Terms of Use

 

Terms of Use

The website www.yachtcru.com and personnel-data.com or any mobile application which facilitates access to the website (together “the website”) is owned and operated by JF Recruiting, a company organized and existing under the laws of England having an office and place of business at 1 Colleton Crescent, Exeter, Devon, EX2 4DG, UK.

Yachtcru is a crew management package service aiming at a consolidated managing/ tracking compliance for crew details along with necessary documentation.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE YACHTCRU WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE ADVISED NOT TO CONTINUE USING THIS WEBSITE ANY LONGER. YACHTCRU MAY MODIFY THESE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE SAME ON THE WEBSITE. YOU AGREE TO REVIEW THIS DOCUMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE WEBSITE SHALL BE DEEMED AS A CONCLUSIVE ACCEPTANCE OF SUCH MODIFIED TERMS AND CONDITIONS.

1. Use of Services

1.1. During the Term, Yachtcru grants you a limited, non-transferable, non-sublicensable, non-exclusive right to access and use the hosted software products and related documentation included in the Service and all modifications and/or enhancements to any of the foregoing (“Software”) via a web browser or other device owned or controlled by you for your internal business use. Nothing in this Agreement obligates Yachtcru to deliver or make available any copies of computer programs or code from the Software to you, whether in object code or source code form. You agree to use the Service only in compliance with all applicable local, state, national, and international laws, rules and regulations (“Applicable Law”). You shall not, and shall not agree to, and shall not authorize, encourage or permit any third party to:

  • use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, threatening, abusive, hateful, contains viruses, or is otherwise objectionable as reasonably determined by Yachtcru;
  • use the Service for any fraudulent or inappropriate purpose;
  • attempt to decipher, decompile, delete, alter or reverse engineer any of the Software;
  • duplicate, make derivative works of, reproduce or exploit any part of the Service without the express written permission of Yachtcru;
  • use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service other than copying or exporting of the Data as contemplated in the documentation;
  • use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan Horse, worm, keystroke logger, Rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  • rent, lease, distribute, or resell the Software, or use the Software for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Software or displayed in connection with the Service; or
  • use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

1.2. Yachtcru shall: (i) provide you with basic support in connection with your use of the Service at no additional charge, and with upgraded support if purchased separately, (ii) use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for: (a) planned downtime (which Yachtcru shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Friday to 3:00 a.m. Monday Pacific Time), or (b) any unavailability caused by circumstances beyond Yachtcru’s reasonable control, including acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), Internet service provider failures or delays, or denial of service attacks, and (iii) provide the Service only in accordance with Applicable Law.

1.3. Yachtcru shall maintain commercially reasonable administrative, physical, and technical safeguards for protection of the Service, and the security of your Data. Yachtcru shall not (a) disclose your Data except as compelled by Applicable Law or as you expressly authorize in writing, or (b) access your Data except to provide the Service and prevent or address service or technical problems, or at your express request in connection with customer support matters. In the event we are compelled by Applicable Law to disclose your Data, we will provide you with notice thereof, (in advance, if possible) if permitted by Applicable Law.

1.4. You are solely responsible for your Data, and all uses of your Data that occur through your account.

2. Payment Terms

2.1. Yachtcru offers subscription packages per module on a, per/month basis and for assistance with data upload per/hour.

Crew Module £25/mo

Familiarization Module £25/mo

Hours of Rest Module £35/mo

Leave Module £65/mo

Reports Module £10/mo

Support General Technical Free

Support Data Upload £60/ph

2.2. Your subscription to the Service renews automatically for the same term selected upon initial payment. You may change your subscription term at any time by contacting Yachtcru using one of the methods set forth in the Contact Information section below. Yachtcru will email you a receipt when your card has been charged. If your card cannot be charged, Yachtcru will notify and you will need to update your payment information. In the event you do not update your payment information within 30 days of Yachtcru’s notice, your access to the Service may be suspended and you will need to update your card information in order to resume use of the Service.

2.3. All fees are exclusive of all taxes or duties imposed by governing authorities. Other than VAT which Yachtcru may be required to collect from you and remit to appropriate taxing authorities, you alone are responsible for payment of all such taxes or duties.

2.4. Yachtcru may at any time (with a 30 day notice), change the price of your subscription or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your next  subscription period. If you do not agree to any such price changes, then you must cancel your subscription and stop using the Service prior to the commencement of the renewal subscription period for which the price change applies.

2.5. By choosing a subscription plan you expressly acknowledge and agree that (a) Yachtcru is authorized to charge your credit card or other payment instrument in accordance with the terms of your subscription plan for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or Yachtcru suspends or otherwise stops providing access to the site and/or Services in accordance with these terms.

