WEBSITE TERMS OF USE
Welcome to our website with URL address: www.crewwith.me
This Website is owned and operated by Sciox Technologies
(Australia) Pty Ltd, trading as CrewWithMe, ABN 81 162 868 519
(CrewWithMe, us or we) whose registered address is 368 Sussex
St Sydney, NSW, 2000. The term 'you' or 'your' refers to
the Website user.
Your access to the Website is conditional upon your acceptance and
compliance with the Terms of Use, conditions, notices and disclaimers
contained in this document (collectively known as Website Terms of
Use or Terms of Use), which together with our Privacy Policy govern CrewWithMe's relationship with you in connection with this Website.
Our Privacy Policy can be accessed using the link at the bottom of
the Website. Your access to and use of our Website constitutes your
agreement to the Website Terms of Use. The Terms of Use may be
amended from time to time. Your continued use of our Website
following any such amendments will be deemed to be confirmation that
you accept those amendments.
Your access to and use of our Website is subject to the following
Terms and Conditions:
1 Information: The information contained in this Website is for
general information purposes only. The information is subject to
change without prior notice. While we endeavour to keep the
information up to date and correct, we make no representations,
warranties or guarantee, express or implied, about the completeness,
accuracy, reliability, suitability or availability of any
information, images, products, services, or related graphics
contained on the Website for any purpose. You acknowledge that it may
contain mistakes, inaccuracies or errors. We expressly exclude any
liability for such to the fullest extent permissible by law. The
information on the Website is not intended to be comprehensive, nor
does it constitute legal advice or legal services. Any
statements, opinions or information contained on this Website have
been prepared without taking into account your objectives, financial
situations or needs. Any reliance you place on it is at your own
risk. Before acting on any such statements, opinions or information
on this Website, we recommend that you consider whether it is
appropriate for your circumstances, carry out your own research and
seek professional advice where necessary.
2 Services: We are not responsible for any delays, interruptions
or outages to the Website. We will use commercially reasonable
efforts to minimise delays and interruptions. We cannot warrant that
the Website will be available at all times or at any given time. We
may at any time and without notice to you, discontinue the Website in
whole or in part. We are not responsible for any loss, cost, damage
or liability that may result from our discontinuance of the Website.
3 Prohibited Conduct: You must not use the Website (i) for any
activities, or post or transmit via the Website any information or
materials, which breach any laws or regulations, infringe a third
party’s rights, or are contrary to relevant standard or codes or
(ii) to post or transmit any material which interferes with other
users or defames, harasses, threatens, menaces, offends or restricts
any person or which inhibits any user from using the Website or the
Internet; or to send unsolicited email messages. You must not
attempt to or tamper with, hinder or modify the Website or attempt to
or knowingly transmit viruses or other disabling features to the
Website or via the Website; or facilitate or assist another person to
do any of the above acts.
4 Cookies: This Website uses cookies to monitor browsing
preferences. If you allow cookies to be used, personal information
may be stored by us for use by third parties including: your
birthdate, your gender, your address, and details of your vessel and
its insurance.
5 Intellectual Property: This Website contains material which is
owned by or licensed to us and is protected by Australian and
international laws. This material includes, but is not limited to,
the software, content, design, images, graphics, layout, appearance,
layout and look of the Website. We own the copyright, which subsists
in all creative and literary works that are displayed on the Website.
Any reproduction of the Website’s material is prohibited other than
in accordance with the copyright notice, which forms part of these
Terms of Use. All trademarks reproduced in this Website, which are
not the property of, or licensed to us, are acknowledged on the
Website. Your use of the Website does not grant you a licence or act
as a right of use of any of the trademarks or logos, whether
registered or unregistered, that are displayed on the Website without
the express written permission of the trade mark owner. You must not
(i) reproduce or use any of the material on the Website for
commercial purposes including sale; (ii) in any way modify the
material on the Website; (iii) cause any of the material on the
Website to be framed or embedded in another website; or (iv) modify,
copy, reproduce, republish, frame, upload to a third party, post,
transmit or distribute the content of the Website in any way, except
as expressly provided for by us or expressly authorised in writing by
us. If you breach these Terms of Use, we will enforce our
intellectual property rights against you.
