T&C's | Crew Buddy

Using Crew Buddy

By accessing the Crew Buddy Service through our Website or any other interface that we provide to you including via our mobile phone applications, immediately and from your very first access of the Crew Buddy Service you unconditionally and irrevocably agree to be bound by the Terms and Conditions of the Crew Buddy Service (“Terms”), all applicable laws and/or regulations and you agree that you are responsible for this compliance.

We may, from time to time, also have other terms that will be presented to you when you are using the Crew Buddy Service (such as but not limited to age restrictions to the extent permissible by law); and when this occurs, those terms will form part of our Terms.

Definitions

Throughout this document, the following terms have the following meaning:

“Content” means anything that promotes and/or provides information about a product, service, event, business company, person, idea, concept, job vacancy, contest, including but not limited to announcements, notices, text, pictures, graphics, online directory listings, audios broadcasts, movies, and other forms of representation of media containing such promotion, information or news.

“Crew Buddy” means the business name used by Adam Mitchell Wood, sole trader (ABN 18 166 357 231), and the terms ‘our’, ‘we’ and ‘us’ are used throughout this document refers to Crew Buddy and the ‘Crew Buddy Service’ it provides;  

“Our Website” or “Site” means the website www.crewbuddy.net.

“Person” or “User” includes without limitation, individuals, a sole trader, a partnership, joint venture, unincorporated association, corporation and a government or statutory body or authority who has access to the Crew Buddy Service either as a guest or through an account and the terms ‘you’, ‘your’ are used throughout this document refer to the ‘user’ or ‘person’

“Crew Buddy Service” or “Service” refers to the service being provided by Crew Buddy through various methods which include Our Websites, our mobile applications, and any other lawful and unlawful access of the Crew Buddy Services through any interface we may develop.

User Obligations

All Users of the Crew Buddy Service irrecoverably and unconditionally agree that they will not engage in any act or omission, that directly and/or indirectly, constitutes or may directly and/or indirectly constitute:

a) a breach of any applicable laws and/or regulations;

b) bullying, harassment and/or intimidation of another user;  

c) posting Content that is hateful, threatening, pornographic, incites violence, or contains graphic and/or gratuitous violence;  

d) unauthorised commercial communications, such as, but not limited to, spam;  

e) impersonation of any person and/or organisation and/or falsely stating an affiliation with a person and/or organisation;  

f) posting any information and/or data or accessing The Crew Buddy Service using automated methods (such as, but not limited to, harvesting bots, robots, spiders, or scrapers) without our written permission;  

g) using the Crew Buddy Service in a manner contrary to the use we have authorised such as, but not limited to, interfering with the Crew Buddy Services;  

h) soliciting login information and/or accessing an account belonging to someone else;  

i) accessing the Crew Buddy Service through a method other than the interface and the instructions that we have provided.  

Further, all users agree that they will not engage in any of the following malicious or conduct:

j) any actions that could disable, overburden, or impair the proper working of Crew Buddy, such as a denial of service attack;

k) the uploading of viruses and/or other malicious codefacilitating, promoting and/or encouraging any violations of our Terms.

We reserve the right to suspend or stop providing the Crew Buddy Service to you at any time at our sole discretion if we deem in our absolute discretion that you have not complied with our Terms or policies, if we suspect you of misconduct and/or are investigating you for any suspected misconduct.

Registration and Account Security

All users agree to and will submit to and abide the following obligations when they register and maintain an account with the Crew Buddy Service:

a) Users will only create an account for themselves, unless, to the extent permissible by law, they have the express written permission and authorisation to create an account on behalf of another person;  

b) If an account is disabled, you will not create another account without our express written permission;  

c) You will not use Crew Buddy if you are under 15 years of age.  

d) You will not join Crew Buddy or provide your personal information if you are under 15 years of age and do not have the permission of your guardian/s or parent/s.  

e) You will take reasonable measures to protect the security of your account, this includes not disclosing your password, not allowing another person to access your account, and/or taking any other actions that may directly and/or indirectly jeopardise the security of your account.  

f) You will not transfer your account (including any page and/or application you administer) to anyone without first requesting and obtaining our written permission.  

g) We reserve the right to remove or reclaim any Username you create if we deem, in our sole discretion, that it is inappropriate and we may invite you to create a different username.  

If you become aware of any unauthorised or potential unauthorised use of your password and/or account, please contact us at crewbuddyinfo@yahoo.com. Whilst we exercise reasonable endeavours to protect the security of your account, we do not accept any liability for any loss and/or damage from the unauthorised access of your account by a third party.

In connection with your use of the Crew Buddy Services, we may, from time to time, send you service announcements, administrative messages and other information. You may opt out of some of those communications by emailing crewbuddyinfo@yahoo.com.

User Content: Information and Opinions

All Contents that you post on Crew Buddy are publicly displayed. If you own any intellectual property rights in your Content, you will continue to retain ownership of those rights, subject to the licence terms with Crew Buddy.

Deleting Content

The procedure for deleting any Content that you submit to Crew Buddy is as follows: you send an email to crewbuddyinfo@yahoo.com specifying exactly which Content that you wish to be deleted.

Please note that Content that is deleted from the Crew Buddy Service may remain in back-up storage for some period of time. Such Content may also be anonymised and aggregated and used for various purposes such as, but not limited to, research and analysis.

Your Warranties

In relation to any User Content posted by you, you agree and warrant that:

a) the Content is not confidential or owned by any other person;  

b) the receipt, use, storage, reproduction, modification, adaptation or publication of your Content by Crew Buddy is not:  

illegal and/or defamatory; and/or  
misleading and/or deceptive and/or likely to mislead and/or deceive;

and will not expose the Crew Buddy to any civil or criminal liability in this regard;

c) by posting any User Content to the Site, Users agree to indemnify Crew Buddy (including, but not limited to, their employees and officers) from any loss suffered by them as a result of any lawful use of or reliance on such User Content.

d) Crew Buddy has no responsibility and/or liability for the deletion and/or failure to store any User Content, communications or other Content maintained or transmitted on the Site;  

e) Crew Buddy has the right to log off accounts that are inactive for an extended period of time (as determined by Crew Buddy in their sole discretion) and you agree to indemnify Crew Buddy for any breach of the above warranties.  

User breach of the Terms

If you violate the letter or spirit of these Terms, or otherwise create risk and/or possible legal exposure for us, we reserve our right to suspend the delivery of the Crew Buddy Services in all or part of Crew Buddy to you. We will notify you by email or at the next time you attempt to access your account. We may also delete your account. In all such cases, our agreement will come to an end.

Should we disregard or ignore any breach by you of our terms or fail or delay in strictly enforcing our rights under these Terms, such action does not constitute a waiver of our rights and we reserve our rights in this regard.

Our Content and Intellectual Property

All Content on the Crew Buddy Service that we create or produce is subject to copyright under the Copyright Act 1968 (Cth) and is solely owned by Crew Buddy and its affiliate businesses and/or companies. This Content includes, but is not limited to, our text, information, graphics and videos.

An exception applies for personal use as you may copy, display, download, print and reproduce this material in unaltered form for your own personal or educational purposes.

Any use of any material on the Crew Buddy Service for your commercial purposes is expressly unauthorised and prohibited. This restriction does not extend to copyright in the materials on the Crew Buddy Service that are owned by others but accessible on the Crew Buddy Service by way of hyperlink or reference or other means.

Apart from any use permitted under the Copyright Act 1968 (Cth), no part of any material on the Crew Buddy service may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form or by any process, nor may any other exclusive right be exercised, without the specific written permission of Crew Buddy. To obtain such permission please contact crewbuddyinfo@yahoo.com. Nothing that you do on the Crew Buddy Service will transfer or assign to you any of the copyright in our Content on the Crew Buddy Service.

Any branding, trademarks, service marks and/or logos used on the Crew Buddy Service unless expressly stated otherwise, are owned by Crew Buddy and its affiliate companies and we reserve our right to register and protect such trade mark in various jurisdictions (unless already done so).

Third Party rights, information and Content

Crew Buddy has a policy of respecting the rights of other people and we expect our users to abide by this policy. Users accept and agree that they will not infringe upon third party rights by:

a) posting Content and/or taking any action on the Crew Buddy Service that infringes and/or violates someone else's rights or otherwise violates the law.  

b) using Content on the Crew Buddy Service that belongs to another party unless you obtain permission from its owner or are otherwise permitted by law.  

The Crew Buddy Service may display Content that it does not own, and where this is the case this Content is the sole responsibility of the entity that makes it available.

Intellectual property of third parties

Branding, trademarks, service marks and logos used in the Crew Buddy Services may belong to third parties. These Terms do not grant you the right to use them. Using the Crew Buddy Services does not give you ownership of any intellectual property rights in the Crew Buddy Services or the Content that you access that belongs to third parties.

If you think that a user on Crew Buddy is violating your copyright and want to notify us, please send an email to us at crewbuddyinfo@yahoo.com.

Our rights when we provide the Crew Buddy Service

We are constantly changing and improving the Crew Buddy Services. We may add and/or remove functionalities and/or features and we may suspend and/or stop a service altogether.

We reserve the right to:

a) interrupt and/or suspend the Crew Buddy service when we deem necessary. Where this occurs, we will use our best endeavours to restore the Crew Buddy Service as soon as reasonably practical;  

b) Make changes to certain technical specifications and/or product features at our discretion.  

Crew Buddy gives you a personal, worldwide, premium, non-assignable and non- exclusive license to use the platform and software provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Crew Buddy Services in the manner permitted by these Terms. You may not use Crew Buddy for any commercial purposes unless you have our prior written permission. You may not copy, modify, distribute, sell or lease any part of the Crew Buddy Services or included platform or software, nor may you reverse engineer or attempt to extract the source code of that platform or software, unless laws prohibit those restrictions or you have our prior written permission.

Our right to monitor and delete Content

The Crew Buddy Service contains material uploaded, posted, e-mailed or otherwise electronically transmitted or posted by you as a User of the Site and this User Content. Crew Buddy may not always monitor or exercise editorial control over User Content; however, the Crew Buddy reserves the right:

a) to access or examine any User Content; and  

b) at their absolute discretion, to move, remove, permanently delete or disable access to User Content which is in breach of any law or considered by Crew Buddy to be otherwise unacceptable.  

Our obligations

Crew Buddy will abide by its obligations under law, which may include legislation relating to privacy, access to information and any other legal obligations regarding information. Where applicable, we will respond to legitimate requests by authorities or court orders to disclose information.

In circumstances where we deem a User has engaged in conduct that constitutes abuse, harassment or any other unlawful activity we may also notify the police or relevant law enforcement agency.

Crew Buddy generally cannot and does not monitor Content of our users’ Content or communications and therefore Crew Buddy cannot and does not guarantee that the Crew Buddy Service is free of illegal material or other Content that may be considered unacceptable. When it comes to our notice, we may review Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Content that we reasonably believe violates our policies or the law.

Our commitments to Users of the Crew Buddy Service

We will use our reasonable endeavours to provide the Crew Buddy service with a commercially reasonably level of skill, effort and care and we hope that you will enjoy using the Crew Buddy service.

However, there are certain elements of our service that we do not provide any warranties and/or guarantees which are addressed in our disclaimers below.

We provide the Crew Buddy Services “as is”. Other than as expressly set out in these Terms, neither Crew Buddy nor its suppliers or distributors makes any specific warranties and/or guarantees about the Crew Buddy Services. In particular, we do not make any promises about the Content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs.

We recognise that in some countries, you might have legal rights as a consumer. If, to the extent permissible by law, you are using the services for a personal purpose, then nothing in these Terms limits any consumers’ legal rights which may not be waived by contract.

Updating the Crew Buddy Service

Users acknowledge that Crew Buddy may, in their absolute discretion and without penalty or notice:

a) vary the Site or any part of the Site;  

b) vary, update, amend, add and/or delete any Content regarding our terms;  

c) modify and/or discontinue this Site, any part of the Site and the services available on it.  

Crew Buddy reserves the right to update, amend, add and/or delete any Content regarding any terms and conditions on the Crew Buddy Service at any time. We may make any changes to take into account changes in the Crew Buddy Services, the law or to deal with any perceived deficiencies in our Terms. Where we update our terms, we do not have any obligation to inform, notify and/or advertise Users of such changes. However, as a matter of best practice we may (but are not obliged to) give you notice by posting the change on the Crew Buddy Service or contacting you by email. Where we consider a change may cause you a material disadvantage, we may (but are not obliged to) exercise reasonable endeavours to provide you with reasonable notice.

Users are deemed to have accepted all such revisions by accessing any part of the Site or continuing to access it after that revision is posted on the Site. Any changes to our Terms are deemed to be effective immediately after posting.

If you do not agree to any changes, you should discontinue your use of the Crew Buddy Services. Refer to Ending the Service below for more information about how to delete your account.

Ending the Service

You can terminate the use of the Crew Buddy Services at any time, although we will be disappointed by your departure.

If you wish to stop using the Services, you may tell us to delete your account by sending an email to this address crewbuddyinfo@yahoo.com.

In addition to our other rights, we may also stop providing the Crew Buddy Services to you or add or create new limits to the Crew Buddy Services by giving you seven (7) days' written notice. If we deem that you have breached any of our Terms, and we consider, in our absolute discretion, such a breach to be significant, we may terminate the Crew Buddy Service to you immediately.

We believe that you own your data, and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we may (but are not obliged to) give you reasonable notice and a chance to remove information from that Service.

Matters beyond our reasonable control

There may be instances where we may not be able to perform certain or all obligations that we have agreed to in these Terms because of something beyond our reasonable control, which may include but is not limited to, events such as: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware difficulties, software difficulties or other acts, events or omissions that affect our capacity to perform certain or all obligations that we have agreed to in these Terms. There may be other reasons too, not expressly set out here. In these cases, you irrevocably and unconditionally agree that we do not accept responsibility or liability for not providing you with the Crew Buddy Services or for breaching our obligations.

Our Disclaimers

Access to the Crew Buddy Service

Crew Buddy makes no warranty or guarantee in respect of the Crew Buddy Service, including that it will be virus free or that access to the Crew Buddy Service will be uninterrupted.

Material generated by Crew Buddy

The Crew Buddy Service may contain information, data, documents, pages and images (“the material”) prepared by Crew Buddy or generated by Users. Crew Buddy has exercised its reasonable efforts with respect to material it has prepared, including with respect to the compiling of the information on the Crew Buddy Service, in the hope that the information is correct, current and complete but takes no responsibility whatsoever, directly and/or indirectly, for any act, error, omission and/or defect therein. Furthermore, Crew Buddy makes no warranties whatsoever, directly and/or indirectly, as to the accuracy, completeness, reliability, availability, timeliness or fitness for purpose of any of the information provided on the Crew Buddy Service that it has prepared.

Material generated by Users

The information on the Crew Buddy Service may also contain material submitted by other parties which may constitute a review, endorsement or approval. Crew Buddy does not warrant that any such information is approved, supported or endorsed by Crew Buddy and such information is not necessarily a reflection of any policies, procedures, standards or guidelines of Crew Buddy.

In particular Crew Buddy does not warrant or express that it shares any of the views, opinions, thoughts, beliefs or otherwise which have been posted by its users. Crew Buddy expressly disclaims that none of the Content on the Crew Buddy Service, under any circumstances, is intended to be, and does not, in any way constitute any professional, financial, legal, career, medical or other advice. The material and/or wording on the Crew Buddy Service must not, in any way, be relied on as professional, financial, legal, career, medical or other advice.

The Crew Buddy Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Crew Buddy. We do not endorse or assume any responsibility for any such third- party sites, information, materials, products, or services. If you access any third party website, service, or Content from our website, you do so at your own risk and you agree that Crew Buddy will have no liability arising from your use of or access to any third-party website, service, or Content.

Warranties

Use of the Site is at the User’s own risk. To the extent permissible by law, Crew Buddy does not make any, and excludes all express or implied warranties, representations, statements, terms and conditions relating to your use of the Crew Buddy Service or any information and/or Content available on or from the Site.

To the extent permitted by law, the total liability of Crew Buddy and its suppliers and distributors for any claims under these Terms, including for any implied warranties, is limited to the amount that you paid us to use the Crew Buddy Service.

To the extent permitted by law, Crew Buddy and its employees, agents and consultants exclude all liability for any loss or damage (including but not limited to indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information on the Crew Buddy Service, whether or not caused by any negligent act and/or omission. If any law prohibits the exclusion of such liability, Crew Buddy limits its liability to the extent permitted by law, to the resupply of the Information.

Entire Agreement

These Terms make up the entire agreement between the parties regarding the Crew Buddy Service, and supersedes any prior agreements.

Applicable Law /Jurisdiction

The Crew Buddy Service (excluding any linked third party sites or services) is owned and controlled by Crew Buddy from its offices in New South Wales. The Crew Buddy Service and its website is hosted on a server and is governed by the laws in the State of New South Wales, Australia. By accessing the Crew Buddy Service, you accept that any disputes about the Crew Buddy Service or its Contents are to be determined by the courts having jurisdiction in New South Wales in accordance with the laws in force in New South Wales (except any principle of conflict of laws inconsistent with this requirement). The Crew Buddy Service may be accessed throughout Australia and overseas. Crew Buddy makes no representation that the Crew Buddy Service complies with laws (including intellectual property laws) of any country outside Australia. If you are accessing the Crew Buddy Service outside of Australia, you do so accepting that you are responsible for ensuring compliance with all laws and regulations in the place where you are located and that you are responsible for any breaches of law that occur. The terms of this document apply notwithstanding any other material, terms or conditions elsewhere on the Crew Buddy Service.

You accept that this agreement for the Crew Buddy Services is personal to you and you agree not to transfer it to anyone else, or to try to do so. However, we may take instructions from a person whom we, in our absolute discretion, think, with good reason, is acting with your permission. We can transfer this agreement for the Crew Buddy Services to another company or entity provided this does not adversely affect your rights under the agreement.

After these Terms come to an end, the provisions of this agreement, which by their nature extend beyond the termination, will survive termination of the agreement or termination of your use or access to all or any portion of our site.

No third party is entitled to enforce any term under this agreement under any applicable source of contract law.

Severability

Nothing in these Terms excludes, restricts and/or modifies any guarantee, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include statutory consumer guarantees implied by statute which operate to protect the purchasers of goods and services in various circumstances. To the extent that any clause or provision of these terms and conditions is adjudged by a court of law to be invalid, the remaining terms and conditions shall remain in full force and effect.

Limitation of Liability

To the maximum extent permitted by law, you agree to indemnify us and protect us from any loss or damage suffered by you from any use by you of the Crew Buddy Service, to include loss or corruption of personal information or data.

We are not in any way responsible to you or any person for any loss suffered in connection with the use of the Crew Buddy Service or any of the Content of the Crew Buddy Service for personal, business or other use. Crew Buddy shall not be liable for any damages including but not limited to incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from:

a) the User’s access to or use of or inability to access or use the Crew Buddy Service;  

b) any conduct or Content of any third party linked to the Crew Buddy Service including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or  

c) unauthorised access, use or alteration of your transmissions or Content.  

Should any liability arise, in no event shall Crew Buddy aggregate liability for all claims relating to use of the Crew Buddy Service exceeding one ten Australian Dollars (AUD $10.00).’

If any guarantee is implied by statute and cannot be excluded, and Crew Buddy is able to limit your remedy for a breach of such a guarantee, then, to the extent permissible by law, the liability of Crew Buddy for breach of the condition or warranty is limited to one or more of the following at the Crew Buddy’ option:

a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or  

b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.  

subject of course to the Crew Buddy obligations under the implied guarantees referred to in the paragraph above subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis.

Feedback

If you have a problem or complaint about Crew Buddy or its users, you may contact us by emailing crewbuddyinfo@yahoo.com.

When we need to contact you for important or administrative issues, we will use your email address. If Users have any queries, suggestions or comments or believe any Content on the Crew Buddy Service is incorrect they can be directed privately to the administrator at crewbuddyinfo@yahoo.com.