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Terms of Use (Crewing)

Terms of Use (Crewing Online)

[Last updated on 19th April 2021]

Welcome to the www.ecrewingonline.com website and/ or the mobile app

TERMS AND CONDITIONS APPLICABLE TO ALL USERS

By registering onto, browsing, accessing or using the Services of the Platform (define below) you are agreeing to enter into a legally binding contract with Crewing Online and you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Platform or the Services.

1. Acceptance of Terms

1.1 In the usage of the Platform and the Services provided to a User through the Platform, you hereby agree and undertake to:

(a) comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time.

(b) consents, authorizes and permits the Platform its Owner, operator, manager, servants and agents, to collect, use or disclose any personal data collected by the Platform from the User in connection with the purposes set out in the Platform’s Data Protection Policy (as updated from time to time, or as is otherwise required or permitted in accordance with applicable law), and in accordance with the PDPA provided that any collection, use or disclosure of the personal data are for the purposes of the facilities/ Services provided by the Platform;

(c) represents and warrants to the Platform that the User has notified the relevant individual of the purposes set out in the Platform’s Data Protection Policy (as updated from time to time), and has obtained the relevant individual’s consent and in the event if it has not obtained the requisite consent for the collection, it shall, promptly upon providing the relevant personal data to the Platform, procure all necessary notifications will be made to, and all authorizations and consents will be obtained from, the relevant individuals as may be required in accordance with the PDPA for the use and disclosure of his or her personal data by the Platform in connection with the purposes set out in the Platform’s Data Protection Policy, and in accordance with the PDPA; and

(d) notify the Platform promptly upon its becoming aware of the withdrawal by the relevant individual of its consent to the collection, use and/or disclosure by the Platform of any personal data provided by the User to the Platform.

1.2 Restrictive activities: You agree and undertake NOT to:

(a) engage in any activity (including but not limited to the posting of information, images, links or documents) that may directly or indirectly harm, delay, attempt to obtain unauthorized access to or otherwise interfere, disrupt or damage the Platform;

(b) provide any false or fictitious information (whether by the posting of information, images, links or documents);

(c) infringe any law applicable to the Platform or other User;

(d) use or upload, in any way, that may be offensive to public morality, sexual orientation, religious, racial and/or social sensitivity of other Users;

(e) use sexually explicit material;

(f) use the Platform or Services other than in conformance with the acceptable use policies that may directly or indirectly cause harm, damage or injury to the body, property, reputation, business, intellectual property rights, and/or any other legal rights of any third party or person.

1.3 Restrictions: Use of the Platform is limited to Users that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Users who have breached or are in breach of the terms and conditions contained herein and Users who have been permanently or temporarily suspended from access and/ or use of any of the Platform may not access and/ or use the Platform.

2. Availability of the Platform and Services

2.1 The Platform reserves its rights, in its absolute and unfettered discretion, to do any and/or all of the following in relation to the Platform and the usage thereof, with or without prior notice to the User:

(a) To change the rate of fees payable (if any);

(b) To change the scope and nature of the Services provided through the Platform;

(c) To refuse or disallow the registration of any User, including the de-registration of any User;

(d) To remove any information or material provided by any User, which the Platform, in its absolute and unfettered discretion, considers to be undesirable or in breach of any of the prohibitions stated above;

(e) To amend and/or supplement the terms and conditions herein;

(f) Users’ rights to report. Where any inappropriate or illegitimate posts or comments have been reported to the Platform by any User of the Platform, then subject to the terms herein, in particular, Clause 1, the Platform’s moderator shall have the ultimate discretion to investigate and look into such report, and shall have the right to, inter alia, remove such posts to the extent permissible by all applicable laws;

(g) Insofar as clause

2.1(f) is concerned, the Platform is committed to fair comments and allows administrators and moderators to remove offensive, illegitimate or otherwise inappropriate comments. The Platform administrators will also evaluate and ban/block repeat offenders at their discretion.

2.2 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

2.3 Content, Platform and Apps

(a) By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible for others’ (including other Users’) content or information. Crewing Online generally does review content provided by User or others however we cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Users have choices about this feature.

(b) Crewing Online may help connect Employers offering their services (career opportunities, etc) with Seafarers seeking services. Crewing Online does not perform nor employs individuals to perform these services. You acknowledge that Crewing Online does not supervise, direct, control or monitor Seafarers in the performance of these services and agree that

(1) Crewing Online is not responsible for the offering, performance or procurement of these services, and

(2) Crewing Online does not endorse any particular User’s offered services. If you are a User offering services, you represent and warrant that you have all the required licenses and will provide services consistent with this Terms of Use.