6 Third Party Links: This Website may include links to hyperlinks
and other pointers to websites operated by third parties which are
not controlled by us. Third party links are provided for your
convenience to provide you with further information. They do not
signify that we recommend or endorse the third party websites. We
have no control over the nature, content and availability of those
websites. You should make your own investigations with respect to the
suitability of information, goods or services offered to you via a
third party website. You use third party links and visit third party
websites entirely at your own risk.
7 Disclaimer: Certain legislation including the Consumer and
Competition Act 2010 (Cth) and other similar consumer protection
laws and regulations in other countries may confer you with rights
and remedies relating to the provision of goods or services to you by
us via the Website which cannot be excluded, restricted or modified
(Rights). We exclude all implied conditions and warranties except for
your Rights. The material on the Website is provided to you without
warranties of any kind, either express or implied. We disclaim all
warranties including but not limited to implied warranties of
merchantability and fitness for a particular purpose. We do not
warrant that the functions contained in any material on the Website
or your access to the Website will be error free, that any defects
will be corrected or that the Website or the server which stores and
transmits material to you are free of viruses or any other harmful
components. We take no responsibility for, and will not be liable
for, the Website being unavailable. To the extent permitted by law,
we will not be liable for any loss, damage, costs or expense whether
direct, indirect, incidental, special and/or consequential, including
loss of profits, suffered by you or claims made against you which
result from any use or access of, or any inability to use or access,
the Website. You acknowledge that we are not liable for damage
suffered by you, either directly or indirectly, as a result of your
access to the Website.
8 Limitation of liability: To the extent permitted by law, our
liability for breach of any implied warranty or condition, which
cannot be excluded by the Terms of Use, is limited, at our option, to
one or more of the following: (i) In the case of services supplied or
offered by us: the supply of the services again; or the payment of
the cost of having the services supplied again. (ii) In the case of
goods supplied or offered by us: the replacement of the goods or the
supply of equivalent goods; the repair of such goods; the payment of
the costs of replacing the goods or acquiring equivalent goods; or
the payment of the costs of having the goods repaired.
9 Indemnity: By using the Website, you agree to indemnify us from
and against all claims, actions, suits, demands, damages,
liabilities, costs or expenses (including legal costs and expenses on
a full indemnity basis), whether in tort or in contract including and
without limitation, negligence, arising out of or connected to your
use of the Website. If we suffer loss or damage or incur any costs
associated with any breach by you of the Terms of Use, or any
associated legal obligation, you agree to indemnify us for those
losses, damages and costs.
10 Enforceability and Breach: If any provision of the Terms of Use
is found to be invalid or unenforceable by a court of law, such
invalidity or unenforceability will not affect the remainder of the
Terms of Use, which will continue in full force and effect. If we do
not act in relation to a breach of the Terms of Use by you, this does
not waive our rights to act with respect to subsequent or similar
breaches of the Terms of Use by you. All rights not expressly granted
in the Terms of Use are reserved.
11 Termination: The Terms of Use in this document are effective
until terminated by us, which we may do at any time and without
notice to you. In the event of termination, all restrictions imposed
on you by the Terms of Use and limitations of liability set out in
the Terms of Use will survive.
12 Use: You may only use the Website for lawful purposes and in a
manner consistent with the nature and purpose of the Website. By
using this Website, you agree that the exclusions and limitations of
liability set out in these Terms are reasonable. If you do not think
they are reasonable you must not use this Website.
13 NSW Law: Your use of this Website and any dispute arising out
of your use of it is subject to the laws of New South Wales. You
irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the Courts of the New South Wales for determining any
dispute concerning the Terms of Use.
Thank you for reading the CrewWithMe Website Terms of Use.
