Date of Last Revision: [18/06/2020]
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.
My Crew Kit does not endorse any particular businesses / or services listed and does not guarantee the quality, or availability of their services offered.
- The My Crew Kit platform
Business users: Users who have added or claimed a business listing under the services directory or users who are paying to advertise their services on other areas of the website. Business users also include businesses who have had listings created on their behalf.
*For purposes associated with these terms, any doctor or professional service provider with services listed on the website, is represented by the "business user" term.
Crew / Normal Users: Users looking to find and use information, services and jobs presented on the My Crew Kit website, posted by My Crew Kit, businesses as well as other users that engage on the website.
*A crew / normal user is a user who is using the website for purposes other than to promote his or her business services in accordance with proper use, covered in these terms.
Employers: Users who are looking to boost the exposure of their job offers. Employers handle the job application process independently.
- 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 the Information that businesses or advertisers post on the My Crew Kit website, and 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, 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. Reviews and comments will have to be approved before becoming publicly displayed on the website. We will do our best to determine the validity of the review. We will notify the owner of the listing, should a review or comment be published on their listing. In the result of a user expressing discontent with a rating or review left on a listing owned by them, they may send a request to [email protected] Paid business users are able to disable reviews / ratings functionality on their listing, by making contact with us on the email address provided.
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.
- Independent relationship
The Information for crew / normal users found on My Crew Kit is intended for general informational purposes only and should be used as a starting point to find information and services. The information provided is not a substitute for advice & guidance provided by industry professionals. Users should not rely on such information presented on the My Crew Kit website.
- The Services Directory
5.1 The services directory section of My Crew Kit can be found under the "Services" tab of the main menu. It can also be found on the "https://mycrewkit.com/listings" permalink. The services directory provides a platform where businesses can advertise their services to users who are in search of solutions to their needs.
My Crew Kit will not 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. If any information or contact details appear to be incorrect, users must please notify My Crew Kit by emailing us on [email protected]
5.2 The services directory for business users:
Package: The free or paid product, usually in the form of a subscription, allowing a business user the ability to add, manage or claim a directory listing.
The benefits, features and limitations of business listings are dependent on the associated "package" the listing owner has signed up to. Information and pricing in regards to the different package types can be found on the https://mycrewkit.com/add-listing/ permalink / page, also found under the "Add Listing" section of the main menu.
6. Listing Packages:
6.1 A user acting as a representative of a business can take control of a business listing in one of two ways:
1: By adding a listing and submitting the information on the https://mycrewkit.com/add-listing page.
2: By claiming a listing via the steps found by clicking on the "Claim it now" found on the listing the user would like to claim.
In both instances, an admin user of My Crew Kit, will have to approve the submission before the addition of a listing / changes to an existing "claimed" listing become live.
6.2. 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.
6.2 If for whatever reason a business or individual does not wish to have their services listed on the website and does not wish to follow the claim process, they can email a request to [email protected] and a member of My Crew Kit will remove the business listing from the website.
6.3 Free Listing Packages:
Free listing packages expire once the listing owner has received 5 contact requests via My Crew Kit (with the exception of Accommodation and ENG1 doctors).
A contact request may be defined as any one of the following:
- A message submitted through the listing contact form.
- A website click redirecting the user from the business listing to the business website.
- A phone number click
Once the Free Listing Package has expired due to request quota being met, the user has the option to either continue using the services on a standard or premium subscription package OR to opt out which will result in the listing being removed from the website.
Users who continue on a Paid Package have the ability to opt out at any stage with no contract length binding the user unless clearly stated on a custom package designed at the users request.
7. Paid Listing Packages (Premium & Standard) for Businesses.
Paid Listings: A listing associated with a paid package allowing business users to use additional features with the intention of enhancing the frequency and quality of exposure on My Crew Kit. (Paid listings include both standard and premium packages).
7.1 By signing up to a standard or paid 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 the service goes into effect and will cover the use of that service for the period indicated on the package. Paid Services go into effect at the expiry of the free trial period indicated. Thereafter, you agree that payments (of the amount agreed upon during the sign up process) will continue to be charged to your credit card on a recurring monthly 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, under the "My subscription" tab found on the https:///mycrewkit.com/account menu (also found under "My Account Dashboard" within the main menu for signed in users".
My Crew Kit will email subscribers a payment processing when the subscription renews, as well as an "order completed" email, once the payment has been processed.
7.2 If your payment method fails or your account is past due, 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 programs applicable to the associated package.
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 Paid Packages may include the publication of advertising or website content you provide to us (the “Paid Package Content”). You retain all rights in, and are solely responsible for, the Content posted on My Crew Kit or websites supported by My Crew Kit. My Crew kit has the right to deny a standard or premium package application or prevent a listing from being approved if deemed inappropriate or irrelevant to the service type of service My Crew Kit is trying to provide.
By adding or claiming a business listing, 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 content and information associated with the business listing (in whole or in part).
8. The My Crew Kit Jobs Platform
My Crew Kit Jobs (https://mycrewkit.com/superyacht-jobs) consists of user posted jobs as well as aggregated / reposted job content that links to job posts on independent superyacht recruitment or social media platforms.
My Crew Kit does not intend to imply that there is an association between the two entities. My Crew Kit does not guarantee the quality 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 they post, transmit, store, display, make available or transmit to other users. It is the users responsibility to assess the legitimacy of the job as well as its source. In order for a job post to be approved and displayed on My Crew Kit, the post must contain an external web address or "mailto:" link.
Consent for Jobs to be reposted on the My Crew Kit platform, gives consent to run daily scrapes on the website from which jobs are being reposted. This allows My Crew Kit to recognise any discrepancies between what is live on the My Crew Kit 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 our job board, you permit the posting posting and advertising which may lead to other services, listed on My Crew Kit.
Reposting of jobs is done as a free gesture in order help job seekers find appropriate jobs from all sources. If a job is reposted against the will of the associated entity, a take down request can be sent to [email protected]
9. Advertising and communications
9.1 It is solely the responsibility of a 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 any information 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.
10.1 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.
10.2 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
Email: [email protected]
*It is essential that the notice is sent via email and not solely by physical mail.
11. Disclaimers and acknowledgements regarding use of Information found on directory listings.
11.1 While My Crew Kit strives to provide relevant and accurate information and services to our users, on behalf of ourselves and the businesses we list, 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.
12. Limitation of liability
12.1 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.
12.2 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.
13. User posted content & other interactive services or areas
13.1 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 protected] 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.
13.2 When you post public 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.
14.1 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.
15.1 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.
16. Mandatory Arbitration and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
16.1 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 [[email protected]]. 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:
16.2 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 to: [email protected]
16.3 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.
16.4 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.
16.5 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.
16.6 Notwithstanding our agreement to arbitrate disputes as provided above, the following EXCEPTIONS will apply to the resolution of disputes between us:
16.6.1 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.
16.6.2 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.
16.6.3 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.
16.6.4 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: [email protected].
16.6.5 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.
17. Applicable law
17.1 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.
18.1 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.
19. Entire agreement
19.1 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.
20. Waiver, severability, and assignment
20.1 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.