Date of Last Revision: [09/11/2020]
These terms and conditions of use ("Terms") govern your use of the My Crew Kit website, with address www.mycrewkit.com (“Website”), products, and services (collectively referred to as the "Services"), so please read them carefully. “You” and “Your” means you as an individual or business and “My Crew Kit”, “We”, “Our” or “Us” refers to My Crew Kit LLC, a company registered in Delaware, USA.
- Using Our Services
- You may use the Services only if You can form a binding contract with My Crew Kit. No use of the Services is permitted by those under the age of majority in their place of residence and in no event is the use of the Services permitted by those under the age of 16. If You are using the Services on behalf of any entity, You are agreeing to the Terms on behalf of that entity and You shall be deemed to have warranted that You have the requisite authority to bind the entity to the Terms.
- Using the Services does not give You ownership of any intellectual property rights in the Services or the content You access. Except in the context of browsing or accessing the Services in accordance with these Terms, You may not use content from the Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant You the right to use any branding or logos used in the Services and You are not entitled to remove, obscure or alter any legal notices displayed in or along with the Services.
- My Crew Kit retains the right to use any photographs and/or content, which You may post under the blog section of the Website or any other area on the Website, including, without limitation, any social media pages owned by My Crew Kit and by using the Website You hereby provide Your consent to such use.
- My Crew Kit does not endorse any particular businesses and/or service listed on the Website and does not guarantee the content, quality or availability of the services offered.
- The information on the Website is (a) intended for general informational purposes only and should be used as a starting point to finding information and services relating to yachting and (b) is not a substitute for advice and guidance provided by industry professionals. You are required to undertake your own in-depth research and assessment prior to relying on the information.
- Information Relating to the Services
- The Services consist of My Crew Kit created content and content that is not created or developed by My Crew Kit. We may review third party-content (including, without limitation, information posted by businesses or advertisers on the Website) to determine whether it is illegal or violates Our policies and We may remove or refuse to display content that We reasonably believe violates Our policies or any applicable law, however we do not routinely screen third-party content that is published via our Services. Accordingly, We cannot guarantee the accuracy, adequacy or quality of any such information or the identity of those posting it.
- Registered users are able to rate and comment on business listings on the Website, based on their service experience with the respective businesses. Reviews and comments will be reviewed by My Crew Kit prior to being displayed on the Website and We will use all reasonable endeavours to determine the validity of the review, prior to the posting thereof, however We cannot be held liable for the accuracy, content and/or views, which are expressed in such reviews and/or comments.
- We will notify the owner of the business listing, should a review, rating or comment be published on the Website and such business listing may send a request to remove the review, rating or comment to [email protected] If You are a paid business users You are able to disable the reviews and/or ratings functionality on Your listing, by making contact with Us on the email address provided.
- The content and/or views expressed in any articles and/or blogs written by third parties and posted on the Website are not the views of My Crew Kit and My Crew Kit does not endorse the content, views and/or any services mentioned in the posts.
- The Services Directory
- The services directory on the Website provides a platform where businesses can advertise their services.
- My Crew Kit will not be held responsible for the quality and/or accuracy of any information and/or services provided by businesses that You connect with via the Website and accordingly, cannot guarantee the quality of the Services to be provided. In order to ensure that business and service information is relevant and up to date at the time of accessing it, You must follow the on-listing link to the dedicated website of the business that is represented on the listing. If any information or contact details appear to be incorrect, You must notify My Crew Kit by emailing [email protected] or leave a comment on the listings comment section.
- You are solely responsible for assessing and ensuring that the Services, which You may choose to use, are relevant, suitable and meet Your requirements.
- User Posted Content and Other Interactive Services or Areas
- My Crew Kit includes interactive areas in which users may post content and information, including jobs, business endorsements and user reviews, questions and answers, comments, photographs, and other materials ("User Content"). You retain all rights in, and are solely responsible for the User Content You post on the Website. You are also solely responsible for Your use of such interactive features and User Content and use them at Your own risk. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms, Our policies and any applicable laws.
