CrewPass Terms & Conditions for Crew Users

Before you complete your registration

We ask you to carefully read these Terms & Conditions before completing your registration and enrolment and using CrewPass. These Terms & Conditions govern your use of CrewPass. You must be 18 years or older to use CrewPass. 

BY COMPLETING THE CREWPASS REGISTRATION AND ENROLMENT FORM AND CHECKING THE “I AGREE TO THE TERMS AND CONDITIONS” BOX, YOU REPRESENT THAT YOU ARE 18 YEARS OR OLDER AND YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS & CONDITIONS, INCLUDING THE CREWPASS ACCEPTABLE USE POLICY AND PRIVACY POLICY.

The Android application requires a phone with the operating system Android 6.0 (API level 23) or above. The iOS application requires a phone with the operating system iOS 13 or above (iPhone 7 and above). We will notify you if these requirements change.

Once you have completed your registration and enrolment and submitted all the necessary data and information to us, our acceptance of your registration will take place when we notify you by email that your registration is successful, at which point a contract will come into existence between you and us.

By completing your registration with CrewPass you understand and agree that you will be entering into a subscription contract with CrewPass Ltd for a 2-year period, during which time you will be liable for paying the subscription fee for so long as the contract has not been ended as permitted under these Terms and Conditions.

Who we are and how to contact us

CrewPass Limited is a limited liability company incorporated in England & Wales with registered number 10842250 and with registered address at F1 Adanac North, Adanac Drive, Southampton, Hampshire, England SO16 0BT, United Kingdom (“we”, “us”, “our”). 

To contact us, please email customerservice@crewpass.co.uk. For purposes of providing any notices permitted hereunder or for any inquiries, please contact us at: customerservice@crewpass.co.uk. 

IMPORTANT NOTICE: CrewPass Ltd has designed the proprietary CrewPass solution (CrewPass) and CrewPass mobile application (the App). CrewPass is intended to (i) allow us to facilitate global background checks and ID verification to enhance your chances of employment on a maritime vessel; (ii) to allow you to upload certain discretionary data and personal information, including medical information to CrewPass; (iii) act as a contactless monitoring and tracking of your movements onboard, including the embarkation on and disembarkation off the vessel employing you;  (iv) provide you with specific vessel information such as crew watch rotas and access to in and out boards; and (v) to keep you in contact with other crew members, including through private and group chat facilities.

1. CrewPass Terms and Conditions

The following terms and conditions of use (Terms & Conditions) are entered into between CrewPass Ltd (us, we, our) and you (and your representatives and successors) as the user of CrewPass (you, your, User).

By using CrewPass, you confirm that you accept these Terms & Conditions and that you agree to comply with them. If you do not agree to these Terms & Conditions, you must not register and enrol to use CrewPass and you must not use CrewPass. You may only use CrewPass in compliance with these Terms & Conditions and for the intended purpose for which CrewPass is made available to you and for no other purpose whatsoever. 

By completing the registration and enrolment process with CrewPass, you agree to the following additional terms and conditions (updated from time to time) that will apply to you and govern your use of CrewPass and which will form an integral part of these Terms & Conditions:

No employment agency or vessel owner or manager, or their respective employees and representatives, are authorized to vary these Terms & Conditions.

2 . When we provide the CrewPass services

We will supply the services relating to CrewPass to you until following your successful registration with us until your subscription expires, or you end the contract as described in these Terms & Conditions or we end the contract by written notice to you as described in these Terms & Conditions.

The period of your subscription is for 2 years and these Terms & Conditions apply during this period. Either you or we can end this contract as described in these Terms & Conditions during the 2-year period. At the end of the 2-year period, you will need to renew your subscription with us in order to continue to use CrewPass. We will notify you before the end of the 2-year period and provide you with details about the renewal subscription fee, how to renew the subscription, the terms and conditions that will apply, and any other relevant details you need to know before agreeing to renew your subscription.

3. Your use of CrewPass

On and from the date of registration you consent to us starting to provide the CrewPass services to you and that one of the first services to be provided is that we will have a criminal record check or background check report undertaken on you for CrewPass. By providing this consent you understand that you will be affecting your rights in relation to any refund that you will be entitled to if you change your mind and cancel the subscription within the 14-day cooling-off period. These are detailed further in the Termination, Deactivation of your User Account, Denial of Access, Suspension section of these Terms & Conditions.