2.6. Yachtcru accepts online payment in a secure environment by via credit card, Paypal or bank transfer. It is your responsibility to ensure that a valid card number and billing address is provided for us to process your payment. All successful transactions shall be followed up by an online receipt via email to the email address provided by you during registration. In case you have any question about the pricing or method of payment, feel free to reach out to our customer support before you make the payment. We accept no liability for any error in any third party payment gateway. In case there is any revision of our fees and service charges, you shall be notified in due time. Please take care to ensure the information submitted by you at the time of placing the order is correct as no correction/amendment will be possible after the order has been placed and your payment method authorised.

3. Term and Termination

3.1. This Agreement will remain in effect until all subscriptions granted in accordance with this Agreement have expired or this Agreement is terminated by you or Yachrcru (the “Term”). If you elect to use the Service for a free trial period, and do not purchase a subscription before the end of such period, this Agreement will expire at the end of the free trial period.

3.2. Subscriptions purchased by you commence on the start date specified upon payment and continue for the subscription term selected at the time of payment. Subscriptions automatically renew, as described in Section 3.2.

3.3. You are solely responsible for the proper cancellation of your subscription. You may cancel your subscription at any time by emailing billing@Yachrcru.com or calling 0044 1392 956 967

3.4. Yachrcru may terminate this Agreement at any time in the event you materially breach this Agreement and do not cure such breach within 30 days of Yachrcru providing you with email notification. However, in the case of your non-payment (including in the event when your credit card cannot be charged), Yachrcru may suspend your access to the Service upon any such nonpayment and may terminate this Agreement, if such breach is not remedied within 30 days of notice by Yachrcru to you. Notwithstanding the foregoing, Yachrcru may immediately suspend or terminate your access to the Service without liability if it has a good faith belief that you are in violation of any provision of this Agreement. Yachrcru may also downgrade, suspend or terminate your access to the Service without liability, after providing you with 30 days’ advance notice, if (a) you fail to affirmatively agree to material modifications of this Agreement pursuant to Section 1.1. For instances other than nonpayment or violation of Section 3.2, in the event you cancel your subscription or this Agreement is terminated by Yachrcru or you, Yachrcru will refund to you any prepaid fees covering any period of the term remaining after the date of termination for all subscriptions. However, no refund will be granted for the then-current month. Notice via email by Yachrcru to you will be sent to the email address you have provided to us.

4. Warranties and Limitation of Liability

4.1. Yachtcru represents, warrants, and covenants as follows: (a) any professional services performed for you by Yachtcru will be performed in a professional and workmanlike manner, with the degree of skill and care that is required by sound professional procedures and practices.

4.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YACHTCRU HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE, SOFTWARE, DOCUMENTATION, DELIVERABLES AND OTHER MATERIALS AND/OR SERVICES. YACHTCRU DOES NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

4.3. EXCEPT FOR (I) EITHER PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, (II) A PARTY’S VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, (III) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, OR (IV) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (A) IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, AND (B) THE AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER WITH RESPECT TO THIS AGREEMENT IS LIMITED, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TO THE FEES COLLECTED BY Yachtcru FROM YOU PURSUANT TO THIS AGREEMENT IN THE SIX MONTHS PRECEDING THE EVENT FROM WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATIONS APPLY EVEN IF SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

5. Indemnification

5.1. You agree to indemnify, defend and hold harmless Yachtcru, and its officers, directors, employees, agents, licensors, consultants, representatives and agents from and against any losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees)  arising out of or in connection with (a) your use of or inability to use the Website or Services (b) your violation of any terms of these Terms or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. Yachtcru reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will offer complete cooperation with Yachtcru in asserting any available defences.

6. Intellectual Property Rights

6.1. As between the parties, Yachtcru owns and shall retain all right, title and interest in and to (a) the Software and the Service, including all intellectual property rights, and (b) transactional and performance data related to your use of the Service. Yachtcru may collect, use and disclose all such transactional and performance data for its business purposes (including software use optimization and product marketing) provided that such use does not reveal your identity, any of your confidential information or any personally identifiable information that belongs to you or your employees.

6.2. You retain all right, title and ownership interest in and to your Data. Yachtcru has no right, title or interest in any personally identifiable information contained in or related to your Data.

7. Publicity

7.1 During the Term, Yachtcru may disclose your name as a customer of Yachtcru and/or subscriber of the Service, together with any User Content or other comments or reviews of Yachtcru or the Service that you post on or through the Service, if any, and you hereby grant Yachtcru the right to display your name, logo, and comments or reviews, in Yachtcru’s marketing materials and on Yachtcru’s public website, in each case in accordance with any branding guidelines you may provide to Yachtcru.