- When you post public User Content on the Website, You give My Crew Kit and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the My Crew Kit platform, the aforegoing license includes a right to reproduce Your profile and any name, likeness or photograph contained in such profile. If You submit feedback or suggestions about the Services, We may use Your feedback or suggestions without obligation to You.
- Business Listing Packages
- The benefits, features and limitations of business listings are dependent on the associated package the listing business owner has signed up to with My Crew Kit. Information and pricing of the different package types can be found on the https://mycrewkit.com/add-listing/ permalink / page and under the "Add Listing" section of the Website’s main menu.
- A user acting as a representative of a business can control a business listing on the Website by (a) adding a listing and submitting the information on the https://mycrewkit.com/add-listing page or (b) claiming a listing by clicking on the "Claim It Now" link found on the listing the relevant user would like to claim.
- In both of the aforesaid instances, My Crew Kit will have to approve the submission or any changes to an existing “claimed” listing, before the addition or change of a listing becomes live on the Website.
- By adding or claiming a business listing, You hereby give My Crew Kit, its affiliates, providers of third-party services, and subcontractors a non-exclusive, fully-paid, perpetual, royalty-free, transferable, revocable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and/or distribute the content and information associated with the business listing (in whole or in part).
- If Your business has been listed on the Website without Your consent You (as the business owner or authorised representative) can edit the listing by "claiming" the listing using the “Claim it Now” link found on the Website. During this claiming process, You will be required to provide a username, email address, and certain business information in order to allow My Crew Kit to verify the business representative as the rightful business owner.
- If You do not want to have Your services listed on the Website, You can send an email [email protected] and My Crew Kit will remove Your business listing from the Website.
- Free Listing Packages
- Free listing packages expire once the listing has received 12 conversions, within a one year period from the date when the package is first listed. If this occurs You will be provided with the option to (a) Opt-Out (no paid obligations) or (b) continue using My Crew Kit's services on a monthly paid package basis.
- If You do not receive 12 or more conversions within the one year period contemplated above, You will be offered an additional 12 free conversions for the following 12 month period.
- For the purposes of clauses 5.2.1 and 5.2.2, My Crew Kit conversion is defined as (a) message submitted through the listing contact form or (b) a website link click redirecting the user from the business listing to an appropriate website link or (c) a phone number click.
- If You sign up for a paid package, You have the ability to opt-out at any stage.
*Crew Houses and ENG1 Doctor Listings have unlimited conversions on the free package*
- Paid Listing Packages (Premium and Standard) for Businesses
- By signing up to a standard or paid subscription on the Website, You agree to pay My Crew Kit the subscription or usage fees indicated for that Service. Payments for subscription services will be charged on the day the Services become effective after the expiry of the free trial period (where applicable) and will continue for the period applicable to Your chosen package. Upon expiry of the agreed package period, You will continue to be charged the subscription fee until You request that the Service is cancelled, either by (a) deleting your account or (b) cancelling the subscription by selecting the cancel button under the "My Subscription" tab found on the https:///mycrewkit.com/account menu or "My Account Dashboard" in the main menu for signed-in users.
- My Crew Kit reserves the right to change the prices applicable to the different paid subscription packages, from time to time, provided that the price of existing subscriptions will not change unless You have been notified prior to the change taking place.
- If You fail to make payment of any amount due to My Crew Kit in terms of these Terms, My Crew Kit reserves the right to either suspend or terminate the paid listing services associated with Your account. Any such suspension or termination will result in the cancellation of any promotional programmes applicable to the associated package.
- Notwithstanding any provision to the contrary contained in these Terms, You agree to submit any disputes regarding any charge to your account in writing to My Crew Kit within sixty 60 days of such charge being allocated, failing which such dispute will be waived and the charge will be final and binding and not subject to challenge.