You agree to the following as a condition of your use of CrewPass:

4. What will happen if you do not give us the required information?

We may need certain information from you so that we can supply CrewPass to you, for example, your name, date of birth, address, nationality, contact details, information required for criminal or background searches and screening and yachting qualifications. If so, this will have been stated in the description of the CrewPass service on our website and required in the registration form. We will contact you to ask for this information if it is not provided at the time of submitting your registration and enrollment with CrewPass. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying access to CrewPass late or not supplying any part of it if this is caused by you not giving us the required information we need within a reasonable time of us asking for it.

5. Reasons we may suspend CrewPass. 

We reserve the right to suspend CrewPass or your access to CrewPass:

we are obliged to comply with an order, instruction or request of any government, regulatory, or emergency services organisation, or other competent administrative authority;

6. We may suspend your access to CrewPass if you do not pay. 

If you do not pay us for the subscription to CrewPass when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend your access to CrewPass until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your access to CrewPass. As well as suspending your access to CrewPass we can also charge you interest on your overdue payments.  

7. When you must pay and how you must pay for accessing and using CrewPass

We accept payment for your subscription from any major credit or debit card. When you pay depends on whether you chose to pay annually or monthly as part of the registration process. Your payments are subject to the terms of the Continuous Payment Authority detailed below.

If you pay monthly, you must make at least the first month’s payment in order to get access to CrewPass.    

Continuous Payment Authority

When you provide your debit or credit card details, we will set up a continuous payment authority with your card details being held securely by a 3rd party. This authority allows us to collect card payments for the CrewPass subscription fees, collect any outstanding balances due following the cancellation of your subscription or collect your renewal subscription fees.

If you have chosen to pay annually, we will collect this annual payment from your card on the date of registration and then on the next annual anniversary. If you have chosen to pay monthly, we will collect your first monthly payment from your card on the date of registration and then on the same day in each successive month for the next 23 months and where that day does not occur in a subsequent month then the payment will be collected on the previous day. So for example you register and make your first payment on the 31st of the month then in those subsequent months which do not have 31 days, then the payment will be taken on the last day of the month.

At least 30 days before the end of the 2-year term of the contract with us, we will notify you either via email or through a notification on CrewPass, that your subscription contract is due for renewal. On renewal of your subscription with us, we will continue to collect card payments for the CrewPass subscription fees and any other fees or charges relating to CrewPass from your debit or card details. 

On the renewal of your subscription or for any other non-subscription-related charges we will always notify you of any payment in advance, confirming the amount and the date the payment will be taken. 

If the payment collection is unsuccessful, we will try to collect the payment on two further occasions within a 30-day period. You can make alternative arrangements to pay any money owed by contacting us at customerservice@crewpass.co.uk. If payment remains unsuccessful then we retain the right to suspend your access to CrewPass.

You can cancel this authority at any time by contacting us at customerservice@crewpass.co.uk and letting us know that you would like to withdraw your permission.

It is your responsibility to ensure that during your subscription you keep your card payment details up to date and if a card expires, is lost, stolen or cancelled for any other reason, then it is your responsibility to notify us as customerservice@crewpass.co.uk and we will arrange for you to securely provide us with your new card details to continue with this continuous card authority. 

8. Protecting your Account and keeping your account details safe

If you choose, or you are provided with, a user identification code or unique username, a strong password or any other piece of information as part of our security procedures, including your unique CrewPass ID issued to you, you must treat such information as confidential. You must not disclose these details to any third party, except the unique CrewPass ID which can be disclosed to any employment agency or vessel owner or manager using CrewPass.

You are responsible for maintaining at all times the confidentiality of all information relating to your User account, including your unique CrewPass ID, your log-in particulars, and for restricting unauthorized access to your electronic device. You are solely responsible for all activities and actions occurring in your account. You agree that the use of your password constitutes a security procedure for accessing your account and your profile, and is a commercially reasonable method of providing security against unauthorized access to or use of your account.

You will immediately contact us if you have reasons to believe that your password has been intercepted or compromised if you know or suspect that anyone other than you knows your user identification code or password, or that there might be an attempted breach or unauthorized use of your account, unique CrewPass ID, password or any identifier used by you in relation to your account. Please contact the administrator of CrewPass at: customerservice@crewpass.co.uk.

You acknowledge that we will not be liable for any actions initiated under your account, even if you did not authorize such actions. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with your obligations under these Terms & Conditions, or for any acts or omissions by you or anyone else using your account or log-in credentials.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these account protection measures.

