension

• Our Right to Terminate/Suspend: We reserve the right to suspend or terminate your account and access to the Kelp. LMS at any time if you violate these Terms and Conditions.
• Your Right to Cancel: You may cancel your subscription at any time in accordance with our Cancellation Policy. Please note that access shall typically continue until the end of your current billing cycle.

Data Privacy, GDPR and Security

• Privacy Policy: Your personal data shall be collected, used, and processed in accordance with our Privacy Policy, which is available on our website.
• Applicable Laws: We process personal data in line with the UK GDPR, the Data Protection Act 2018, and—where applicable—the EU GDPR.
• Roles: Kelp. acts as Data Controller for account, billing, and support data. Where Kelp. provides services to an organisation (e.g., employer or academy), Kelp. may act as Data Processor under a separate agreement.
• Lawful Bases: Processing may rely on contract (to provide services), legitimate interests, consent (where required), and legal obligations.
• Your Rights: You may have rights of access, rectification, erasure, restriction, portability, objection, and withdrawal of consent. You may lodge complaints with the UK ICO.
• Security Measures: We implement reasonable technical and organisational security measures. However, we shall not be held responsible for unauthorised access caused by your failure to safeguard login credentials.

Service Availability and Support

• Service Availability: Whilst we strive to provide uninterrupted access to the Kelp. LMS, occasional downtime for maintenance, updates, or technical issues may occur. We shall endeavour to provide reasonable notice of any planned downtime.
• Support: Support for the Kelp. LMS is available through our designated support channels. Please refer to our support documentation or contact our support team for troubleshooting assistance and inquiries.

Accessibility and Compliance

We are committed to ensuring that the Kelp. LMS is accessible to all users, including those with disabilities. We strive to follow recognised accessibility standards (such as WCAG 2.1) and continuously improve the platform to meet diverse needs. If you experience any accessibility barriers, please contact support@kelp.yachts so we can provide assistance and consider improvements.

Limitation of Liability

To the maximum extent permitted by law, Kelp. shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of profits, data, use, goodwill, or other intangible losses) arising out of or relating to your use of the Kelp. LMS or these Terms and Conditions. We are not liable for any data loss, interruptions, errors, or inaccuracies within the LMS. You acknowledge your use of the Kelp. LMS and your reliance on its content is at your sole risk.

Third-Party Services and Content

The LMS may link to or integrate with third-party websites, applications, or services (e.g., video conferencing, payment gateways). Kelp. is not responsible for the availability, content, or practices of third parties. Your use of third-party services is at your own risk and may be subject to separate terms.

Indemnity

You agree to indemnify and hold harmless Kelp., its officers, employees, and partners from any claims, damages, or expenses (including reasonable legal fees) arising from your breach of these Terms or misuse of the LMS.

Changes to Terms

We reserve the right to update or modify these Terms and Conditions at any time. We shall notify you of any significant changes by posting the updated terms on the Kelp. LMS platform or by other appropriate means. Your continued use of the Kelp. LMS after such notification constitutes your acceptance of the revised Terms and Conditions.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Severability and Force Majeure

• Severability: If any provision of these Terms is found unenforceable, the remaining provisions shall continue in effect.
• Force Majeure: Kelp. shall not be liable for delays or failures caused by events beyond our reasonable control, including natural disasters, strikes, war, or internet outages.

Contact Us

If you have any questions, concerns, or require further information regarding these Terms and Conditions, please contact us at: support@kelp.yachts