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Terms and Conditions

Terms and Conditions

By using the website www.yachtholiday.ro, the User accepts the service offer available on www.yachtholiday.ro as well as the Terms and Conditions of the service, together with the Personal Data Protection Policy and the Cookie Usage Policy.

I.

AGREEMENT PARTIES

The PROVIDER, hereinafter generically referred to as “yachtholiday,” represented by one of the partner or collaborating companies listed below:

EMBARK ENGINEERING S.R.L., headquartered in Bucharest, Intrarea Lt. Av. Gheorghe Caranda, No. 6, Ground Floor, Block B3, Staircase B, Apt. 19, Romania, Postal Code 061522, registered with the Trade Register under No. J40/20895/22.12.2017, Tax ID 38632896, account No. RO08 INGB 0000 9999 0741 8745 opened at ING BANK – Supachetala Bucharest, represented by Radu Gabriel DUMITRU as Administrator, acting as the PROVIDER,

and

The BENEFICIARY, the natural or legal person purchasing online the holiday package made available by the PROVIDER,

hereinafter collectively referred to as the “Parties” and individually as a “Party,”

considering that:

  • The PROVIDER makes available to the BENEFICIARY the holiday package;

  • The BENEFICIARY wishes to purchase the package,

have agreed to conclude this agreement under the following terms and conditions:

II.

OBJECT OF THE AGREEMENT

The object of the agreement is the online sale by the PROVIDER of the packages presented on the online platform “www.yachtholiday.ro” to the BENEFICIARY.

In the case of purchasing products and/or services online through the PROVIDER’s online store, the order (“Order”) placed electronically by the Beneficiary on any website belonging to the PROVIDER constitutes the Contract.

III.

DURATION OF THE AGREEMENT

This agreement enters into force from the moment the BENEFICIARY purchases the package(s) made available by the PROVIDER and terminates on the date previously communicated to the BENEFICIARY on the website www.yachtholiday.ro or its subpages.

IV. AGREEMENT PRICE AND PAYMENT METHODS

The prices of the packages will be those communicated on the individual sales pages for each package.
Payment can be made online by card, bank transfer, or payment order, and must be paid in full at the time the order is placed.
In the case of installment payments, the package price will be communicated on the individual sales pages for each package.
At the time of placing the order, a proforma invoice with a payment term of 5 days will be issued and sent to the buyer via email.
The tax invoice will be issued on the date the amount is debited from the PROVIDER’s account (according to the account statement) or after confirmation of payment in the BENEFICIARY’s account (according to the account statement).
All amounts paid in advance for packages scheduled to take place at a later date are non-refundable.

V.

RIGHTS AND OBLIGATIONS OF THE PARTIES

  1. The PROVIDER undertakes:

1.1. To make available to the BENEFICIARY the package in the form of a webinar + concrete tasks + missions, as presented on the individual course sales pages.

The BENEFICIARY will not be required to install any additional software.

If the BENEFICIARY is unable to attend LIVE at the time previously agreed upon by the BENEFICIARY, the PROVIDER undertakes to make the packages available to the BENEFICIARY in the form of recordings.

1.2. To provide the BENEFICIARY with access to the Package platform. Under each video, the PROVIDER, its employees, or its intermediaries will provide the BENEFICIARY with a series of tasks that the BENEFICIARY will be required to complete. In some cases, unilaterally determined by the PROVIDER, the BENEFICIARY will also find various additional materials to assist them at every stage.

1.3. To provide the PACKAGE to the BENEFICIARY through the “learning through play” method.

1.4. To provide the BENEFICIARY with access to a Support Community, in the form of a private package group.

1.5. To deliver the requested services under the best possible conditions and within the deadlines communicated in advance to the BENEFICIARY and unilaterally set by the PROVIDER.

1.6. To verify the BENEFICIARY’s attendance at the online sales training program.

1.7. To provide access to the online sales package even after its completion.

  1. The BENEFICIARY undertakes to:

    2.1. Pay the agreed price for the contracted services within the deadlines set out in this agreement. If the Beneficiary does not honor the payment deadlines communicated by the PROVIDER, the latter is released from the obligation to provide online training services or deliver the ordered products.

    2.2. Attend all online sales training sessions.

    2.3. Commit to using their full professional competence and experience in the field.

    2.4. Commit to allowing the PROVIDER access to their financial results obtained as a result of the package, regardless of the medium.

    2.5. Fully, completely, and timely comply with all tasks given by the PROVIDER, its employees, or its agents throughout the entire duration of the package.

2.6. Strictly comply with the communication rules on the support group established by the PROVIDER and refrain from using inappropriate or offensive language in this group towards the PROVIDER or any other participant in the package.