© 2013 CrewWithMe
BUSINESS TERMS AND CONDITIONS
Your access to and use of the Services provided by CrewWithMe is
subject to the following Terms and Conditions:
1 Overview of this Agreement: CrewWithMe is an online introduction
agency for recreational boating, to connect recreational Boat Owners
with recreational boat crew, for a matching fee payable to CrewWithMe
(Services). Our Website lists Boat Owners and Boat Crew who are
available for ridesharing and the events they may take part in. This
is a rideshare arrangement. It is not a boatshare business or a
commercial contract between the Boat Owner and Boat Crew. CrewWithMe
does not provide boating services. CrewWithMe has no responsibility
or liability for whether a Boat Owner and Boat Crew connect and/or
participate in an Event. CrewWithMe has no responsibility or
liability for the Event, availability or cancellation. Boat Owners
and Boat Crew must comply with the Code of Conduct on the Website. We
are not aware of, and have no liability for, the standard of the boat
or the nature of the boating experience.
2 Acceptance of Agreement: You wish to become a member of the
Website and receive the Services. Your membership of the Website is
offered to you, conditional upon your acceptance without modification
of all the Agreement, conditions, and notices set out in this
document and on the Website, including complying with the Code of
Conduct on the Website. Your use of and access to the Website
indicates your acceptance of the Agreement, and any other terms, code
of conduct, conditions, and notices which appear on the Website, as
they exist at that time (collectively, the Agreement). If you do not
accept the Agreement, you are not authorized to use the Website.
3 Amendment of Agreement: CrewWithMe reserves the right at any
time, at our sole discretion, to change or otherwise modify the
Agreement in accordance with the Terms and Conditions herein, without
notice. You should check the Website from time to time so you are
aware of any changes. Your continued access or use of the Website
signifies your acceptance of the updated or modified Agreement.
4 Term: The Agreement begins on the date that we accept your
registration on the site. The Agreement will continue until the end
of the Event, or when you remove all information that you have
uploaded on the Website, whichever is later. Each Event is a
separate arrangement.
5 Connect with a Boat Owner: The KnowledgeBase section of the
Support page on the Website sets out how a recreational boat owner
can use CrewWithMe to connect with recreational boat crew. The
Website sets out the information required.
6 Connect with Boat Crew: The KnowledgeBase section of the Support
page on the Website sets out how recreational boat crew can use
CrewWithMe to connect with a Boat Owner. The Website sets out the
information required.
7 Events: The KnowledgeBase section of the Support page on the
Website sets out how Boat Crew and Boat Owners connect. The Boat
Owner will post details of boating events, providing the details set
out on the Website (Events) The Boat Crew can accept an Event on the
Website. When the Boat Crew register their interest in an Event, an
owner will decide who to accept for the event, and a notification and
request to make a contribution toward the owner’s costs will be
sent to the crew.
8 Matching Fee: The Website sets out the Matching Fee payable and
how it is payable.
1 Payment: The KnowledgeBase section of the Support page on the
Website sets out the amount of the Matching Fee and how to pay the
Matching Fee. We can (now or in the future) accept the following
payment methods and payment Agreement:
(a) Credit Card
(b) PayPal
(c) Direct Debit
If you choose to pay by credit card then we reserve the right to
process the credit card for payment as required to achieve a
successful outcome in the event that the original processing
transaction is unsuccessful. You acknowledge that you are solely
responsible for any charges or fees associated with insufficient
funds or any other such charge relating to the collection of
payments.
You acknowledge that the Matching Fee and other charges are
exclusive of GST. GST is charged at a rate of 10%. If the rate of GST
changes, this will simultaneously be reflected in the charges payable
by you, and you agree to pay this increase from the changed date.
If required by the payment arrangements agreed between you and us,
you must at all times maintain sufficient funds in your credit card
account or your bank account (as the case may be) to cover all fees
or charges payable to CrewWithMe as and when they are due.
Nothing prevents us from taking any action necessary to recover
unpaid fees and charges. At which time all costs including debt
collection, commission, solicitors fees and any out of pocket expense
will be your liability.
If you at anytime exceed our payment Agreement and as a result are
passed on for collection and or legal action, we may place a default
against you with a credit reporting agency.
9 Content:
Each Boat Owner and each Boat Crew (each a Boater) is responsible
for providing, updating and maintaining, any material about you
(Content) for use on the Website, in accordance with any requirements
of and requests by CrewWithMe for information.
