Please ensure you read these terms fully before you sign up. As a quick reference, these sections apply to membership and resource use:
All Members: 06, 08
Premium Members: 07, 10
01. Definitions.
This website is operated by Sand to Salt. Throughout the site and these Terms and Conditions, the terms “we”, “us” and “our” refer to Sand to Salt. Sand to Salt offers this website, including all information, tools and services available from this site to you, the user – referred to as “You” or “User”, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Our downloadable resources are referred to as “Resources”, “Downloads”, “Content”, “Information” and “Products”.
02. General Terms.
By visiting our site and/ or registering a membership account with us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein by appendices. These Terms and Conditions apply to all Users of the site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms of this agreement, then you may not access the website or use any Services.
Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
A breach or violation of any of the Terms will result in further action by Sand to Salt, including, if applicable, termination of your account and if deemed necessary, legal action.
You agree to indemnify, defend and hold Sand to Salt and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Content, our Website, Service and Products. This indemnity includes both any liability to third parties, and other costs and losses incurred by Sand to Salt.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
03. Our Services
Sand to Salt is a Member only website providing digital, virtual products / resources via our website www.sandtosalt.com.
Our Services include Membership subscriptions (both paid and free of charge classes) and via these membership restricted accounts the provision of digital resources available in a variety of formats and containing a range of maritime subjects.
All persons over 18 years of age may apply to create an account with Us, however, we reserve the right to refuse service to anyone for any reason at any time.
We reserve the right, but are not obligated, to limit the Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the services that we offer.
All descriptions of downloads or service pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or subscription at any time. We reserve the right to change the membership access level for any resource at any time without prior warning.
We do not warrant that the quality of any downloads, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service or products will be corrected.
We are not responsible for non-delivery or technical limitations of the end user for any reason in respect of the services and products in this clause.
04. Service Modifications
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Prices for our membership accounts or products are subject to change without notice.
You agree that Sand to Salt will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Regular site maintenance will occur and we do not guarantee that the Website will operate continuously without interruptions or be error free and Sand To Salt therefore accepts no liability for its unavailability.
You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Site, router or any other internet connection device.
05. Accuracy of information
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Content descriptions, pricing, promotions, offers and Site use. We reserve the right to correct any errors and alter Content and Subscriptions without notice.We undertake no obligation to update, amend or clarify information in the Service, including without limitation, pricing information, except as required by law. No specified update applied in the Services, should be taken to indicate that all information in the Service has been modified or updated.
We accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of any Content placed on our Website. It is up to You to be satisfied by any Content that you download and use.
We take no responsibility for the way that the end user uses our resources and will not be liable for any mis-use or misinformation involving our Content.
If you believe there are errors or object to any of the Content in Our Site, please inform us via the contact forms, and we will endeavour to correct where we deem appropriate.
06. Membership Services
Our Membership service has two classes. Our non-paid membership class is called “Free Membership”, a “Free Account” and members in this class are “Free Members”. Our paid membership class is called “Premium Membership” or “Premium Account” and members are referred to as “Premium Members”. Free Members have access to digital products in the “Free” page and Premium Members have access to both the Free page and the “Premium Section”.
In addition to Our Terms of Service, these additional Terms apply to all Members:
You agree that You will not share Your account username and password with anyone.
You understand and agree that We will monitor Your usage of the Service to allow us to determine whether a violation has, or is, occurring.
You agree to notify Us immediately if You suspect your account log in details have been compromised.
Your permission to use Our Services is personal to You and non-transferrable.
You agree to explicitly read and abide by our Privacy Policy in Appendix A.
You agree to explicitly read and agree to abide by the Sand to Salt Copyright Terms in Appendix B.
You agree to explicitly read and accept our Refund Policy in Appendix C.
You understand and agree to the Membership Service Acceptable Use Policy, as detailed in TOS Section 09.
You will be responsible for Your account management on the My Account page of the Site. Upgrades and cancellations are Your responsibility to manage and We will not accept responsibility for change made. Cancellations can be executed by You at any time and take immediate effect.
You agree that a breach of any of the general Terms and Conditions will lead to Your access to the Membership Service being immediately suspended. It is at Our absolute discretion as to whether Your account will be reinstated.
You acknowledge that all content remains the property of Sand To Salt at all times. You also understand that having a Free Membership constitutes a licence for the use of Sand To Salt material for the duration of the subscription only.
In accordance with our Copyright Terms, You agree not to redistribute any resources downloaded through the Membership Service and You understand that any resources You download from the Website whether through the Membership Service or otherwise are for Your personal use only. You agree that any resources downloaded may not be shared or otherwise hosted on any networked system. Resources are for the single and sole use of the person downloading them and any replication or sharing of resources (without written permission of the CEO) will result in Sand To Salt taking action to protect its rights.
You must be over 18 to take out a subscription to the Membership Service or register as a free user of the website. An individual under 18 may use the website if they have the consent of their parent or guardian. By allowing an individual under 18 to use the website in any way, You agree to provide us on request with the required consent in a format to be determined by Us at our absolute discretion.
07. Premium Membership Service
You acknowledge that all content remains the property of Sand To Salt at all times. You also understand that having a Free Membership constitutes a licence for the use of Sand To Salt material for the duration of the subscription only.
A subscription to the Premium Membership Service can only be purchased directly from Us by paying a yearly subscription fee in advance.