9. System Security and Reliability

We will use commercially reasonable efforts to provide reliable and secure access to CrewPass, but we do not guarantee secure and reliable access at all times, including in the event of heavy Internet traffic, automated maintenance and upgrades, forced and emergency shutdowns, denial of service, or exceptional and unusual circumstances beyond our reasonable control and events of force majeure.

You understand and acknowledge the risks associated with the transmission of data through the Internet and wireless infrastructures. We do not warrant or guarantee a fault-free and uninterrupted service, and you acknowledge that we will not be liable for any damages that you may incur, directly or indirectly, as a result of any downtime, delay, loss of data, loss of business, expenses or any other circumstances relating to the above.

You are solely responsible for protecting your computer equipment, technical environment, hardware, mobile devices, software equipment and any other materials and equipment against viruses, malware including but not limited to computer worms, ransomware, spyware, adware, trojan horses, keyloggers, rootkits and other malicious software and to ensure that your devices are free from any such viruses and malware. We will incur no liability, including without limitation, for direct and indirect damages, for viruses or any malware that may affect or impact your systems or devices, or viruses or malware resulting from your access to, or use of CrewPass.

10. Third-Party Services

You acknowledge that your access to and the availability of CrewPass, sources and referrals linked to CrewPass and third-party services, are contingent upon the services made available by third-party providers and their ability to maintain necessary licenses or permissions, network capacity, connectivity, network coverage, quality and availability. You will enquire as to the availability, nature and level of services, and conditions applicable to such services, directly with any third party, and we will not be responsible for the extent and quality of services made available to you by third-party services, including without limitation the hours of operation, availability, timely delivery of results, quality of services, payment terms and pricing.  You understand and expressly consent to the right of such authorized third parties to access and process your personal data for the purposes of providing their services to you in connection with CrewPass. Both employment agencies and a vessel’s use of CrewPass through their own systems (whether onboard the vessel, through the cloud or offered in any other manner) and provision of services will be considered a third-party service.    

11. Third-Party Links

CrewPass and associated microsites or pages may provide links to other Internet sites or resources (Third Party Links). Such Third Party Links are provided for convenience only. You acknowledge that we have no control over such Third Party Links and you agree that we are not responsible for the availability of such external sites and resources and that we do not endorse and are not responsible or liable for any content, advertising, products, services or other materials posted on, or available from, such Third Party Links and we are not responsible or liable, directly or indirectly, for any inconvenience, damage or loss that may result from your use of, or reliance on, any such Third Party Links. We may remove such Third Party Links at any time at our entire discretion without prior notice.

12. Privacy

We are committed to respecting and protecting your privacy to the greatest extent possible. We believe personal data should only be used for a precise and predetermined purpose. We process your personal information in compliance with applicable data protection legislation. We will ensure, via a third-party provider, the encryption of the data on CrewPass. 

CrewPass stores your personal information provided by you or a third party on your behalf and with your consent, and can only be accessed by others when you consent and share it through your use of CrewPass, and you understand and expressly consent to your personal data being accessed and processed by us and by authorized third-parties, specifically employment agencies, vessel owners or managers, and criminal record or background check bureaux and identification verification agencies, all for the purposes of making CrewPass and its features available to you.

You expressly consent to the use of your personal data, by us, any of our partner employment agencies, or any vessel seeking or employing crew members, for the purposes of providing CrewPass to you and to allow for its intended use, conducting the necessary criminal record searches and background checks, identification verification checks, employment eligibility checks and verifications, provision of human resource functions, displaying of your qualifications and biography, immigration and visa status, offering employment status and history information, in order to facilitate crew monitoring on and off any designated vessel, displaying crew rotas and on and off boards, and the participation in any private or group chat facilities, as well as for any internal analysis, validation, verification, and quality assurance functions relating to the aforementioned data. 

We only use any personal data we collect through your use of CrewPass in the ways set out in our privacy policy. To learn more about the processing of your personal information, please read the CrewPass Privacy Policy.

You expressly consent to us transferring your personal data on CrewPass to jurisdictions outside of the EEA for purposes of providing the CrewPass services, including to, from and through our partner third party providers.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Internet may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

13. Uploading content to CrewPass

Whenever you make use of a feature that allows you to upload content to CrewPass, or to make contact with other users of CrewPass, you must comply with the content standards set out in our Acceptable Use Policy. This does not apply to any personal data required to be uploaded in order to use CrewPass which shall be treated in accordance with our CrewPass Privacy Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

You retain all of your ownership rights in your content, but you are required to grant us and other users of CrewPass a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the User Content and Usage Data section below. 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you on CrewPass constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on CrewPass if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

14. We are not responsible for viruses and you must not introduce them

We do not guarantee that CrewPass or the CrewPass site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access CrewPass. You should use your own virus protection software.

