Terms of Service

Effective date: January 2023

Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using the services provided by The Offshore Crew Limited (“we,” “us,” or “our”). These Terms govern your access to and use of our website and services. By accessing or using our website or services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with any part of these Terms, you may not use our website or services.

1. Acceptance of Terms
By accessing or using our website or services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms of Service. If you are using our website or services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms.

2. Description of Services
The Offshore Crew Limited provides media material and content through a platform that allows users to access upload, share, and interact with that material and content ("Services").

3. User Accounts
To our Services, you will need to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration process and to promptly update your account information as necessary. You are solely responsible for any and all actions taken using your account.

4. User Responsibilities
When using our platform or services, you agree to:
4.1. Comply with all applicable laws and regulations.
4.2. Respect the intellectual property rights of others and not upload, post, or share content that infringes upon or violates any third-party rights.
4.3. Not engage in any unlawful, harmful, or disruptive activities, including but not limited to hacking, spamming, or distributing malware.
4.4. Not impersonate any person or entity or falsely represent your affiliation with any person or entity.
4.5. Not collect or harvest personal information of other users without their consent.
4.6. Not interfere with or disrupt the operation of our platform or Services.
4.7. Use your own reasonable judgement, care and skill when attempting to undertake any activities shared in content by The Offshore Crew Limited or any website users.
4.8 Pay the applicable subscription fees as advised by us for our Services and access to our platform in the manner we require from time to time.

5. Intellectual Property Rights
All intellectual property rights in our website and services, including but not limited to trademarks, logos, copyrights, and proprietary information, are owned by or licensed to The Offshore Crew Limited. You acknowledge and agree that you do not acquire any ownership rights in any intellectual property through your use of our website or services.

6. Content Ownership and License
You retain ownership of any content that you upload, post, or share through our services. By uploading, posting, or sharing content, you grant The Offshore Crew Limited a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, distribute, and display your content for our business purposes and for the purposes of providing and improving our services.

7. Disclaimer of Warranties
You understand and agree that the use of our platform and Services is at your own risk. We do not warrant that our Services will be uninterrupted, error-free, or secure. The information and content provided on our platform and under the Services is for general informational purposes only and should not be relied upon for any specific purpose. Without limiting the generality of the preceding sentence, we note that you must carry out your own checks on weather forecasts relating to any region you are planning to travel to or through by boat and not visit those regions based on content shared by The Offshore Crew Limited and must take responsibility for identifying any Marine Parks or Reserves in any region you choose to visit as a result of information or content shared by The Offshore Crew Limited. To the maximum extent permitted by law, we will have no liability to you for any loss you may suffer in connection with any such travel you may take.

8. Limitation of Liability
The Services are provided strictly on an “as is, where is” and “as available” basis. To the maximum extent permitted by applicable law, The Offshore Crew Limited and its affiliates, directors, officers, employees, and agents shall not be liable for any loss or damage arising out of or in connection with your use of our platform or Services, even if we have been advised of the possibility of such damages.

9. Indemnification
You agree to indemnify, defend, and hold harmless The Offshore Crew Limited and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
9.1. Your use of our platform or Services;
9.2. Your violation of these Terms of Service or any applicable laws or regulations;
9.3. Your violation of any rights of any third party;
9.4. Any content you upload, post, or share through our platform or Services; or
9.5. Any activity or conduct occurring through your account.
9.6. Any activity you attempt to undertake as a result of content or information shared by The Offshore Crew Limited.

10. Termination
We may, in our sole discretion, suspend or terminate your access to our website or services, in whole or in part, at any time and for any reason, without prior notice or liability. Upon termination, your right to use our website and services will immediately cease, and any remaining provisions of these Terms shall survive.

11. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.

12. Changes to the Terms
We reserve the right to modify or update these Terms of Service at any time, without prior notice. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of our website or services after the posting of any modifications constitutes your acceptance of such changes.

13. Entire Agreement
These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and The Offshore Crew Limited concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral or written agreements, if any.

14. Contact Us
If you have any questions or concerns regarding these Terms of Service or our services, please contact us at:
[email protected]
Please allow up to 5 business days for us to respond to your inquiries.