2.7. Not make available to any third party, regardless of method or medium, whether free of charge or for a fee, the package provided by the PROVIDER. The BENEFICIARY has the exclusive right to use the package for the online sale of their own business/hobby.

2.8. Give consent for the PROVIDER to use their name and image, as well as any other data, information, value, or statistic that contains references to the BENEFICIARY, their activity, or results obtained from the package, for promotion and advertising in relation to public communications and marketing campaigns that promote participation in the package in any form (including website, social media, TV, etc.), without the PROVIDER being liable for any costs towards the BENEFICIARY.

2.9. Expressly agrees to be filmed and photographed during the packages that are the subject of this contract, or after the completion of the package but in close connection with it, as well as to the use of the images in video materials that will be produced by the PROVIDER.

2.10. Expressly agrees that the aforementioned video materials, image rights, and any video materials produced by the PROVIDER in connection with the package that is the subject of this contract are assigned to the PROVIDER on an exclusive basis, for all territories worldwide, the PROVIDER having, without limitation, the exclusive right to: use, display, exhibit, commercialize, publish, reproduce in full or in part, promote and distribute the materials in any format (including, without limitation, television, video, audio, internet, mobile and electronic communication devices and systems) and in any manner deemed appropriate by the PROVIDER.

2.11. Expressly agrees to be contacted with information about promotional packages and ancillary products through online communications. However, the BENEFICIARY will have the option to subscribe or unsubscribe from such communications. Furthermore, in any online communication from us or from our trusted partners, the BENEFICIARY will have the opportunity to indicate that they no longer wish to receive our direct marketing materials.

VI. LIABILITY

Each party is responsible for the exact, complete, and timely fulfillment of all obligations undertaken under this agreement.

Acceptance of the Website Terms and Conditions is confirmed by checking the corresponding checkbox on the site and/or by submitting the Order and/or by making an online payment. By accessing the site, creating an Account, and using the site, you expressly and unequivocally accept the Website Terms and Conditions in their latest version communicated on the site.

Following the creation of the Account, the use of the content constitutes acceptance of any changes made to the Website Terms and Conditions and/or updated versions of the Website Terms and Conditions. You are responsible for checking the final version of the Terms and Conditions each time you use the site.

  1. The Parties mutually agree that if the BENEFICIARY provides the package to a third party without the EXPRESS consent of the PROVIDER (Art. V.2.7 of this agreement), the BENEFICIARY shall be liable to pay the PROVIDER the amount of EUR 5,000 per breached obligation as damages.

    VII. CONFIDENTIALITY CLAUSE

    The BENEFICIARY undertakes to maintain confidentiality towards third parties, not to disclose in any form or by any means, not to use in any way, whether directly or indirectly, for personal benefit or for the benefit of another, any materials, documents, data, or information resulting from/in connection with the clauses of this contract or any other confidential aspects belonging to the PROVIDER, of which the BENEFICIARY became aware in any way during the term of the contract.

    The confidentiality obligation, as set forth above, shall remain binding upon the BENEFICIARY for 10 (ten) years from the date of termination of this contract.

    For the purposes of this clause, confidential information shall mean any information belonging to the PROVIDER or to third parties with whom the PROVIDER has business relationships, or regarding their activity, which is transmitted by the PROVIDER in the execution of the Contract, as well as any relevant circumstance related to the Beneficiary (including but not limited to those provided under letters a) – c) below), regardless of whether such information was transmitted by the PROVIDER or third parties, received by the PROVIDER in written, oral, or any other form, and which refers to, including but not limited to:

  1. a) The business, marketing, and financial plans of the PROVIDER, as well as those of its clients and/or third parties with whom it has business relations or comes into contact by the nature of its activities;
    b) The organizational, informational, and management system of the PROVIDER;
    c) Information regarding the names of the PROVIDER’s clients and suppliers, as well as any other information relating to technical, financial, or commercial data, regardless of whether the documents in question contain the words “confidential” or “exclusive property.”

    The BENEFICIARY declares and understands that they shall use the confidential information received in the course of performing this Contract solely in the interest of and for the purpose of fulfilling their contractual obligations and undertakes not to disclose it to third parties, regardless of the reason or the form in which it might be transmitted.

    In the event it is proven that they have breached the confidentiality obligation, they shall owe the Provider penalties equal to the damage caused.

    Any statements or interviews, as well as the disclosure of any information to the media regarding the package, may only be made by the BENEFICIARY with the prior consent of the PROVIDER.

    All rights arising from intellectual property rights over the program, the package models, as well as any material used by the trainers included in the training program during the training process, are the exclusive property of the PROVIDER and are protected by intellectual property legislation.

VIII. NON-COMPETE CLAUSE

The BENEFICIARY guarantees and undertakes that they will not, directly or indirectly, engage in competition with the PROVIDER’s activity, nor will they, directly or indirectly, themselves, through employees or intermediaries, whether free of charge or for consideration, offer other packages that are identical or similar in scope to those provided by the PROVIDER.

