Crewlocate : Terms and Policy
1.1 Welcome to the Crew Locate Application (“The App”). These terms and conditions ("Terms") will apply to each user who wishes to use the App and/or use and access the services on the App (collectively, the "Services").
1.2 In order to access and use the Services, you must accept these Terms by clicking the "I accept" button when you register. By using or accessing the App and the Services provided through or accessed on the App, you are agreeing to be bound by these Terms, and in return, Crew Locate (Pty) Ltd grants you a personal, non-transferable and non-exclusive limited license to access and use the App.
1.3 Crew Locate (Pty) Ltd is a company registered in South Africa (Company No. 2015/163732/07) which registered address is 11 Gibraltar Road, Hout Bay, Cape Town, 7806.
2-Description of service
2.1. Crew Locate (Pty) Ltd currently provides a paying service to its registered Employers (Free for Crew). Simply put Crew Locate (Pty) Ltd stores and presents data to its registered members. This data can either be the required details entered by a member a “Crew Profile” and associated documents, or Job offers enter by members.
2.2. You must understand and agree that the Service may include advertisements and that these advertisements are necessary for Crew Locate (Pty) Ltd to provide the Service. You also understand and agree that the service may include certain communications from Crew Locate (Pty) Ltd, such as service announcements and administrative, and that these communications are considered part of the Crew Locate membership and you will not be able to opt out of receiving them.
2.3. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the Terms Of Service. 2.4. You understand and agree that the Service is provided "AS-IS" and that Crew Locate (Pty) Ltd assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization details.
2.5. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
If you choose to sign up to crew locate(Pty)Ltd monthly subscription plan you will be subject to monthly payments in accordance with the fee schedule . You will be required to submit payment monthly in advance to use the services. If you choose to sign up to crew locate(Pty)Ltd annual subscription plan you will be subject to annual payments in accordance with the fee schedule . You will be required to submit payment annually in advance.
3.1 You must comply with these Terms in order to access and use the App and Services.
3.2 You must be 18 years or older to use the Services.
3.3 Should you create a login and apply for an account (a “Crew Locate Account”), you must provide accurate and complete registration information, and you are responsible for any activity that occurs under your username and for keeping your password secure.
3.4 You must not use the Services to abuse, harass, threaten, impersonate, intimidate or otherwise violate the legal rights (including rights of privacy and publicity) of others.
3.5 You must not use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
3.6 You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, or links ("Content") that you submit, post, display and/or distribute on or through the Services. As such you must not:
- 3.6.1 modify, adapt, create derivative work of, reverse engineer, or hack the Site or the Services (including any of its subpages or software provided on or through the Site) or modify another website so as to falsely imply that it is associated with Crew Locate (Pty) Ltd;
- 3.6.2 create or submit unwanted email communications to any other user ("Spam");
- 3.6.3 transmit any worms, viruses or any code of a destructive nature; or
- 3.6.4 violate any laws in your jurisdiction (including, but not limited to, proprietary rights, intellectual property rights, data protection legislation and distance selling).
- 3.6.5 provide false or fraudulent personal information;
3.7 While Crew Locate (Pty) Ltd prohibits such conduct and Content on its Site and is not responsible for any conduct or Content on its Site by members and you may be exposed to such materials. You should use caution while browsing the Internet using links initiated on the Site. Crew Locate (Pty) Ltd is not responsible for the Content on any such links. Such links may unintentionally lead to other sites containing information that you may find inappropriate or offensive; or is inaccurate, false or misleading or advertising; or violates copyright, libel or defamation laws. You use the Services at your own risk. Please report any such Content or conduct to Crew Locate (Pty) Ltd.
3.9. The Employers must pay a monthly fee for the use of these Services.
4.1. Crew Locate (Pty) Ltd makes every effort to comply with applicable regulations, in particular the provisions of the South African Maritime Safety Authority Act 1998 , as well as associated regulations.
4.2. Crew Locate (Pty) Ltd never charges directly or indirectly the candidate for any placement onboard a boat/yacht.
4.3. It is hereby recalled that Crew Locate (Pty) Ltd:
- 4.3.1. Does not employ directly or indirectly the candidate/the crew member who will board on boats/yachts. This responsibility remains solely with the Employer.