- Paid packages may include the publication of advertising or website content You provide to Us (“Paid Package Content”). You retain all rights in and are solely responsible for, the Paid Package Content posted on the Website or websites supported by My Crew Kit. My Crew kit has the right, in its sole discretion, to deny a standard or premium package application or withhold approval of a listing if deemed inappropriate or irrelevant to the type of service My Crew Kit is trying to provide.
- The My Crew Kit Job Platform
- My Crew Kit Jobs (https://mycrewkit.com/superyacht-jobs) consists of user-posted jobs as well as aggregated and/or reposted job content, which links to job posts on independent superyacht recruitment and/or social media platforms.
- My Crew Kit does not guarantee or warrant the quality and/or legitimacy of job posts found on the job board, nor is it operating as a crew agent. Employers and crew users are solely responsible for the content and information which they post, transmit, store, display, make available and/or transmit to other users, using the Website. It is Your responsibility to assess the legitimacy of the jobs on the Website as well as their source. In order for a job post to be approved and displayed on the Website, the post must contain an external web address or "mailto:" link.
- Consent for jobs to be reposted on the My Crew Kit platform, constitutes consent to run daily scrapes on the Website from which jobs are being reposted, thereby allowing My Crew Kit to recognise any discrepancies between what is live on the Website and what is live on the associated job board.
- All job repost links are tagged with a "no follow" HTML instruction to preserve the site health of My Crew Kit as well as the job site it is linking towards. By agreeing to have jobs reposted on the My Crew Kit job board, You hereby permit and agree to the posting, re-posting and advertising, which may lead to other services listed on the Website.
- The reposting of jobs is undertaken in order to assist job seekers in finding appropriate jobs from all sources. If a job is reposted without the required consent , a takedown request can be sent to [email protected]
- Website Advertising and Communications
- It is solely the responsibility of a business that advertises its services on the Website to ensure that any and all information or advertisements posted or placed on the Website (including, without limitation, any information on the availability of the services offered by the business) and any communication they may have with prospective clients through the use of the Services, is accurate, true, correct and fully complies with all applicable laws and rules of professional conduct, including those concerning and regulating the form, manner and/or content of communications with clients, advertising or other matters.
- The contents of any advertisement posted on the Website are not endorsed or approved by My Crew Kit.
- We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
- If You believe that any material on the Website infringes upon any copyright which You own or control, You may file a DMCA Notice of Alleged Infringement with My Crew Kit's Designated Copyright Agent:
My Crew Kit Copyright Agent
My Crew Kit LLC
1031 Ives Dairy Road
Suite 228 - 1009, Miami, FL 33179
Telephone: +1 754 465 8711
Email: he[email protected]
- You are required to send the notice via email and not solely by physical mail.
- Information Disclaimers and Acknowledgements
While My Crew Kit strives to provide relevant and accurate information and services to its users, on its behalf and the businesses which are listed, there are some things that it cannot guarantee. You acknowledge that certain information on the Website consists of third party data and contributions and that there may be certain inherent limitations to the accuracy and/or currency of such information and that such information may be incomplete, may contain inaccuracies and/or may be based on opinion. MY CREW KIT DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, MY CREW KIT AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND/OR SERVICES AND THE INFORMATION AND SERVICES ARE PROVIDED "AS IS." MY CREW KIT DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- Limitation of liability
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MY CREW KIT OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL,OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER OR (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SOFTWARE OR (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICESOR SOFTWARE;OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF CREW INFORMATION.
- TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MY CREW KIT AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES OR SOFTWARE, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.
You agree to defend, indemnify and hold harmless My Crew Kit, its corporate affiliates, independent contractors, service providers and consultants and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any content You post, store or otherwise transmit on or through the Website and/or the Services or your use of or inability to use the Website and/or Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the content, Your conduct, Your violation of these Terms or Your violation of the rights of any third party.
My Crew Kit may revise these Terms from time to time, on a prospective basis and will always post the most up-to-date version of the Terms on the Website. If We determine, in our sole discretion, that a modification to these Terms materially affects our rights, we will notify You accordingly. By using or continuing to use or access the Website and/or Services after any revisions have come into effect, You will be deemed to have agreed to be bound by the revised Terms.