You must not misuse CrewPass by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to CrewPass, the server on which CrewPass is stored or any server, computer or database connected to CrewPass. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use CrewPass will cease immediately.

15. How you may use material on CrewPass

We are the owner or the licensee of all intellectual property rights in CrewPass, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy and may download extracts, of any page(s) from CrewPass for your personal use.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on CrewPass must always be acknowledged (except where the content is user-generated).

You must not use any part of the content from CrewPass for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of CrewPass in breach of these terms of use, your right to use CrewPass will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

16. No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the CrewPass site or any services provided via, or in relation to, CrewPass. This includes using (or permitting, authorising or attempting the use of):

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

17. User-generated content is not approved by us

CrewPass may include information and materials uploaded by other users of CrewPass, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on CrewPass do not represent our views or values.

18. How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us at customerservice@crewpass.co.uk. 

19. Intellectual Property and User Licence

CrewPass Content. As between you and us, all content, data, graphics, images, audio, video, software, products, trademarks, service marks, trade names, components, information (collectively, the CrewPass Content) accessible by means of CrewPass, excluding the User Content, and all Intellectual Property associated to CrewPass are proprietary to, and our exclusive property. The CrewPass Content and Intellectual Property are protected by international intellectual property laws. Except as specifically provided for in these Terms & Conditions, you are prohibited from modifying, copying, reproducing, publishing, transmitting, distributing, posting, executing, interpreting, transferring, assigning, sharing, advertising, commercializing, leasing or selling any CrewPass Content, in whole or in part, directly or indirectly, or from creating derivative works therefrom, without our specific prior written consent. The term Intellectual Property means any patents, registered designs, design rights, right to inventions, work product, any trade and business name, trademark, service mark, logo, trade dress or other name or mark that is owned or licensed and is protected or protectable under trade mark laws, regulations or conventions, including goodwill associated with same, trade secrets, copyright, moral rights, databases, rights in computer software, source code, object code, domain names, topography rights and utility models, records, documents, data or other intellectual property.

Brands and Trademarks. The CrewPass® term and logo, the CrewPass corporate logo, and all other CrewPass logos and product and service names are CrewPass Trademarks, which are protected by international intellectual property laws. Third-Party Trademarks appearing on, or in connection with, CrewPass are trademarks of their owners. You are not permitted to use or incorporate any CrewPass Trademarks or Third-Party Trademarks into any other trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations. You are prohibited from removing, overprinting or defacing any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of software or information from CrewPass. The term CrewPass Trademarks means all names, marks, brands, URL names or addresses, logos, designs, trade dress and other designations we use in connection with products or services, and Third-Party Trademarks means all names, marks, brands, URL names or addresses, logos, designs, trade dress and other designations third parties use in connection with their products or services.

User License. As between you and us, we own and operate CrewPass and the CrewPass App, and all other applications and features that might be linked to CrewPass. For the duration of your User account remaining active, we grant to you a single user, personal, limited, non-exclusive, restricted, non-assignable, non-transferable, non-sublicensable and revocable license to access and use CrewPass for your sole personal use and for the purposes as set out in these Terms & Conditions.

These Terms & Conditions will not be interpreted or deemed to transfer to you any right of ownership, license or otherwise, whether by estoppel, implication or otherwise, in or to CrewPass or the CrewPass App or any of the applications, products, services, CrewPass Content, data or information accessible through CrewPass or the CrewPass App. As between you and us, we shall be the sole and exclusive owner of all components of CrewPass and all features and applications linked to CrewPass, and the use of the App, shall not pass to you any title to or other proprietary rights, such being expressly reserved to, and vested in, us and our authorized licensors. Any improvements, developments, modifications, changes, supplements, augmentations or works that may be derived from, created or otherwise presented by you in connection with CrewPass and the features linked to CrewPass shall be our exclusive property and you irrevocably and forever assign to us all of your rights, title and interest which you may hold or claim in that regard.

User Content and Usage Data. Any and all information and related materials published, stored or uploaded by you to, or in connection with your use of the App (User Content) shall remain your property or under your control. You hereby grant to us a worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, fully paid-up license to copy, disclose, distribute, incorporate, modify, create derivative works and otherwise use the User Content and all images, sounds, text and other data embodied therein, for the purposes for which the User Content was uploaded and in accordance with these Terms & Conditions, subject to the rights of individuals and the protection of privacy and personal data. We will be in no manner responsible for your User Content.