- 4.3.2. Shall not be liable for any direct and/or indirect, tangible and/or intangible damages, related to the appointment of the candidate / the crew member.
- 4.3.3. Shall not be liable for any misconduct, negligence or poor performance of the Employer.
- 4.3.4. Shall not be liable for any negligence or omission of a third party over which Crew Locate (Pty) Ltd has no power to control or monitor.
- 4.3.5. Shall not be liable for the drafting of the employment contracts/ seafarers employment agreements that are of permanent or fixed terms, as well as on travel or day basis. This duty is the responsibility of the Employer.
- 4.3.6. Does not interfere, directly or indirectly, in the payments of wages and other additional payments. This duty is the responsibility of the Employer.
4.4. The Employer warrants to Crew Locate (Pty) Ltd, the following:
- 4.4.1. Being in possession of all relevant public authorizations so as to perform its professional activities with respect to applicable regulations.
- 4.4.2. Complying with national and international labour regulations and in particular with the South African Maritime Safety Authority Act, 1998.
- 4.4.3. Refraining from transmitting to any third party any information related to the candidate proposed by Crew Locate (Pty) Ltd, unless prior written consent.
4.4.4. The information exchanged between the Employer and Crew Locate (Pty) Ltd are considered as strictly confidential to the extent that they have not been made publicly available by other means.
6-Limitation and Indemnity
6.1 Disclaimer of warranties.
****6.1.1 Crew Locate (Pty) Ltd makes no warranties, express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, in relation to the App or services.
Crew Locate (Pty) Ltd disclaims any and all responsibility:
- (a) or liability for the accuracy, content, completeness, legality, reliability, availability or operability of information or materials displayed on the site;
- (b) for the conduct of any user or visitor of the site;
- (c) for the deletion, failure to store, undelivered, or untimely delivery of any information or material; and
- (d) for any harm resulting from downloading or accessing any information or material on the internet through the site.
- Crew Locate (Pty) Ltd disclaims any and all responsibility:
- 6.1.2 Your use of the services is at your sole risk. The services are provided on an "as is" and "as available" basis. Crew Locate (Pty) Ltd makes no warranty that the services will be uninterrupted, timely, secure, error-free, or will in anyway meet your requirements or expectations.
6.2 Limitation of liability.
6.2.1 under no circumstances will Crew Locate Ltd be liable for any indirect injury, loss, claim damages or any, incidental, consequential, special, exemplary, or punitive damages (including, but not limited to, any loss of profit, whether incurred directly or indirectly, any loss of data, or any other intangible loss) arising out of or in connection with these terms, the site, the services, the use of the site or services, or the internet generally whether such liability is asserted on the basis of tort or otherwise, and whether or not Crew Locate (Pty) Ltd has been advised of the possibility of such damages, including, without limitation,
- (a) your use or inability to use the site and/or services;
- (b) any changes to or inaccessibility or termination of the site and/or services;
- (c) any delay, failure, unauthorized access to or alteration of any transmission or data;
- (d) any material or data sent or received or not sent or received;
- (e) any transaction or agreement entered into through the site and/or services; or
- (f) any data or material from a third person accessed on or through the site and/or services.
- Such limitation of liability shall apply to the fullest extent permitted by law whether the damages arise from use or misuse of and reliance on Crew Locate (Pty) Ltd, the App and/or services.
- 6.2.2 If you are dissatisfied with the App and/or services, you should discontinue your use of the App and/or services.
- 6.2.3 For the Employers who are dissatisfied with any aspect of the service provided, you may terminate your subscription before the annual or monthly renewal date and it will be discontinued, you will not be refunded
- 6.2.4 For any individual that subscribes to Crew Locate you accept and understand that this is a recurring monthly payment (our refund policy is above).
7-Apllicable Law (General)
7.1. All issues that affect the application or the interpretation of these Terms and Conditions are governed by South African Law and are submitted in the jurisdiction of the competent courts, upon request of one of the parties. Any dispute is subject to prior consultation in order to find a mutually acceptable solution. Otherwise, parties may decide to seize the competent court.