- Mandatory Arbitration and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
- We hope we never have a dispute, but if we do and subject to the provisions of clauses 5.3.4 and 13.4, You may send us the details of your concern to [email protected] and it is agreed that You and My Crew Kit will try for 60 days to resolve the dispute informally.
- If we are not able to informally resolve your complaint, You and My Crew Kit agree to individual binding arbitration under JAMS Alternative Dispute resolution (“JAMS”) and the Federal Arbitration Act (“FAA”) and not to sue in court in front of a judge or jury. The arbitration will be conducted under the JAMS Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes and the arbitrator’s decision will be final except for a limited right of review under the FAA.
- The following applies to any arbitration proceedings between You and My Crew Kit:
- Before moving an unresolved informal dispute into arbitration, You must first send Us a Notice of Dispute describing the nature and basis of the claim or dispute and the specific relief sought. This notice must be sent via email [email protected]
- Any arbitration must be commenced by filing a demand for arbitration with JAMS within (1 year from when it first could be filed, failing which it is permanently barred. If any applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by any applicable law.
- Whenever feasible, the arbitration will be held telephonically unless the arbitrator finds good cause to hold an in-person hearing instead. You may choose the location of any in-person hearing from either Your country of residence or, if you are a business, the county of Your principal place of business or My Crew Kit’s principal place of business in Florida.
- The enforcement of the arbitrator’s award will be controlled by and conducted in conformity with the FAA. Judgment upon any award may be entered in any court holding jurisdiction.
- Notwithstanding our agreement to arbitrate disputes as provided for above, the following exceptions will apply to the resolution of disputes between us:
- Small Claims Court. If the claim qualifies, either You or My Crew Kit may bring an action in small claims court in Florida. Any small claims court action must be filed within one year from when it first could be filed, failing which it will be permanently barred.
- Injunctive relief. My Crew Kit may bring a lawsuit against You in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services or any intellectual property infringement. In these instances, My Crew Kit may seek injunctive relief without first engaging in the informal dispute resolution or arbitration process, as described above in these Terms.
- Disputes not Covered by Arbitration. In the event that arbitration is found to be inapplicable or unenforceable for any reason, or if You exercise the option to opt-out of arbitration, as provided below, the dispute will be brought under judicial proceedings in federal or state courts in Florida, and You and My Crew Kit consent to personal jurisdiction and the exclusive venue in such courts.
- Option to Opt Out of Arbitration. You may opt out of the agreement to arbitrate. If You do so, neither You nor My Crew Kit are able to require the other to participate in an arbitration proceeding. To opt out, You must notify My Crew Kit in writing within 30 days of the date that You first became subject to the arbitration provision in these Terms, by sending My Crew Kit a clear statement that You want to opt out of arbitration and include Your name, residence or business address and the email address associated with your account to [email protected].
- No Class Action You may only bring individual claims. Under no circumstances are You allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.
Notwithstanding any of these Terms, My Crew Kit reserves the right, without notice and in its sole discretion, to terminate Your license to use the Services and to block or prevent Your access to and use of the Services and to refuse the Services to anyone for any reason at any time. In the event of termination of access to the Services for any reason, You have no right to obtain a copy of any data or communications You stored or effected via the Services or any other data.
- Waiver, Severability and Assignment
My Crew Kit's failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term will be substituted reflecting Our intent as closely as possible. You may not assign any of your rights under these Terms and any attempt to do so will be void. My Crew Kit may assign its rights to any of its affiliates or subsidiaries or to any successor in interest of any business associated with the Services.
- Entire Agreement
- These Terms constitute the entire agreement between You and My Crew Kit with respect to the subject matter of these Terms and supersede and replace any prior version of the Terms.
- These Terms create no third party beneficiary rights.
- Applicable Law
The laws of the State of Delaware, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms, the Website and/or the Services.