You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use the User Content, or data relating to your use of CrewPass, for the purposes of providing CrewPass to you and to allow for its use, as well as for internal analysis, validation, verification, and quality assurance.

We may collect, create, derive, use and publish aggregated anonymized data (Usage Data) relating to your and other users’ use of CrewPass, for the purposes of, amongst other uses, analytics, statistics, trendsetting, industry publications, advocacy, training, education or developing or enhancing our products, services and publications. We own all rights, titles and interests, including copyright, in and to all such Usage Data.

If any information about you or any User Content that you provide is untrue, inaccurate, not current, incomplete or offensive, or if we have reasonable grounds to suspect as such, we shall have the right to request you to complete, correct, update or delete such information, and/or to suspend or terminate your use of CrewPass in our absolute discretion.  You understand and agree that we are under no obligation to verify the accuracy or completeness of the information you provide and that we are not liable or responsible with respect to any errors or omissions made by you with respect to any information you provide or omit to provide.

We will apply a zero-tolerance approach in regard to postings to, or transmission through, CrewPass and any communications linked to CrewPass, including through media and social media, of any unlawful, infringing disrespectful, controversial, judgmental, threatening, libellous, defamatory, obscene, indecent, pornographic or otherwise inappropriate material, or any material that may result in a breach of confidentiality or serve to identify or impact the natural rights and safety of individuals.

You undertake to refrain from advertising, issuing opinions or commentaries regarding CrewPass, the CrewPass App, or any of its users and other parties, including any vessel owners or managers, in any public forum and on any media, including social media, without first obtaining our specific written prior consent, which will not be unreasonably withheld.

20. Warranty

Whilst we make every reasonable effort to ensure the quality and accuracy of CrewPass and all features and services linked to CrewPass, the App and all its components and contents are provided without any warranty, representation or condition whatsoever, express or implied.

WE DISCLAIM ANY WARRANTY, REPRESENTATION OR CONDITION, EXPRESS OR IMPLIED, IN RESPECT OF CREWPASS AND ALL FEATURES AND SERVICES LINKED TO CREWPASS AND THE CREWPASS APP, ITS COMPONENTS AND CONTENTS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES, REPRESENTATIONS, CONDITIONS AND WARRANTIES OF QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT CREWPASS OR ANY INFORMATION OR OTHER CONTENT AVAILABLE ON, OR IN CONNECTION WITH, CREWPASS IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  WE PROVIDE CREWPASS, INFORMATION AND OTHER CONTENT THEREON ON AN "AS IS", “WHERE IS” AND “AS AVAILABLE” BASIS, IN RELIANCE ON INFORMATION AND DATA SUBMITTED BY YOU AND THIRD PARTIES, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, PROTECTION FROM CYBER RISKS, NON-INFRINGEMENT OR TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM CREWPASS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.  YOU USE CREWPASS AT YOUR OWN RISK. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT, NOR WARRANT, THAT CREWPASS WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS, AND YOU ASSUME THE RESPONSIBILITY FOR EVALUATING YOUR NEEDS, SELECTING AND USING CREWPASS WITH A VIEW TO ACHIEVING YOUR INTENDED RESULTS, AND YOU ACKNOWLEDGE THAT YOU HAVE CONDUCTED ALL INDEPENDENT INQUIRIES IN THAT REGARD TO YOUR ENTIRE SATISFACTION.

YOUR USE OF CREWPASS MAY OR MAY NOT RESULT IN PERMITTED OR CONTINUOUS EMPLOYMENT ON ANY PARTICULAR VESSEL. SUCH DECISIONS ARE MADE BY THE RELEVANT OWNERS OR MANAGERS OF THE VESSELS AND ARE OUTSIDE THE SCOPE OF CREWPASS. FURTHER, WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOU WILL BE ABLE TO USE CREWPASS ON ANY VESSEL AS A MEANS OF IDENTIFICATION, WHICH IS SOLELY WITHIN THE DISCRETION OF EACH VESSEL OWNER OR MANAGER. WE SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM RESTRICTIONS OR DELAYS YOU MAY EXPERIENCE IN FINDING EMPLOYMENT OR BEING PLACED ON ANY VESSEL AS A CREW MEMBER OR SHOULD CREWPASS OR ITS CONTENTS NOT BE ACCEPTED.

WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE GOVERNMENTAL AUTHORITIES, CRIMINAL RECORDS BUREAUX, CLINICS, LABORATORIES, MEDICAL CENTERS OR TESTING/VACCINATION FACILITIES LISTED OR REFERRED TO ON CREWPASS, OR ANY ENTITY OR PERSON RESPONSIBLE FOR TRANSMITTING CRIMINAL CHECK OR BACKGROUND CHECK RESULTS, TEST RESULTS, VACCINATION DOCUMENTATION OR OTHER DATA TO CREWPASS, ARE ACCREDITED, ENDORSED, VETTED, VALIDATED, APPROVED OR OTHERWISE SUPERVISED BY US, OR THAT SUCH INSTITUTIONS AND FACILITIES ARE RECOGNIZED AND APPROVED BY GOVERNMENTAL AND OTHER AUTHORITIES, ANY EMPLOYMENT AGENCIES OR VESSEL OWNERS OR MANAGERS. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE QUALITY, COMPLETENESS, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICES (INCLUDING ANY FORM OF RESULTS AND PROCEDURES) PROVIDED BY SUCH INSTITUTIONS AND FACILITIES. IT IS YOUR RESPONSIBILITY TO VERIFY THAT A CHOSEN INSTITUTION OR FACILITY, AND THAT THE RESULTS, TEST OR VACCINATIONS ADMINISTERED, MEET THE REQUIREMENTS FOR EMPLOYMENT ELIGIBILITY.

21. Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, CREWPASS. IN NO EVENT SHALL WE, OUR PROVIDERS OR PARTNERS BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, LOSS OF BUSINESS OR OPPORTUNITY, REPUTATIONAL LOSS, LOSS OF DATA, CORRUPTION OR COMPROMISED ELECTRONICALLY TRANSMITTED DATA AND ORDERS, OR OTHER ECONOMIC ADVANTAGE RESULTING OR ARISING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, CREWPASS OR ANY OTHER FEATURE, COMPONENT OR MATERIAL RELATING TO CREWPASS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE CREWPASS, THE UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR INFORMATION, THE ACTIONS OR OMISSIONS OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATING TO CREWPASS OR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH CREWPASS, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, REGARDLESS OF WHETHER WE, OUR PROVIDERS, PARTNERS OR ANY THIRD-PARTY WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE OR IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.

WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF CREWPASS OR ANY INFORMATION PROVIDED BY YOU OR ANY OTHER THIRD PARTY PROVIDING RELEVANT INFORMATION WITH RESPECT TO CREWPASS. EXCEPT AS PROVIDED HEREIN, WE WILL NOT BE LIABLE FOR ANY VIRUS OR OTHER DAMAGE TO YOUR ELECTRONIC DEVICE RESULTING FROM YOUR ACCESS OR USE OF CREWPASS OR DOWNLOAD OF ANY CONTENT FROM CREWPASS. WE BEAR NO RESPONSIBILITY FOR EXPOSED DATA IN CASE OF THEFT, LOSS, CORRUPTION OR COMPROMISE OF YOUR COMPUTER EQUIPMENT, MOBILE DEVICE OR CHANNELS OF COMMUNICATIONS USED TO ACCESS CREWPASS. ANY MATERIAL DOWNLOADED BY YOU OR OTHERWISE OBTAINED THROUGH CREWPASS IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, EQUIPMENT OR SOFTWARE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR CREWPASS NOT BEING COMPATIBLE WITH, OR FUNCTIONING PROPERLY OR WITH LIMITED ABILITY ON, YOUR ELECTRONIC DEVICE. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH CREWPASS, AND YOU AGREE THAT YOU WILL NOT MAKE A CLAIM AGAINST US FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS, LOST EMPLOYMENT OPPORTUNITIES, LOST INCOME, LOST BUSINESS OR GOODWILL, REPUTATIONAL RISK, OPPORTUNITY COST AND ANY OTHER LOSS, EXPENSES OR DAMAGES RESULTING FROM YOUR USE OF CREWPASS OR OF ANY CONTENT OR INFORMATION ACCESSIBLE THROUGH, OR IN CONECTION WITH, CREWPASS. IN THE EVENT WE ARE HELD LIABLE UNDER THIS CONTRACT OUR MAXIMUM AGGREGATE LIABILITY TO YOU IS THE ANNUAL SUBSCRIPTION FEE PAID BY YOU IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