Due to Our Premium Subscription Service allowing access to digital downloads immediately, we do not issue refunds on Premium Membership Accounts. The Free Membership option is a sample version of the Premium Membership and gives an accurate demonstration of the contents of the Premium Membership. See our dedicated Refund Policy in Appendix C for more information.
You will be charged the rate stated at the time of purchase, every year until You or We cancel it.
We may change the price for Premium Subscriptions and we will communicate this change to you via email on or before the increase comes into effect.
Cancellations can be executed by You, the User in Your My Account page and take immediate effect. Access to all Premium Member resources will cease with immediate effect.
For your safety, credit/debit card details are not stored nor shared with third parties. Payment transactions are processed via PayPal, Stripe or other secure third party payment providers and You are encouraged to read the terms and conditions for any financial transactions with either of these companies.
Premium Members must always provide Us with a working, valid email address as all correspondence will be communicated via Our mailing list management service, including (but not limited to) price changes, security issues, account changes, TOS changes. It is the User’s responsibility to ensure that our communications are (a) read entirely and (b) allowed to be delivered to the User’s inbox. We will not be responsible for any complaint or adverse occurrence resulting from points stated in this clause.
Premium Members have exclusive access to our Premium contact form, which has priority.
08. Free Membership Service
You acknowledge that all content remains the property of Sand To Salt at all times.
You also understand that having a Free Membership constitutes a licence for the use of Sand To Salt material for the duration of the subscription only.
A subscription to the Free Membership service allows access to resources in the ‘Free’ page only.
Free accounts are only valid if the User also agrees to be added to Our mailing list. Un-subscription from our mailing list will result in the Free Membership Account access being revoked.
Cancellations can be executed by You, the User in Your My Account page and take immediate effect. Access to all Premium Member resources will cease with immediate effect.
Free Members and non-members can contact us using the Site contact form.
You acknowledge that We reserve the right to de-activate accounts that are inactive for an extended period of time.
09. Membership Service Acceptable Use Policy
The Membership Service is designed to allow individual users to download additional teaching resources for their own needs. Member accounts are personal accounts and therefore cannot be shared. Subscriptions are subject to an acceptable use policy, and user accounts are monitored. No user would reasonably need to download more than 75 resources per calendar month and accounts exceeding this download level are subject to review.
As such, any violation of the terms is taken seriously and the user’s account may be suspended immediately to allow for further investigation. If we remain unsatisfied that your account is being used solely for your own needs we may suspend your membership indefinitely.
10. Accuracy of Account Information and Billing Information.
We reserve the right to refuse any subscription. We may, in our sole discretion, limit or cancel downloads or subscriptions. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail address provided at the time the order was made. We reserve the right to limit or prohibit subscriptions that, in our sole judgment, appear to be placed by dealers, resellers, distributors or copyright offenders.When registering or subscribing to our Services you must provide accurate, complete, and current registration information and you agree to provide Us with any updates to that information promptly after such changes occur. You must not enter into any of our email lists an email address that is not your own. Valid email addresses and agreement to join our mailing list is a condition of our membership accounts as this will be the only form of communication of important and sometimes legally required notices, from Us. We shall not be liable for any loss suffered by Your non-compliance with this provision.
Your privacy is important to us and we have further provision to keep your data secure. You can find additional information in our Privacy Policy in Appendix A.
The registration processes will involve You providing a password and We shall provide You with a personal account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account and are solely responsible for ensuring You log out after each session. You agree to immediately notify Sand To Salt of any unauthorised use of Your password or account and any other security breach. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this obligation.
11. Resource Content Use and License.
All downloads, content, information and other materials presented on the Website are subject to copyright trade mark right and/or other intellectual property right owned by or licensed to Sand To Salt. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this Website or any resources therein without Our written consent. You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
You acknowledge that all content remains the property of Sand To Salt at all times. You also understand that having a Free Membership constitutes a licence for the use of Sand To Salt material for the duration of the subscription only.
You also understand that commencing any Membership with Sand To Salt constitutes a licence for the use of Sand To Salt material for the duration of the subscription only. The license is non-transferable. The License remains the property of Sand To Salt.
You acknowledge that all materials You download remain the property of Sand To Salt in perpetuity. Sand To Salt strictly forbids the use of any scripted or otherwise automated method of content or website access.
You agree to be bound by all copyright Terms in this document and in our Copyright Terms in Appendix B.
12. Content Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send resource ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
If you breach these Terms and Conditions, you should be aware that a party aggrieved by the uploading of any content which is, inter alia, defamatory or in breach of copyright, may take action and that this could result in registration data and other data concerning your identity being disclosed and your having to pay compensation to the person or company aggrieved.
With respect to all Content you submit in our Resource Request section on the Website, you grant Sand to Salt a royalty-free, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
13. Intellectual property
The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Sand To Salt.
Sand to Salt logos and branding belong to Sand To Salt.
Any resource or content downloaded from this Website is subject to Copyright Terms (Appendix B).
Licenses for use of content belong to Sand To Salt.
14. Disclaimer of Warranties, Limitation of liabilities.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Sand to Salt, our CEO, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
15. Indemnification
You agree to indemnify, defend and hold harmless Sand to Salt and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
16. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
17. Privacy
You acknowledge and agree to be bound by the terms of our Privacy Policy in Appendix A.
18. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
19. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales and You hereby consent to this jurisdiction.
The Website is designed to be compliant with the applicable laws and regulations of England and Wales. Due to the global nature of the Internet, users from all over the world will have access to the Website, however if you are resident in a country outside of the United Kingdom you use the Website at your own risk.
20. Force Majeure Events
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.