By submitting Content to the Website, you grant CrewWithMe a
nonexclusive, royalty-free, perpetual, transferable, irrevocable and
fully sublicensable right to use, reproduce, modify, adapt,
translate, distribute, publish, create derivative works from and
publicly display such Content on the Website; and use the name that
you submit in connection with such Content.
You acknowledge that CrewWithMe may choose to provide attribution
of your Content at our discretion. You grant CrewWithMe the right to
pursue at law any person or entity that violates your or CrewWithMe’s
rights in the Content by a breach of this Agreement.
You are solely responsible for creating backup copies of and
replacing any Content you post or store on the Site at your sole cost
and expense.
10 Control Over and Liability For Content
CrewWithMe takes no responsibility and assumes no liability for
any Content provided by you or any third party, including for
inaccuracies or omissions, or for any loss or damage thereto, nor is
CrewWithMe liable for any mistakes, defamation, slander, libel,
omissions, falsehoods, obscenity, pornography or profanity. As a
provider of interactive services, CrewWithMe is not liable for any
statements, representations or Content provided to CrewWithMe.
You have the right to notify CrewWithMe about any Content on the
Website, that you consider is inaccurate, misleading or deceptive.
CrewWithMe may publish, remove, revise, edit or refuse to publish any
Content, or take no action, in its sole and absolute discretion.
CrewWithMe reserves the right, and has sole and absolute
discretion, to publish, remove, revise, edit or refuse to publish,
without notice, any Content provided to CrewWithMe or posted or
stored on the Website at any time and for any reason without
liability to CrewWithMe.
CrewWithMe has the right to include or exclude entry to, or remove
a Boater from the Website at any time, for any reason whatsoever, in
its absolute discretion, without liability to CrewWithMe.
11 Boater Terms of Use and Warranties
As a condition of your use of this Website, you warrant that:
(a) you will comply with the Code of Conduct on the Website,
(b) all Content provided by you to CrewWithMe is true, accurate,
current and complete,
(c) you will safeguard your account information and will supervise
and be completely responsible for any use of your account by anyone
other than you, and
(d) you possess the legal authority to enter into this Agreement
and to use this Website in accordance with all Terms and Conditions
herein.
As a condition of your use of this Website, Boat Owners agree:
That you are the registered owner or authorised representative of
the boat or boats that you describe on the Website (Vessel);
That the Vessel that you describe on the Website are registered in
the State where you offer rides on the Website, both at the time of
posting on the Website and use of the Vessel;
That you carry insurance for your Vessel, and the activities
undertaken (eg waterskiing cover), both at the time of posting on the
Website and use of the Vessel; and
You will not carry on a charter or vessel for hire on the Website,
unless you hold the appropriate license and business registration
requirements.
As a condition of your use of this Website, Boat Crew agree:
That you seek to crew on a boat, for an Event, as described on the
Website, for recreational purposes;
To abide by the Agreement;
To provide true, accurate, current and complete Content at all
times;
To maintain the security of passwords and/or identification;
Not to post or upload Content which contains hidden code or images
which do not relate to or which alter the intended meaning of the
original Content;
That CrewWithMe has the right to suspend or terminate an account
and refuse any and all current or future use of the Website, in its
sole discretion; and
That to the extent permitted by law, CrewWithMe is not liable for
any Content that causes you any loss or damage.
