Terms and Conditions

1.PURPOSE OF THE YACHTMEMOBILE DEVICE APPLICATION AND WEBSITE

  • I. The YachtMe Mobile Device Application (“MDA”) and website comprise two components. It is an electronic platform designed to facilitate recruitment of staff within the boating and yachting industry. In addition, it is designed to facilitate the communication of members of the YachtMe communication platform within the boating and yachting industry. YachtMe is not a recruitment agency.

2.CATEGORY OF MEMBERS

  • II. There are three categories of members. The first category is made up of crewmen who are intent on offering their services to the yachting and boating industry. These members are required and undertake to upload, inter alia, their personal details, qualifications and work experience to enable potential yacht captain members or recruitment agency members to offer crewmen members opportunities to work on yachts. The information uploaded by crewmen members shall form part of their profile, which is created by them. This information is not verified by YachtMe and therefore other members are warned that any information obtained from any member’s profiles are for them to satisfy themselves as to the authenticity and correctness thereof.
  • III. The second and third categories of members comprise yacht Captains or recruitment agencies.The second and third categories of members are required to upload information that would be relevant for potential crew members to consider applying for positions as and when these positions may become available. The same warnings as are considered in the preceding paragraph are repeated herein insofar as it may be applicable.
  • IV. Member shall mean any person or recruitment agency who is or was a subscriber to YachtMe at any time which shall include the 30 day free Trial Period.
  • V. Subscriber shall mean any person or Recruitment Agency who registers as a member of Yachtme irrespective of duration.
  • VI. Associated Agreement shall mean all Agreements that are accepted.

3.RECRUITMENT COMPONENT

  • I. The purpose of this component of the website and MDA is to facilitate members of YachtMe to offer their services to the international boating and yachting industry who are members of YachtMe.
  • II. Recruitment agencies who are members can access the information of all members who advertise their services on YachtMe and may from time to time arrange for placement on vessels that are in need of crewmen. Any arrangements made between a member for recruitment or otherwise shall be binding upon members as THEY deem fit and YachtMe shall have no dealings with whatever arrangements are reached and agreed to between members. Information uploaded by members of YachtMe is provided by such members. YachtMe does not offer any warranties in respect of the information provided by members and it is the duty of members who wish to communicate with each other using the YachtMe communication platform to ensure and satisfy themselves that the information uploaded or received is true and correct.
  • III. Captains of vessels from around the world who are members of YachtMe also have access to the advertisements placed by members from around the world seeking employment as cabin crew.
  • IV. The YachtMe platform also allows for recruitment agencies members and Captains of vessels who are members to advertise and post job listings from time to time when either is in need of cabin crew.

4.SOCIAL NETWORKING

  • I. The Social Networking component is designed to facilitate contact between crew members who wish to establish new contacts internationally or locally or who wish to keep in contact with other crew members as and when they wish to communicate.
  • II. YachtMe will at all material times hereto use its best endeavours to provide an uninterrupted service to provide members with other member’s profiles subject to its privacy policy which members of YachtMe are obliged to accept during the MDA or website process to become a member.
  • III. Upon making MDA or website to become a member of YachtMe, the applicant member (whether for the trial period or not) accepts all the terms and conditions of membership as well as all other conditions associated with the terms and conditions agreement including but not limited to the Warranties and Disclaimers Agreement, Privacy Policy Agreement and the End User License Agreement (“EULA”).
  • IV. YachtMe reserves the right to amend these Agreements from time to time at its sole discretion and it is up to the members to regularly check on the YachtMe website for any amendments effected thereto.

INFRINGEMENT AND ACKNOWLEDGEMENT

  • I. You and YachtMe acknowledge and agree that in the event of a third party claim that the MDA or website and website or your possession or use of the MDA or website and website infringed any third party’s intellectual property rights, you (and not YachtMe) shall be responsible for the investigation, defence, settlement and discharge of any such claim of intellectual property infringement. You will however promptly notify YachtMe in writing of such a claim.

TERMINATION

  • I. YachtMe may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this License or any associated agreement connected hereto, then this License and any rights afforded to you shall terminate automatically, without any notice or other action by YachtMe. Upon termination of this License, you shall cease all use of this MDA or website and associated website and uninstall the MDA or website from your electronic device/s.

DISCLAIMER OF WARRANTIES

  • I. YOU ACKNOWLEDGE AND AGREE THAT THE MDA OR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF OR RELIANCE UPON THE MDA OR WEBSITE, THE INFORMATION CONTAINED OR UPLOADED TO THE MDA OR WEBSITE (AND WEBSITE) AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. YACHTME AND ITS AFFILIATES, PARTNERS, SUPPLIERS, DEVELOPERS, DIRECTORS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE MDA AND WEBSITE AND THIRD PARTY SERVICES WHETHER EXPRESS OR IMPLIED OR STATUTORY AND INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE YACHTME AND ITS AFFILIATES, PARTNERS, DEVELOPERS, DIRECTORS AND LICENSORS MAKE NO WARRANTY THAT (1) THE MDA AND WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE MDA AND WEBSITE OR THIRD PARTY CONTENT AND SERVICES WILL BE ACCURATE, RELIABLE TIMELY, SECURE OR ERROR-FREE;(3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE MDA OR WEBSITE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (4) ANY ERRORS IN THE MDA AND WEBSITE OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED.
  • II. IT IS ACKNOWLEDGED AND AGREED BY ALL MEMBERS OF YACHTME THAT THE INFORMATION PROVIDED TO USERS ON THE MDA OR WEBSITE AND THE WEBSITE ARE NOT CHECKED OR VERIFIED BY YACHTME, ITS AFFILIATES, DEVELOPERS, DIRECTORS OR LICENSORS AS BEING TRUE AND CORRECT AT ANY GIVEN TIME. YACHTME IS PURELY AN ELECTRONIC PLATFORM WHICH PROVIDES MEMBERS WITH AN INTERFACE TO UPLOAD OR OBTAIN INFORMATION ABOUT OTHER MEMBERS (WHICH IS CONSENSUAL BETWEEN MEMBERS) TO ENABLE SUCH MEMBERS TO COMMUNICATE WITH EACH OTHER. IF A MEMBER CREATES A PROFILE THAT CONTAINS INCORRECT INFORMATION ABOUT THEMSELVES OR THEIR REPRESENTATIVE COMPANY OR AGENCY AS THE CASE MAY BE, YACHTME WILL NOT AND CANNOT BE HELD RESPONSIBLE FOR SUCH INACCURACIES PERTAINING TO FALSE OR INACCURATE INFORMATION UPLOADED BY MEMBERS.