22. Indemnification

You agree and undertake to indemnify and hold harmless us, our affiliates, representatives, agents, licensors, successors and assigns, and their respective directors, officers, employees and representatives, from and against any action, claim, proceedings loss, damages, liabilities, fines, penalties, orders and judgments, reasonable legal fees on a solicitor-client basis, expenses, costs, injuries  and any other liability that we or they may incur in relation to your use of CrewPass, including any transactions or transmissions made through or in connection with the CrewPass App, errors, omissions, false or fraudulent information, or in any information provided or uploaded by you including the information and country stated on your passport, your background checks or criminal records checks results, any test results, vaccination documentation, User Content provided by you, your breach of the Acceptable Use Policy, your breach of these Terms & Conditions or of the CrewPass App Terms of Use, the activity related to your account carried out by you or any other person with access to CrewPass by using log-in credentials associated with your account, and all circumstances stemming from your use of CrewPass. 

23. Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms & Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the registration process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to CrewPass 

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

24. Termination, Deactivation of your User Account, Denial of Access, Suspension

Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have a legal right to change your mind within 14 days after the day we confirm and accept your registration and subscription to CrewPass and to receive a refund.  However, If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. On registration and as part of the CrewPass service you subscribe to, a criminal record check or background check report will be undertaken by a third-party provider. The cost of this is covered by your subscription fee. This service is provided during the cooling-off period and if you change your mind about the subscription, you will still be liable for the full cost of the criminal record check or background check report. 

If you have just changed your mind about CrewPass. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of any services already provided to you e.g. a completed background check report undertaken by a third-party provider. If the cost of the criminal record check or background check report is less than the amount being refunded to you, then we will refund you the remaining difference. If however, the cost of the criminal record check or background check report is more than the amount being refunded then you will not receive a refund and we may collect from your payment card the outstanding amount still due to us. We will notify you of what this amount will be when you tell us that you want to cancel the contract and before we collect the payment.

You do not have a right to change your mind in respect of CrewPass if you have already downloaded or streamed access to CrewPass through the CrewPass App

Deactivating your account and ending the contract 

You may, at any time and at your entire discretion, request us to deactivate your account. For clarification, you will remain responsible for any and all activities in or through your account, although you may have ceased to use actively your account or have left your account dormant, and this is until such time as your account has been deactivated permanently by us. 

Tell us you want to deactivate your account and end the contract. 

To end the contract with us, please let us know by emailing customer services at customerservice@crewpass.co.uk. Please provide your name, home address, unique CrewPass ID where available, and your phone number and email address. 

If you want to end the contract just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for CrewPass for services which will not have yet been provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to provide you access to CrewPass until 3 March. We will only charge you access to CrewPass up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.

The amount refunded to you on ending the contract

We may deduct from any refund to you an amount for the supply of and your access to CrewPass for the period for which it was supplied and used by you, concluding with the time the contract is ended. The amount will be in proportion to what has been supplied, in comparison with the full subscription under the contract. This may mean that where the cost of the services already provided exceeds the amount of the refund, you will not receive any refund from us and you may owe us certain costs. For example, if the cost of the criminal record check or background check report has not been fully covered by your subscription fees already paid and is still more than the amount due to be refunded to you, then you will not receive a refund and we may collect from your payment card the outstanding amount still due to us. We will notify you of what this amount will be when you tell us that you want to end the contract and before we collect the payment.

When your refund will be made? We will make any refunds due to you as soon as possible and in any event within 30 days of the contract ending. 

When you do not pay us what you owe us? If the settlement of an amount due by you to us is not arranged within 30 days of you ending this contract, and we are not able to collect that amount through your card payment, we may instruct a debt collection agency to recover the amount owed. If you do not arrange a settlement of the amount owed, this may lead to legal action and affect your future credit rating. The debt collection agency may charge additional fees to cover its costs. 

25. Our rights to deactivate your account and end the contract

We reserve the right, in our entire discretion, to terminate, suspend, interrupt, limit, remove or cancel your access to CrewPass, including the CrewPass App, without prior notice, in the event of your breach of the Acceptable Use Policy, your breach of these Terms & Conditions or of the CrewPass App Terms of Use, or if you fail to maintain your account in good standing. We reserve the right, without being under an obligation to do so, to suspend or deactivate your account in the event of suspected irregularities or detected threats to the system.

We may suspend and terminate your account and deny your access to CrewPass or the CrewPass App, with immediate effect, in the event of your breach of, or you being suspected of breaching economic sanctions laws and regulations.

We may suspend and terminate your account and deny your access to CrewPass at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.

We reserve the right to discontinue CrewPass and/or the CrewPass App at any time at our entire discretion. We will of course inform you in due course before doing so and advise you of your rights under the circumstances.