12 Prohibited Activities
You will not:
post, upload, distribute, store, create or publish any message,
data, information, text, music, sound, photos, graphics, code or any
other material:
- that is false, unlawful, misleading, libelous, defamatory,
obscene, pornographic, indecent, lewd, suggestive, harassing or
advocates harassment of another person, threatening, invasive of
privacy or publicity rights, abusive, inflammatory, fraudulent or
otherwise objectionable;
- that may infringe any patent, trademark, trade secret, copyright
or other intellectual or proprietary right of any party. In
particular, content that promotes an illegal or unauthorised copy of
another person's copyrighted work;
- that impersonates any person or entity or otherwise misrepresents
your affiliation with a person or entity, including CrewWithMe; and
- any material of which contains computer worms, viruses or other
types of malicious or harmful code;
- use the Website for any purpose or in any way which is contrary to
the Agreement or which is unlawful, including but not limited to
breaching intellectual property rights, linking to a listing on the
Website any defamatory, threatening, harassing, abusive,
discriminatory, unlawful, obscene, offensive, profane, indecent or
otherwise objectionable material of any kind;
- modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell or
re-sell any information, software, products, or services obtained
from or through this Website, or do anything that compromises the
security and/or stability of the Website;
- use the Website in connection with the transmission of junk mail,
spam, chain letters or to engage in other flooding techniques or mass
distribution of unsolicited email;
- send automated queries to the Website without CrewWithMe’s
express written permission;
- access, monitor or copy any content or information of this Website
using any robot, spider, scraper or other automated means or any
manual process for any purpose without our express written
permission;
- violate the restrictions in any robot exclusion headers on this
Website or bypass or circumvent other measures employed to prevent or
limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an
unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Website for any purpose without
our express written permission;
- "frame", "mirror" or otherwise incorporate any
part of this Website into any other website without our prior written
authorization; or
- attempt to modify, translate, adapt, edit, decompile, disassemble,
or reverse engineer any software programs used by CrewWithMe in
connection with the Website.
13 Termination
The information contained on the Website constitutes an invitation
to treat by CrewWithMe. Any request placed by you shall be deemed to
be an offer made by you to obtain the Services subject to these
conditions and any other applicable Terms and Conditions.
This Agreement may be terminated at any time if CrewWithMe and the
Boater agree in writing (including by email).
This Agreement may be terminated without notice by CrewWithMe, if
it has any concerns about the Boat Owner or Boat Crew, in its sole
discretion.
Upon termination of this Agreement, CrewWithMe will have no
further obligation to, and will cease to, perform the Services to the
Boater, CrewWithMe has sole and absolute discretion on whether to
remove your Content from the Website and you will pay to CrewWithMe
any amount owed under this Agreement.
The accrued rights, obligations and remedies of the Parties are
not affected by the termination of this Agreement.
14 Confidentiality
Confidential Information means any information about CrewWithMe
including but not limited to its Agreement, operations, products,
prices, membership levels, membership discounts, and customers,
acquired by the Boater whilst, or as a result of, using the Website,
which is not in the public domain (other than as a result of breach
of confidence). You will maintain the secrecy of any Confidential
Information. You agree that you will not, and will use your best
endeavours to ensure third parties do not, disclose, copy, transmit,
retain or remove any Confidential Information. The obligations under
this clause will survive termination of this Agreement.
15 Privacy
CrewWithMe will collect, use and disclose any personal information
in accordance with its Privacy Policy. The Privacy Policy is
available upon request or can be viewed on the Website. Boaters
acknowledge CrewWithMe’s Privacy Policy and consent to the
collection, use and disclosure of personal information in accordance
with that Privacy Policy, the Australian Privacy Principles as set
out in the Privacy Act 1988 (Cth) and any other applicable
legislation or privacy guidelines.
16 Moral Rights
If it is determined that you retain moral rights (including rights
of attribution or integrity) in the Content, you hereby declare that:
(a) You do not require that any personally identifying
information be used in connection with the Content, or any derivative
works of or upgrades or updates thereto;
(b) You have no objection to the publication, use, modification,
deletion and exploitation of the Content by CrewWithMe or its
licensees, successors and assigns;
(c) You forever waive and agree not to claim or assert any
entitlement to any and all moral rights of an author in any of the
Content;
(d) You unconditionally consent to any act or omission by
CrewWithMe or persons acting on behalf of CrewWithMe in relation to
all Content posted, stored or uploaded by you (or in collaboration
with others) in connection with your use of or access to the Website,
which may otherwise be an infringement of your moral rights; and
(e) You forever release CrewWithMe, and its licensees, successors
and assigns, from any claims that you could otherwise assert against
CrewWithMe by virtue of any such moral rights.
The obligations under this clause will survive termination of this
Agreement.