LIMITATIONS OF LIABILITY

  • I. UNDER NO CIRCUMSTANCES SHALL YACHTME OR ITS AFFILIATES, PARTNERS, SUPPLIERS, LICENSORS, THIRD PARTY ADVERTISERS OR DIRECTORS BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE MDA OR WEBSITE (AND WEBSITE) AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT YACHTME OR ITS AFFILIATES, DEVELOPERS, PARTNERS, DIRECTORS OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YACHTME’S AGGREGATE LIABILITY TO YOU, THE MEMBER (WHETHER UNDER CONTRACT, DELICT, STATUE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF $30.00 (THIRTY US DOLLARS). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  • II. YACHTME RESERVES THE RIGHT TO AMEND THIS AGREEMENT AND IT IS THE DUTY OF THE MEMBER TO BROWSE THE YACHTME WEBSITE FROM TIME TO TIME FOR UPDATES OR AMENDMENT TO THIS AGREEMENT AND ALL OTHER ASSOCIATED AGREEMENTS HERETO.
  • I. YachtMe’s platform may contain links to third party website or services that are not owned, maintained or controlled by YachtMe, its affiliates, partners, developers, directors or licensors.
  • II. YachtMe has no control over these third party websites and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. Members acknowledge and agree that YachtMe shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services. It is therefore strongly recommended that all members read and understand the terms and conditions and privacy policies of third party websites or services that are visited and which may appear from time to time as a link or Plugin on the YachtMe website or MDA.

JURISDICTION AND GOVERNING LAW

  • I. These terms and conditions shall be interpreted and governed in accordance with the laws of Hong Kong.
  • II. YachtMe’s failure to enforce any right or provision contained in any one of these terms and conditions as well as any right afforded to YachtMe from any of the associated agreement hereto will not be considered a waiver of those rights. If any provisions of these Terms and Conditions is held to be invalid for any reason whatsoever or held to be unenforceable by a Court of law of Hong Kong, the remaining provisions of these terms and conditions or the remaining provisions derived from the associate agreements hereto will remain in effect. The terms and conditions and undertakings recorded in the associated agreements hereto shall be binding between YachtMe and You, the member, and no deviation shall be accepted unless reduced to writing and accepted by both parties.

AMENDMENTS

  • I. YachtMe reserves the right to amend or replace its terms and conditions from time to time at its sole discretion. If the amendment to be effected is a material amendment, YachtMe agrees to notify its members at least 30 days prior to giving effect to such proposed amendment. What determines a material amendment shall be determined at YachtMe’s sole discretion. By continuing to use the YachtMe website or MDA, you the member agree to be bound by those amended terms and conditions.

COSTING AND DURATION OF MEMBERSHIP

  • I. If you purchase either form of membership, the following personal information is collected during the payment process:
  • II.a Your first and last name;
  • III.b Your bank account details or credit card information, which are collected by our trusted third party services provider; and
  • IV.c Your home address.
  • V. Your payment data is processed by our payment service provider, namely: Stripe. To facilitate payment, processing your payment information is stored and made available to our service provider when making further orders of membership. Should you wish to renew your membership, you are required to select the requisite option to update your membership either monthly or annually as the case may be. YachtMe shall not be held liable for a member’s or intended member’s bank account details being divulged to or obtained by any third party. For a complete explanation as to how your bank account information or credit card details will be managed, you are referred to our trusted third party service provider for further information. The details of such third party service provider are: [add link to the relevant page of Third Parties website](Terms/Conditions/Disclaimers).
  • VI. Members may choose to terminate their membership at any time.
  • VII. The date of termination of membership shall be the date upon which YachtMe receives, processes and accepts the member’s termination request which in some cases may take up to two days depending on whether the request for termination is made on a Saturday, Sunday or Public Holiday for the area where YachtMe’s offices are located, which are presently situated at, No. 5 17/F Bonham Trade Centre, 50 Bonham Strand, Sheung wan, Hong Kong. YachtMe reserves the right to increase membership fees from time to time. Annual members shall not be affected by any change in membership fees until after the anniversary date of their respective registration of annual membership.
  • VIII. Membership shall automatically terminate or be suspended at the sole and absolute discretion of YachtMe in the event that membership fees are not paid as they fall due.

Logging into YachtMe

  • I. Members will be required to log in using their chosen user name and password.

Age Limitation

  • I. Membership is strictly prohibited to persons under the age of 18 years old. By registering as a member, you warrant that you are over 18 years of age.

Acceptance

  • I. By clicking on Accept and/or by downloading the mobile application to your electronic device, you Agree to all the aforesaid provisions.