2.4 Automated Processing

(a) We use the information and data that you provide and that we have about Users to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.

(b) We shall have the full discretion to decide on whether to accept the posting of working experience review from Employee to the Employer and the Employee shall have full discretion to decide whether to accept the posting of company review from the Employer.

2.5 Privacy Policy: Your use of the Services and/or access to the Platform is also subject to the Privacy Policy as set out at https://info.ecrewingonline.com/docs/terms/policy_crew.

3. Accounts and Security

3.1 Password and Security: As part of the Platform registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Clause or from any unauthorized access to or use of your account.

3.2 If we has reason to believe that there is likely to be a breach of security or misuse of the Platform, we may require you to change your password or we many suspend your account. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password.

4. Proprietary Rights and Intellectual property

4.1 All content included on the Platform, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces and code, software, all rights, title, ownership, interest, any intellectual property held by the Platform, and the selection and arrangement of any of these, are the exclusive property of the Platform, its affiliates, its licensors and/or its content providers and is protected by copyright, registered and unregistered trademark, and other applicable laws. Material published by the Platform on this website may contain other proprietary notices or describe products, Services, processes or technologies owned by the Platform or third parties. Nothing in these Terms or in the Platform shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of the Platform or any third party, except as expressly set forth herein.

5. Use of Services

5.1 The following terms and conditions governing your use of the Services.

(a) individuals seeking employment, and career and career-related information such as news and industry knowledge;}

(b) Seafarers to post profiles and resumes and search for and evaluate job opportunities;

(c) Employers or their agents seeking Seafarers for employment purposes;

(d) Employers or their agents to post job opportunities and search for and evaluate job Seafarers;

(e) advertisers to post their advertisements.

5.2 Your use of the Platform Services is also subject to any other contracts you may have with the Platform. In the case of any conflict between these Terms and any contract you have with the Platform, the provision which is more favourable to Crewing Online shall prevail.

6. Terms applicable to Employers

6.1 The Platform hereby grants you a limited, terminable, non-exclusive right to access and use this Platform only for your business use seeking Seafarers for employment. This authorizes you to view and download content or materials on this Platform solely for your use directly related to searching for and recruiting Seafarers. The job posting on the Marine Online Platform will be shown in the Platform.

6.2 You are responsible for maintaining the confidentiality of your Employer account, Company Profiles and passwords, as applicable. You agree to immediately notify the Platform of any unauthorized use of your Employer account, Company Profiles or passwords.

6.3 Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Platform Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trade mark, obscenity, rights or publicity or privacy, and defamation laws.

6.4 Employers acknowledge and agree that it shall disregard any personal data received from the Seafarer which are irrelevant to obtaining and assessing the suitability of Seafarers.

6.5 Employers are solely responsible for the Employer Materials on the Platform. The Platform is not to be considered to be an Employer with respect to your use of any of this Platform and the Platform shall not be responsible for any employment decisions, for whatever reasons, made by any entity posting jobs on any of this Platform.

6.6 You are not allowed to use your Employer Materials to post jobs in a manner that does not comply with applicable local, national laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property; sell, promote or advertise products or Services; post any franchise, pyramid scheme, distributorship, or multi-level marketing opportunity; promote any opportunity that does not represent bona fide employment; and advertise sexual services or seek employees for jobs of a sexual nature.

7. Terms applicable to Seafarers

7.1 The Platform hereby grants you a limited, terminable, non-exclusive right to access and use this Platform only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download content or material on the Platform solely for your personal, non-commercial use.

7.2 When you register with the Platform, you will be asked to create an account and provide us with certain information including a valid email address.

7.3 Any profile you submit must be accurate, complete, up to date and not misleading. The Platform requires standard fields to be completed by you. You may not impersonate another person, living or dead.

7.4 You acknowledge and agree that you are solely responsible for the form, content and accuracy of the profile and resume or material contained therein placed by you on the Platform.

7.5 You acknowledge and agree that you are solely responsible for any consequences arising from such posting.

7.6 The Platform reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter or you have agreed to receive, such offers may be made by the Platform or by third parties.

7.7 You understand and acknowledge that all information provided by you, your profile, resume, and/or account information shall be disclosed to prospective Employers.

7.8 You understand and acknowledge that you have no ownership rights in your account and that if you cancel your account or your account is terminated, all your account information from the Platform, including profile, resumes, cover letters, saved jobs, will be marked as deleted in and may be deleted from the Platform databases and will be removed from any public area of the Platform. Information may continue to be available for some period of time because of delays in propagating such deletion through the Platform’s web servers. In addition, third parties may retain saved copies of your information.

