Date of Last Revision: [01/03/2019]
These terms and conditions of use ("Terms") govern your use of My Crew Kit's website, products, and services (collectively, the "Services"), so please read them carefully. “You” means you as an individual or business, “My Crew Kit” or “Us” refer to us, My Crew kit LLC.
- Using our services
You may use our 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. In no event is use of the Services permitted by those under the age of 16. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our 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 our Services Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
- The My Crew Kit platform
Business users: Users who have listed a business under the services directory or users who are paying to advertise their services on other areas of the website.
Normal / Crew Users: Users who are using the website in order to find or use the information, services or jobs presented by My Crew Kit, the business who are listed or advertised, or other users who have posted or added content to the website.
Employers: Users who add job posts to the My Crew Kit platform in order to find crew striclty through their OWN application process.
My Crew Kit does not endorse any particular businesses / or services that we list, and is not a guarantee of the quality, or availability of their services offered.
2.1 The My Crew Kit Jobs Platform
My Crew Kit Jobs (https://mycrewkit.com/jobs) consists of user posted jobs as well as aggregated / reposted content, linking to job posts on independent superyacht recruitment platforms.
My Crew Kit DOES NOT guarantee the quality or legitimacy of job posts found on the job board. Employers and Crew Users are solely responsible for the content and information they post, transmit, store, display, make available or transmit to other Users, including text messages, images or videos whether publicly posted or privately transmitted on our chat functions or other web supports functionalities.
In addtition to user generated job posts, My Crew Kit may repost live jobs found on alternative websites and social media platforms. My Crew Kit does not intend to imply that there is an association between the two entities. Reposting of jobs is done as a free gesture in order help job seekers find appropriate jobs from all sources. If a job is resposted against the will of the associated entity, a take down request can be sent to email@example.com.
Normal / crew registered users are able to rate and comment on business listings, based on their service experience with the respective business in order to assist other users in making informed decisions about which services they should be using.
My Crew Kit is also composed of articles and blog posts written by both crew and non-crew members about experiences in and out of the yachting industry. My Crew Kit does not necessarily share the views of the author or endorse the services mentioned in the posts. My Crew Kit has full rights to use the photos and content under the blog section of the site as well as other areas, including social media pages owned by My Crew Kit.
- Information on the services
3.1 Our Services display both My Crew Kit-created content and content that is not created or developed by My Crew Kit. We may review third party-content 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 the law. But we do not routinely screen third-party content that is published via our Services. This includes theInformation that businesses or advertisers post on the My Crew Kit website, and we cannot guarantee the accuracy, adequacy or quality of any suchInformation, or the identity of those posting it.
- Independent relationship
Crew: Persons who are currently working as crew, previously worked as crew, will work as crew or are potentially looking to work as crew.
4.1 The Information found on My Crew Kit is intended for general informational purposes only and should be used as a starting point for finding information services, focused on the needs of crew. The Crew Information is not a substitute for advice, guidance or services that provide professional assistance to crew members and crew should not just rely on such information presented on the My Crew Kit website.
- Information and Services Directory
5.1 My Crew Kit is a platform where businesses serving the needs of super yacht crew can advertise and provide information about their services to crew /normal users who are in search of information and solutions to their needs. You understand that My Crew Kit cannot be held responsible for the quality or accuracy of any information or services provided by businesses that you connect with via My Crew Kit. In order to ensure business information is relevant and up to date users must follow the on-listing link to the dedicated website of the business whose listing or information is being used.
6. Free Listings:
6.1 Some businesses have been listed on the site without consent or control by the business owner. Only publicly available information, contact details and physical addresses have been used as available on search engines or the business website itself. In order to take control and edit the listing, you(the business owner or representative of the business identified in the listing) are required to "claim" the listing. During this claiming process, a username and email address will be entered by the business representative and the claimant/ business representative is required to enter business information such as names, contact details as well as the physical address of the business. This is done in order for My Crew Kit to verify the business representative as the rightful owner. By claiming the listing, the user will be, by default subscribed to a free subscription.
6.2 Once a listing is claimed, the user has the option to upgrade to paid features, maintain a free membership, or delete their listing and account. If for whatever reason business or individual does not wish to have their services listed on the website and do not wish to follow the claim process, they can email a request to firstname.lastname@example.org and a member of My Crew Kit will remove the business listing from the website.
7. Featured (paid listings) services for Businesses.
Featured Listings: A paid listing which gives business users the ability to use additional featured that enhance the frequency and quality of exposure. (Paid listings include both standard and premium packages).