8. Security Breach

8.1. External Breach: In the event of a security breach by anyone other than your employee, contractor or agent, upon discovery of such breach, Yachtcru will: (a) initiate remedial actions that are in compliance with applicable law and consistent with industry standards; and (b) notify you of the security breach, its nature and scope, the remedial actions Yachtcru will undertake, and the timeline within which Yachtcru expects to remedy the breach.

8.2. Internal Breach: In the event of a security breach by your employee, contractor or agent, you shall have sole responsibility for initiating remedial actions and shall notify Yachtcru immediately of the breach and steps you will take to remedy the breach.

9. Disclaimers

9.1. Yachtcru does not guarantee that you or your business will experience any successful increase in your income or profit by using the Yachtcru services. Yachtcru will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Yachtcru has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) any acts, omissions, statements or other conduct of any user, or other third parties on the service; or (v) any other matter relating to the service. If you are dissatisfied with any portion of the service or with these terms and conditions, your sole and exclusive remedy is to discontinue use of the service.

9.2. Yachtcru does not provide its customers with legal advice regarding compliance, data privacy or other relevant Applicable Law in the jurisdictions in which you use the Service, and any statements made by Yachtcru to you shall not constitute legal advice.

9.3. You acknowledge that Yachtcru exercises no control over your specific human resource practices implemented using the Service or your decisions as to employment, promotion, advancement, termination, notification, or compensation of any employee or authorized user of the Service. You further agree and acknowledge that Yachtcru does not have a direct relationship with your employees and that you are responsible for all contact, questions, Data updates and collection, with your employees. In addition, you are responsible for the privacy (including adopting and posting your own privacy policies governing your treatment of your employees’ Data), collection, use, retention and processing of your employees’ Data, and providing any and all notices and information to your employees regarding the foregoing, in compliance with all applicable laws. Yachtcru hereby disclaims all liability arising from your decisions and from harmful data or code uploaded to the Service by you and/or your employees, contractors or agents.

10. Third Party Content And Third Party Websites

10.1 The website may contain external links and advertisements submitted by or directed towards third party websites. Unless expressly stated otherwise, links to such third party websites do not signify that Yachtcru endorses the website(s) and/or is associated with such sites in any manner. If you decide to access linked third party websites, you hereby agree to do so at your own risk and Yachtcru’s T&C (including Privacy and Cookies Policy) no longer remains applicable.

11. Electronic Communications

11.1.  The communications between you and Yachtcru use electronic means. For contractual purposes, you (a) consent to receive communications from Yachtcru in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Yachtcru provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.

12. Submitted Material

12.1. Any material or information that you post or transmit to this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or stored or used by Yachtcru  or its affiliates for any purpose whatsoever including but not limited to developing and marketing products. Do not post or transmit to or from this Site any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material which could give rise to any civil or criminal liability in the territory to which this Site relates.

13. Governing Law

13.1.  This Agreement shall be governed by and construed in accordance with the laws of England and Wales. All disputes between the parties as to the validity, execution, performance, interpretation or termination of this Agreement will be submitted to the exclusive jurisdiction of the English Courts.

14. Miscellaneous

14.1. Entire Agreement. This Agreement encompasses the entire agreement between you and Yachtcru with respect to the subject matter hereof and supersedes all prior representations, agreements and understandings, written or oral. No purchase order or other form submitted by you will modify, supersede, add to or in any way vary the terms of this Agreement.

14.2. Modification. This Agreement may only be altered, amended or modified by a written or electronic instrument executed by both parties.

14.3. No Waiver. The failure of Yachtcru to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

14.4. Severabiilty. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall be interpreted so as to reasonably effectuate the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.

14.5. Survival. The provisions of this Agreement that should, by their nature survive termination and/or expiration, shall and do survive such termination and/or expiration.

14.6. Assignment. You may not assign or otherwise transfer any of your rights or obligations under this Agreement without Yachtcru’s prior written consent, which consent shall not be unreasonably withheld. This Agreement shall be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns. Any assignment in violation of the foregoing will be null and void.

14.7. No Legal Advice; Reliance. No part of this Agreement is intended or shall be construed as legal advice. Yachtcru shall not be liable for an errors or omissions in the content of this Agreement or for any actions taken in reliance thereon.

15. Contact Information

If you have any questions about the Service or this Agreement, you may call us at +44 1392 956 967, email us at support@Yachtcru.com, or write to us at: