CREWPASS PARTICIPATION AGREEMENT FOR EMPLOYMENT AGENCIES
This CrewPass Participation Agreement for Employment Agencies (the Agreement) covers the use of the CrewPass solution which is downloadable from this website once an agency has registered and agreed to the terms of usage contained in this Agreement (Agency Participant, you, your).
CrewPass Limited (CPL) is a provider of solutions, including technology solutions and services to yachting maritime vessels. CPL has designed the proprietary CrewPass solution (CrewPass) and associated CrewPass App, which transforms crew management and vessel operations and offers an online platform for crew members participation on Vessels.
The CrewPass solution can enable the Agency Participant and Vessel management to perform the following operations: access crew members' profiles from a digital database containing all the information a Vessel needs about prospective and existing Crew Members, including access to advanced global background and ID checks for current and prospective crew members as well as additional relevant qualification, experience and health related information.
Before you complete your registration
We ask you to carefully read this Agreement before completing your registration and enrolment and using CrewPass.
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 this Agreement: The CrewPass App Terms of Use (Agency); the CrewPass App Acceptable Use Policy; and the Privacy Policy.
BY COMPLETING THE CREWPASS REGISTRATION AND ENROLMENT FORM AND CHECKING THE "I AGREE TO THE CREWPASS PARTICIPATION AGREEMENT" BOX, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, INCLUDING THE CREWPASS APP TERMS OF USE (AGENCY), THE CREWPASS APP ACCEPTABLE USE POLICY AND PRIVACY POLICY.
About us
Company details. CrewPass Limited, 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 (CPL, we, us, our). We operate this website.
Contacting us. To contact us or to give us any formal notice under this Agreement, email us at info@crewpass.co.uk.
Complaints. If a problem arises or you are dissatisfied with CrewPass or the Services, please contact info@crewpass.co.uk in the first instance and we will assist you with resolving the problem.
Our Agreement with you
This Agreement applies to the order by you and supply of CrewPass by us to you. This Agreement applies to the exclusion of any other terms that you seek to impose or incorporate. The Agreement is the entire agreement between you and us in relation to the provision, license and use of CrewPass. This Agreement is made only in the English language.
Governing Law, Jurisdiction and Venue. This Agreement shall be governed by, and construed in accordance with, the laws of England and Wales. The Parties agree to submit all their disputes, controversies, differences or claims arising from, or relating to, this Agreement, to the exclusive jurisdiction of the courts of the City of London, United Kingdom. You should print off a copy of this Agreement or save it to your computer for future reference.
Key definitions
Crew Members means the personnel, including prospective personnel, employed by and providing services on a Vessel. CrewPass means the proprietary crew management and vessel operation solution offered by CPL. CrewPass Accreditation means the outcome of the background and criminal records checks undertaken by third-party screening agents and the resultant status updated on the Crew Members CrewPass account profile. CrewPass App or App means the dedicated mobile application for mobile devices connected with CrewPass. Permitted Purpose means the use of the CrewPass solution for Crew Member management and placing Crew Members with Vessels for employment purposes. Services means the services provided as part of CrewPass, including the CrewPass App. Vessel means a maritime vessel who has registered to use CrewPass.
This Agreement comprises the following Schedules which form an integral part of it: Schedule A – CrewPass App Terms of Use (Agency); Schedule B – Name and Logo; Schedule C – Agency Participant Customer Support; Schedule D – Controller to Controller Data Processing Agreement; Schedule E – CrewPass Website integration with Agency Participant.
Placing an order and term
Please follow the onscreen prompts to place your order. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point the Agreement between you and us will come into existence (Commencement Date / Effective Date). This Agreement shall remain in force until and unless earlier terminated as permitted in this Agreement (Term).
You may terminate this Agreement at any time by providing thirty (30) days written notice to us by sending your notice to info@crewpass.co.uk. We may terminate this Agreement with immediate effect in the event of non-payment or breach, or at any time for convenience upon providing ninety (90) days' written notice. Upon termination, the license granted hereunder shall cease immediately and all access to CrewPass shall be terminated.
License and Acceptable Use
Subject to the terms and conditions of this Agreement, we grant to you, the Agency Participant, solely for the Permitted Purpose during the Term, a worldwide, limited, non-exclusive, non-transferable license to access and use CrewPass and the CrewPass App, advertise and offer use of CrewPass to prospective Crew Members and Vessels within the Permitted Purpose, integrate CrewPass with your systems, and use the CrewPass name and logo as set forth in the Agreement.
The license and your use of the CrewPass App is conditional on you and your applicable representatives complying in full with the CrewPass App Acceptable Use Policy. We publish the Acceptable Use Policy on this website and retain the right to amend and update this policy from time to time.
Suspension, fees and support
We reserve the right to suspend CrewPass or your access in order to deal with technical problems, for operational or security reasons, where we have reason to believe you are in breach of this Agreement or any of our policies, or where we are obliged to comply with an order or request of any government or regulatory authority.
CrewPass is currently being offered free of charge for your usage as an employment or placement agency for Crew Members with Vessels. If any usage fee or charges apply, these shall be solely for your account. We will provide first level support through our normal customer support channels as set out in Schedule C – Agency Participant Customer Support.
If you become aware of any errors or issues in CrewPass, you must notify us as quickly as possible at info@crewpass.co.uk. We do not guarantee secure and reliable access to CrewPass at all times.
Uploading content
Whenever you make use of a feature that allows you to upload content to CrewPass, or to make contact with other users of CrewPass, including Crew Members and Vessel owners or managers, 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 complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. 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.
Personal data
Where Personal Data will be communicated by one Party to the other under this Agreement, each Party agrees to comply with applicable data privacy laws, to refrain from requesting Personal Data beyond what is necessary, to adopt appropriate security measures, and to co-operate in relation to Data Subject requests and Supervisory Authority communications.
We will process your Personal Data in accordance with our Privacy Policy. The Parties acknowledge that they act as independent controllers of the Personal Data and that their respective duties and obligations shall be as set out under the Controller-to-Controller Data Processing Agreement attached in Schedule D.
Warranties, liability and indemnification
Your attention is particularly drawn to the provisions of Section 20 (Warranties), Section 21 (Liabilities) and Section 22 (Indemnification). We warrant that we have the right to use and distribute CrewPass and to grant you the rights set out in this Agreement. We give no warranty that CrewPass or the information contained therein is complete or free from errors, or that operation or availability shall be uninterrupted. We disclaim all warranties to the maximum extent permitted by law. CrewPass is provided on an "as is" and "as available" basis.
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 the event we are held liable under this contract our maximum aggregate liability to you is 100 pounds sterling.
You agree to indemnify and hold harmless us, our affiliates and representatives from and against any action, claim, loss, damages, liabilities and costs that we may incur in relation to your use of CrewPass, including your breach of the Acceptable Use Policy or this Agreement.
You agree to maintain in full force and effect at all times during your participation in CrewPass all insurance coverage that a prudent, comparable going concern would procure.
Miscellaneous
You shall not conduct any text or data mining or web scraping in relation to CrewPass. You cannot make any press releases or other public disclosures or statements in respect of CrewPass without our prior knowledge and written consent. You may not assign or otherwise transfer this Agreement without our prior written consent. Any terms which by their nature extend beyond the Term shall survive termination, including Intellectual Property, Confidentiality, Disclaimer of Warranty, Limitation of Liability, Indemnification and Consequences of Termination.
Schedule A – CrewPass App Terms of Use (Agency)
By downloading and using the CrewPass App you agree to the App Terms of Use, which form part of this Agreement, together with the CrewPass Participation Agreement for Employment Agencies, the CrewPass Acceptable Use Policy and the Privacy Policy.
You agree to provide all required information to create your User account, to maintain and keep current the information associated with your account, to use the App responsibly and for the sole purposes intended by CrewPass, and not to impersonate any person or share your credentials. You are responsible for all activities occurring in your account. The App is intended to facilitate global background checks and ID verification, allow you to access Crew Member profiles and view background checks and ID verification, and to interact with Crew Members and Vessel owners or managers relating to the placement of a Crew Member.
We process your personal information in compliance with applicable data protection legislation. We only use any personal data we collect through your use of the App and CrewPass in the ways set out in our Privacy Policy. These Terms of Use are governed by the laws of England. For notices or inquiries, contact us at info@crewpass.co.uk.
Schedule B – Name and Logo
CrewPass® is a registered trade mark. The Agency Participant must obtain CPL's prior written consent in order to use the CrewPass name and logo in external materials in each instance, and shall not use any other name, logo or trademark in connection with the App.
Schedule C – Agency Participant Customer Support
Support is provided as set out in this Schedule. Severity 1 (Critical Outage) incidents are reported by email to customer service or by phone at +44 2381800917. Severity 2, 3 and 4 issues are reported by email. Response and resolution targets apply as set out in the full Schedule.
Please email customersupport@crewpass.co.uk unless critical, in which case please call the support contact number directly.
Schedule D – Controller to Controller Data Processing Agreement
The Parties acknowledge that each will act as a separate Data Controller in relation to the Personal Data which they Process. Each Party shall comply with their respective obligations under the Data Protection Laws. The DPA sets out the purposes of transfer, categories of data, security and confidentiality, data subject rights, Restricted Transfers, and audit and liability provisions. Any notice required under the DPA must be addressed to info@crewpass.co.uk.
Schedule E – CrewPass Website integration with Agency Participant
Where you have elected to have CrewPass integrated into your own website, the integration process, provisions, conditions and rules are contained in Schedule E to the full Agreement. For details please contact us at info@crewpass.co.uk.