7.1 My Crew Kit offers a featured listing service which can be used once the user has paid for a featured subscription. By signing up to a featured subscription, 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 your Featured Service goes into effect and will cover the use of that service for the period indicated. Featured Services are effective at the expiry of initial 14 day period. Thereafter, you agree that payments will continue to be charged to your credit card on a recurring basis until you request for the service to be canceled, either by deleting your account or by canceling the subscription by selecting the cancel button, on the "My subscription" found on the https:///mycrewkit.com/my-account menu. The amount of the monthly recurring charge will be the then-current subscription fee applicable to the featured subscription you selected.
7.2 If your payment method fails or your account is past due, My Crew Kit reserves the right to either suspend or terminate your Featured Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Featured Services. 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, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
7.3 Featured Services may include the publication of advertising or website content you provide to us (the “Featured Services Content”). You retain all rights in, and are solely responsible for, the Featured Services Content posted on My Crew Kit or websites supported by My Crew Kit. My Crew kit has the right to deny a featured subscription application or prevent a featured listing if deemed inappropriate or irrelevant to the personal needs of super yacht crew.
You give My Crew Kit, our 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 distribute the Featured Services Content (in whole or in part) in providing the Services.
8. Advertising and communications
8.1 It is solely the responsibility of business that advertises its services on My CrewKit, to ensure that any information or advertisement posted or placed on the My Crew Kit website (including without limitation anyinformation or the availability of the services offered by the business), and any communications they may have with prospective clients through the Services, fully complies with all applicable laws and rules of professional conduct, including those concerning and regulating the form, manner or content of communications with clients, advertising, or other matters.
9.1 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.
9.2 If you believe that any material on the Site 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
- Disclaimers and acknowledgements regarding use of Information found on directory listings.
10.1 While My Crew Kit strives to provide and to allow businesses, individuals and crew to provide—useful information regarding the super yachting industry and the services relevant to the crew, there are some things that we cannot guarantee. You acknowledge that such information consists of third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that and other information may be incomplete, may contain inaccuracies, 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 SERVICES OR SOFTWARE. THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." MY CREW KIT ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- Limitation of liability
11.1 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; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SOFTWARE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SOFTWARE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF CREW INFORMATION.
11.2 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.
- User posted content & other interactive services or areas
12.1 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, photos, and other materials (the "User Content"). You retain all rights in, and are solely responsible for, the User Content you post to My Crew Kit. You are also solely responsible for your use of such interactive features, and use them at your own risk. By using any interactive feature, you agree to comply with the My Crew Kit Community Guidelines. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
All reviews & comments have to be approved by My Crew Kit before they are visible to the public. If a business receives a review or rating with which they are dissatisfied or if the validity of the review, they are permitted to email email@example.com in order to request the rating or comment to be removed. The same applies if the validity of the user who submitted the rating or comment is in question.
12.2 When you post User Content to My Crew Kit, you give My Crew Kit and its affiliates a nonexclusive, 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 foregoing 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 our Services, we may use your feedback or suggestions without obligation to you.
13.1 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 User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
14.1 My Crew Kit may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.
- Mandatory Arbitration and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
15.1 We hope we never have a dispute, but if we do, it is agreed that you and My Crew Kit will try for 60 days to resolve said dispute informally. You may send us the details of your concern to [firstname.lastname@example.org]. However, if My Crew Kit is 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:
15.2 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 may be sent via email or U.S. mail to: [email@example.com] or My Crew Kit LLC, 1031 Ives Dairy Road Suite 228 - 1009, Miami, FL 33179.
15.3 Any arbitration must be commenced by filing a demand for arbitration with JAMS within ONE (1) YEAR from when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
15.4 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.
15.5 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.
15.6 Notwithstanding our agreement to arbitrate disputes as provided above, the following EXCEPTIONS will apply to the resolution of disputes between us:
15.6.1 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. Otherwise, the claim is permanently barred.
15.6.2 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 and Conditions.
15.6.3 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 claim at issue will be brought under judicial proceedings in federal or state courts in Florida, and you and My Crew Kit consent to personal jurisdiction and exclusive venue in such courts.
15.6.4 Option to Opt Out of Arbitration. You may opt out of this agreement to arbitrate. If you do so, neither you nor My Crew Kit can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to the arbitration provision in these Terms and Conditions. To opt out you must send us a clear statement that you want to opt out of arbitration, along with your name, residence or business address, and the email address associated with your account to: firstname.lastname@example.org.
15.6.5 NO CLASS ACTIONS: 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.
- Applicable law
16.1 The laws of the State of Florida, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms and Conditions or the Services.
17.1 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. My Crew Kit reserves the right to refuse service 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.
- Entire agreement
18.1 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.
- Waiver, severability, and assignment
19.1 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 or Terms 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.