If your right to use CrewPass is terminated or discontinued in any way:

26. Changes to CrewPass and Terms of Use

The features of CrewPass and the App and the contents of these Terms & Conditions may be amended or supplemented by us, and we reserve the right to and to make modifications to CrewPass and the App or any of its features (including removing features permanently), at any time and at our entire discretion, by posting a notice to that such effect on the landing page of CrewPass or any other reasonable means of communication.  You will be responsible to remain current and knowledgeable of any changes. You shall be deemed to have consented to all changes and amendments made to CrewPass and these Terms & Conditions by your continued use of CrewPass. You agree that each time you access and use CrewPass, your usage will be subject to the Terms & Conditions as they are then expressed, and your continued use of CrewPass will serve as your confirmation that you have read, understood and agreed to be bound by the same.

From time to time we may automatically update and change CrewPass to improve performance, enhance functionality, reflect changes to the operating system or address security issues. 

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using CrewPass.

27. Rights and Recourses 

The failure to require the strict performance of any provision of these Terms & Conditions or any failure to assert any rights we may have under these Terms & Conditions shall not be interpreted as a waiver of our right or recourse. The conduct of business practices or of the business relations between you and us shall not be deemed to modify these Terms & Conditions. All recourses are cumulative.

28. Interpretation

The section titles in these Terms & Conditions are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms & Conditions shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

29. Severability 

Should any provision of these Terms & Conditions be found invalid or unenforceable, such provision shall be amended or stricken only to the extent required to comply with the applicable legislation and the validity of the remaining provisions of these Terms & Conditions shall not be affected.

30. Survival of Provisions

The provisions in these Terms & Conditions regarding intellectual property rights, protection of personal data and privacy, disclaimers of warranty, limitation of liability, indemnification and recourses shall survive the expiration of termination of your account and use of CrewPass.

31. Entire Agreement

These Terms & Conditions, including the additional terms referenced in these Terms & Conditions, constitute the entire agreement between you and us governing your access to and use of CrewPass and the App and supersedes any discussions, representations or undertakings respecting your account and use of CrewPass.

32. Governing Laws, Jurisdiction and Venue

You agree that these Terms & Conditions and all matters between you and us will be governed by and construed in accordance with the laws of England, as if a contract wholly entered into and performed within England, without reference to choice of law principles. Except as provided below, you irrevocably agree to submit to the exclusive personal jurisdiction and venue of the courts sitting in England.

33. Arbitration and Class Action

You agree to resolve disputes only on an individual basis, through arbitration pursuant to the provisions set out below. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY ACTION, LAWSUIT, OR PROCEEDING AS A CLASS OR COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER PROCEEDING IN WHICH ANY PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

For the purposes of these Terms & Conditions, a dispute is any claim, dispute, disagreement or controversy between you and us concerning your account or use of CrewPass, including without limitation, any feature or technical aspects of CrewPass, registration and process, availability and reliability of CrewPass, any relationship we entertain with our suppliers, service providers and partners to CrewPass, any subject relating to customer service and to the operation of your account, our decision to suspend or interrupt your User access, our marketing and communications, or any other term and condition of these Terms & Conditions, under any legal theory including contract, warranty, tort, statute or regulation.

As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, you agree to provide due and sufficient notice of the dispute or disagreement, including a description of the matter, the efforts that have been made to contain, mitigate and resolve the issue, and the nature of the request for resolution, addressed to: customerservice@crewpass.co.uk. 

Disputes that cannot be resolved as above shall be referred to and resolved exclusively by way of final and binding arbitration with the London Court of International Arbitration (LCIA) under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration, shall be London, England. The language to be used in the arbitral proceedings shall be English. The arbitrator will follow all applicable substantive laws and statutes of limitations, recognize privilege, issue a written decision including the reasons supporting the decision, and may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees). Any award in arbitration shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

In the event any of the above provisions are found to be unenforceable in regard to a dispute, in whole or in part, such parts will not be placed for arbitration and will be resolved brought before the courts as stated above with the balance resolved through arbitration.

34. We may transfer these Terms of Use

We may transfer our rights and obligations under these Terms & Conditions to another organisation or any affiliate. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

35. Limitation

Notwithstanding anything to the contrary provided under any applicable laws or statutes of limitations, unless prevented by law, a dispute under these Terms & Conditions must be noticed for arbitration within one (1) year of the events and circumstances giving rise to the dispute, failing which such dispute or claim will be permanently barred and of no effect.