In the event this obligation is breached, the BENEFICIARY shall be liable to pay damages to the PROVIDER in an amount of at least 30,000 EUR. If the damage caused exceeds this amount, the PROVIDER shall be entitled to full compensation for the entire prejudice suffered.

IX. TERMINATION

This Agreement shall terminate in the following cases:

1.1. Upon expiration of its term;

1.2. By written mutual agreement of both Parties;

1.3. By termination of the contract.

The Parties shall have the right to consider the contract as rightfully terminated, without the need for legal proceedings and without any other prior formalities, in the event that the defaulting Party breaches any of the obligations in this Agreement deemed essential by the Parties and fails to remedy the situation within a maximum of 3 days from receiving notification to this effect from the other Party (the notification may also stipulate a shorter term depending on the circumstances).

In case of failure to pay the contracted services on time, the PROVIDER is released from the obligation to deliver online training services or the ordered products.

X. RETURN/CANCELLATION POLICY

  1. Under EU legislation, when purchasing a product or service online, you have the right to cancel the order within 14 days, regardless of the reason and without justification.

In the event of the Beneficiary’s withdrawal from the program, no amount of the paid price shall be refunded.

The Parties expressly understand and declare that, in the event the BENEFICIARY does not attend all sessions or fails to complete fully, accurately, and on time all tasks and assignments provided by the PROVIDER, the BENEFICIARY shall not benefit from the “PACKAGE SUCCESS GUARANTEE” or “ZERO RISK GUARANTEE,” if such guarantees are in place.

XI. FORCE MAJEURE

Neither Party shall be held liable for failure to perform on time and/or for improper performance – in whole or in part – of any obligation arising from this contract, if such failure or improper performance was caused by force majeure, as defined by law.

The Party invoking force majeure must notify the other Party within 5 (five) days of the occurrence of the event and must take all possible measures to limit its consequences.

If the event does not cease within 10 (ten) days from its occurrence, the Parties have the right to notify the termination of this contract by operation of law, without either Party being entitled to claim damages.

XII. OTHER CLAUSES

The BENEFICIARY shall not be entitled to assign and/or transfer the rights and/or obligations arising from or deriving from the package to any third party without the prior written consent of the PROVIDER.

The Parties understand and accept that all amounts received from partnerships, promotions, and/or advertising related to the package subject to these Terms and Conditions shall belong exclusively to the PROVIDER.

In the event of failure to pay in full, accurately, and on time for the contracted services, in accordance with Art. IV, the PROVIDER shall be released from the obligation to provide online training services.

The Parties expressly understand and declare that, in the event that the BENEFICIARY does not attend all classes or fails to complete accurately, fully, and on time all tasks and missions assigned by the PROVIDER, the BENEFICIARY shall not benefit from the “PACKAGE SUCCESS GUARANTEE” or “100% GUARANTEE,” if such exists.

The Parties understand that in the event of the BENEFICIARY’s withdrawal from the program, no amounts paid will be refunded.

A delay in payment of more than 3 days entitles the PROVIDER to suspend access to the services provided until full payment of the outstanding amounts, in accordance with Art. IV.

XIII. AGREEMENT DOCUMENTS

XIV. DISPUTES

All disputes and disagreements related to this contract shall be resolved amicably.
In the event that the parties fail to reach an amicable settlement, any dispute arising from or in connection with this contract, including those regarding its conclusion, nullity, interpretation, execution, or termination, shall be finally settled by the competent courts at the Beneficiary’s place of business/residence.

XV. FINAL CLAUSES

The Parties declare that they fully understand the effects of the clauses in these Terms and Conditions and that these clauses reflect their mutual and unrestricted will.
Any communication between the Parties regarding these Terms and Conditions may be sent via e-mail or letter, in accordance with the legal provisions in force.
Amendments to these Terms and Conditions may be made by the Beneficiary without the written consent of the contracting Parties.
The clauses of these Terms and Conditions shall be supplemented with the legal provisions in force.
These Terms and Conditions are subject to the provisions of Romanian law.
These Terms and Conditions do not affect any other contract concluded between the Parties.

EMBARK ENGINEERING S.R.L., headquartered in Bucharest, Intrarea Lt. Av. Gheorghe Caranda, Nr. 6, Parter, Bloc B3, Scara B, Ap. 19, Romania, Postal Code 061522, registered with the Trade Register under no. J40/20895/22.12.2017, Tax Identification Number (CUI) 38632896, having account no. RO 08 INGB 0000 9999 0741 8745 opened at ING BANK – Supachetala Bucharest, represented by Radu Gabriel DUMITRU as Administrator, in the capacity of PROVIDER.