17 Links
This Website may contain hyperlinks to websites operated by
parties other than CrewWithMe. These hyperlinks are provided for your
reference only. We do not control such websites and are not
responsible for their contents or the privacy or other practices of
such websites. It is up to you to take precautions to ensure that
whatever links you select or software you download (whether from this
Website or other websites) is free of such items as viruses, worms,
trojan horses, defects and other items of a destructive nature. Our
inclusion of hyperlinks to such websites does not imply any
endorsement of the material on such websites or any association with
their operators. You may be asked by a third party site to link your
profile on CrewWithMe to a profile on another third party site.
Choosing to do so is purely optional, and the decision to allow this
information to be linked can be disabled (with the third party site)
at any time.
18 Refund and Liability and Refund
You have the right to request a refund of the Matching Fee, from
CrewWithMe, in the following circumstances:
(a) if the Boat Owner or Boat Crew has not contacted you and does
not arrive within 60 minutes of the agreed time and place;
(b) if after meeting the Boat Owner or Boat Crew, you have
material concerns about continuing with the Event, and decide not to
participate in the Event;
(c) if after seeing the boat, you have material concerns about
continuing with the Event, and decide not to participate in the
Event;
(d) if after the Event, you have material concerns about the
nature of the experience, including safety or harassment concerns and
have not been able to resolve.
It is in CrewWithMe’s sole discretion whether to refund the
Matching Fee.
Please raise any concerns and make any requests for refund to:
support@crewwithme.com.au
To the maximum extent permitted by law, CrewWithMe will not accept
liability to you in respect of any loss or damage (including
indirect, special, or consequential loss or damage) which may be
suffered or incurred by you or which may arise directly or indirectly
in respect of you using the Website and the Services, including but
not limited to participating in an Event, going on a Boat Owners
boat, permitting a Boat Crew on a boat, and damage to a Boat Owner or
Boat Crew person or property, or in respect of any failure or
omission on our part to comply with our obligations as set out in
these Agreement.
To the maximum extent permitted by law, any condition or warranty
which would otherwise be implied into these Terms and Conditions is
hereby excluded. If legislation implies any condition or warranty,
and that legislation prohibits CrewWithMe from excluding or modifying
the application of, or CrewWithMe’s liability under, any such
condition or warranty, that condition or warranty will be deemed
included but CrewWithMe’s liability will be limited for a breach of
that condition or warranty to one or more of the following at
CrewWithMe’s selection: the supplying of the services again or a
refund of the Matching Fee paid.
Nothing in this agreement shall exclude or limit CrewWithMe's
liability for (i) death or personal injury caused solely by
CrewWithMe’s negligence; (ii) CrewWithMe’s fraud; or (iii)
CrewWithMe’s wilful default or gross negligence (iv) any other
liability of CrewWithMe which cannot be excluded under applicable
law.
19 Indemnity
You indemnify CrewWithMe and officers, directors, employees and
agents from and against any claims, causes of action, demands,
recoveries, losses, damages, fines, penalties or other costs or
expenses of any kind or nature including but not limited to
reasonable legal and accounting fees, brought by third parties as a
result of:
(a) any and all claims, demands, proceedings and other liability
arising wholly or partially, directly or indirectly from using the
Website and the Services, including but not limited to participating
in an Event, going on a Boat Owners boat, permitting a Boat Crew on a
boat, and damage to a Boat Owner or Boat Crew person or property;
(b) any and all claims, demands, proceedings and other liability
arising wholly or partially, directly or indirectly from lodging
Content including electronic material or data for publication, or
authorising or approving the publication of any Content, or the
publication of any Content, and/or any inaccuracy, inadequacy or
incompleteness of any Content;
(c) any and all claims arising from defamation, libel, slander of
title; infringement of copyright; infringement of trade marks or
names of publication titles; unfair competition; breach of trade
practices, privacy or fair trading legislation; and violation of
rights of privacy or confidential information or licences or royalty
rights or other intellectual property rights;
(d) your breach of these Agreement;
(e) your violation of any law or the rights of a third party; and
(f) your use of the Website.
The obligations under this clause will survive termination of this
Agreement.