7.9 The Platform reserves the right to delete your account and all of your information after a significant duration of inactivity.

8. Our limitation of responsibility and liability

8.1 No representations or warranties: The Services, the Platform and the materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the materials. Without prejudice to the generality of the foregoing, we do not warrant: (a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the materials; (b) that the Platform, the Services or that any of the materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected; (c) that the Platform, the Services or the materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and (d) the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

8.2 At your own risk: Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefore.

9. Term and Termination

9.1 These Terms will remain in full force and effect while you are a user of the Platform. The Platform reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User content from the Platform and immediate termination of your registration with or ability to access the Platform and/or any other Services provided to you by the Platform, upon any breach by you of these Terms or if we are unable to verify or authenticate any information you submit to a registration.

10. Hyperlinks, alerts and advertising

10.1 For your convenience, we may include hyperlinks to other websites or material which are beyond its control. We are not responsible for content on any Platform that are owned or operated by third parties. Any hyperlinks to any other websites or content are not an endorsement or verification of such linked websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

10.2 Part of the Platform may contain advertising and advertisers shall responsible for ensuring that material submitted for inclusion on the Platform complies with relevant laws and regulations. The Platform reserves the right to refuse to run any advertisements that, in our sole discretion, are not suitable for publication on any of the Platform. The Platform will not be responsible to you for any error or inaccuracy in advertising and material.

11. Sharing

11.1 Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles, job postings, and messages. Information and content that you share or post may be seen by other User (including off of the Services). Where we have made settings available, such as restricting your profile visibility from search engines. For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster.

11.2 We are not obligated to publish any information or content on our Service and can remove it with or without notice.

12. Indemnity

12.1 You agree to indemnify, defend and hold harmless the Platform, and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any User content or other material you provide to the Platform; your use of the Platform content; or your breach of these Terms. The Platform shall provide notice to you promptly of any such claim, suit or proceeding.

13. Notices

13.1 Notices from us: All notices or other communications given to you if: (a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or (b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.

13.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

13.3 Other modes: Notwithstanding Clauses 13.1 and 13.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

14. General

14.1 Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.

14.2 Amendment: We reserve the right to vary the terms and conditions of these Terms of Use including guidelines, notices, operating rules, policies and instructions at any time without the consent of any person or entity. You are deemed to be aware of and accepted such variation and bound by any changes to the foregoing upon their publication on the Platform.

14.3 No waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

14.4 Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

14.5 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

14.6 Rights of third parties: A person who is not a party to this Terms of Use has no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of this Terms of Use.

14.7 Entire agreement: These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

14.8 Governing law: Use of the Platform and these Terms of Use shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.

15. Definitions and Interpretation

15.1 “User”, means an authorised user of the Platform and/or the Services.

15.2 “Crewing Online”, “we”, “our”, and “us”, refer to Marine Online (Singapore) Pte. Ltd., a company incorporated pursuant to the laws of Singapore under registration number 202029433C and having its registered address at 164 Kallang Way, Level 8 Solaris @ Kallang 164, Singapore 349248.

15.3 “Marine Online Platform” means (a) both the web and mobile versions of the website operated and/or owned by Marine Online which is presently located at the following URL: www.marineonline.com; and (b) the mobile applications made available from time to time by Marine Online, including the iOS and Android versions.

15.4 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by Crewing Online which is presently located at the following URL: www.ecrewingonline.com; and (b) the mobile applications made available from time to time by Crewing Online, including the iOS and Android versions.

15.5 “Advertiser” means a person or entity that is contracting to post advertisements on any of the Platform.

15.6 “Employer” or “Employers” means a person or entity that is accessing the Platform to post a job or utilizing the Platform Services for any reason related to the purpose of seeking seafarers for employment.

15.7 “Employer Materials” includes any brochures, emails, job postings, website content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Platform Services.

15.8 “Seafarer” or “Seafarers” means a User who is accessing the Platform to search for a job or in any other capacity except as an Employer.

15.9 “Company Profiles” means profile created by Employers.

15.10 “PDPA” means the Personal Data Protection Act 2012 (Act 26 of 2012) of Singapore or equivalent legislation under any applicable law.

15.11 “personal data” has the meaning given to such term in the PDPA.

15.12 “Terms of Use” means the recitals, Clauses 1 to 14 and any Schedules to these terms and conditions.

15.13 “you” and “your” refer to the individuals over the age of or otherwise under the supervision of a parent or legal guardian; and/or the individuals over the age of 18 acting with the prior consent/authorization from and acting for and on behalf of an employer or principal.