20 Notices
A notice or other communication must be in writing in English and
may be served to CrewWithMe personally by post, facsimile or email to
CrewWithMe at:
Name and ABN: Sciox Technologies (Australia) Pty Ltd , trading as
CrewWithMe, ABN 81 162 868 519
Contact Person Name: Operations Manager
Registered Address: 368 Sussex St Sydney, NSW, 2000
Email Address: support@crewwithme.com.au
Phone: +61 2 9486 3830
CrewWithMe may change its address for service of notices by
written notice on the Website.
A notice or notice or other communication must be in writing in
English and may be served to the Boater personally by post, facsimile
or email to the Boater at the details provided on the Boater
Application.
A Boater may change its address for service of notices by written
notice to CrewWithMe.
23 General
23.1 This Agreement is not intended to create a relationship
between the Parties of partnership, joint venture, agency or
employer-employee. You have no authority to create, assume or
otherwise enter into any agreement that imposes rights or obligations
on the part of us.
23.2 This Agreement is personal to the Parties. A Party must not
assign or deal with the whole or any part of its rights or
obligations under this Agreement without the prior written consent of
the other Party (such consent not to be unreasonably withheld). Any
purported dealing in breach of this clause is of no effect.
23.3 Any failure or delay by a Party in exercising a power or
right (either wholly or partially) in relation to this Agreement does
not operate as a waiver or prevent that Party from exercising that
power or right or any other power or right. A Party is not liable to
any other Party for any loss, cost or expense that may have been
caused or contributed to by the failure, delay, waiver or exercise of
a power or right.
23.4 Except as expressly stated to the contrary in this Agreement,
the powers, rights and/or remedies of a Party under this Agreement
are cumulative and are in addition to any other powers, rights and
remedies of that Party. Nothing in this Agreement merges,
extinguishes, postpones, lessens or otherwise prejudicially affects
any power, right, or remedy that a Party may have at any time against
the other Party to this Agreement or any other person.
23.5 Where this Agreement provides that a Party may conditionally
or unconditionally give or withhold any consent or approval in
relation to any matter in this Agreement, that Party may in its
absolute discretion, and without being obliged to give reasons for
doing so, withhold any consent or approval or give consent or
approval conditionally or unconditionally.
23.6 You may accept this Agreement by acceptance in electronic
form on the Website. You hereby agree to waive any rights to
challenge the validity or enforceability of this Agreement into on
the Website on the grounds that it was made in electronic form
instead of by paper and/or signed or sealed.
23.7 The date of this Agreement is the date that it is accepted by
the Boater.
23.8 This Agreement contains the entire understanding between
the Parties; all previous oral and written communications,
representations, warranties or commitments are superseded by this
Agreement and do not affect the interpretation or meaning of this
Agreement and each of the Parties has relied entirely on its own
enquiries before entering into this Agreement.
This Agreement is governed by the laws of New South Wales.
Each party irrevocably and unconditionally submits to the
non exclusive jurisdiction of the courts of New South Wales.
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24 Definitions in this Agreement
Boater means the entity that has accepted the CrewWithMe Boater
Terms and Conditions in relation to the inclusion on the Website of
listing content, including uploading information onto the Website
about the Boater.
Boater Application means the owner / crew profile on the
Website.
Boat Crew is defined as a person who seeks to crew on a boat,
for an event, as they describe on the Website, for recreational
purposes.
Boat Owner is defined as an individual or entity who owns, or
has the authority to use, the boat or boats which they describe on
the Website, for an event, for recreational purposes.
Content means all material uploaded by a Boater.
GST has the meaning as defined A New Tax System (Goods
and Services Tax) Act 1999. Except where noted, all prices quoted
are exclusive of GST.
Intellectual Property means all present and future rights to
intellectual property including inventions and improvements,
trademarks (whether registered or common law trade marks), patents,
designs, copyright, any corresponding property rights under the laws
of any jurisdiction and any rights in respect of an invention,
discovery, trade secret, secret process, know-how, concept, idea,
information, process, data or formula.
Matching Fee means the matching fee set out in the Agreement
and on the CrewWithMe website, payable by Boat Crew, to CrewWithMe,
to accept an Event.
Website means www.crewwith.me
Thank you for reading the CrewWithMe Terms and Conditions.
© 2013 Sciox Technologies (Australia) Pty Ltd, trading as
CrewWithMe
