Terms of Service

Welcome to the Find a Crew™ Terms of Service ('Terms').

The Services covered by this Agreement are provided to you by Nautycal Pty Ltd (referred to as “Nautycal”, or “we”, “us”, "our"), a privately owned proprietary limited registered company incorporated and based in Mooloolaba, Sunshine Coast, Queensland, Australia. These Terms are intended to meet requirements globally and apply to any of our websites, including, but not limited, to Find a Crew™ ('Website' – findacrew.net).

We are a global platform available for legitimate users around the world and we are not acting as an agent in any capacity for any visitor or member.

These Terms of Service govern your access to, and use of our services.

By accessing or using ours services, you agree to be bound by these Terms, our Privacy Policy and our Cookies Policy. If you do not agree to these Terms and Policies, please do not use any of our websites.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

NOTE  In these Terms, the words “including”, “include” and "such as" mean “including, but not limited to” and "such as but not limited to”.

To access and use our websites, services and features you must register and create an account ("your account"). During registration we will collect some personal information, such as your name, surname, date of birth and email address. If you would like more information about how we handle your data, please visit our Privacy Policy page.

What do you need to know when registering an account?

While we work to protect the security of your content and account, we can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.

• None of the personal information, messages and/or contact details shared on any of our websites will be indexed by search engines;

• You are solely responsible (meaning we’re not liable) for the activity that occurs on your account, including your interaction and communication with others. You must not use any of our services for fraudulent purposes, or in connection with a criminal offence, other unlawful activity, or to stalk, intimidate, threaten or otherwise harass any other member of our services;

• You agree to provide, maintain and update true, accurate, current and complete information about yourself;

• We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through, or in any way related to the website.

• Disclose any deficiencies, difficulties, restrictions or any particular requirement that may apply (such as a minimum age or abilities that might be required);

• Keep your posting information updated at all times;

• You are solely responsible (meaning we’re not liable) for establishing the conditions for your posting. Please note that any terms and conditions included in your posting shall not conflict with these Terms.

If you are creating an account for commercial purposes, you are accepting these Terms of Service on behalf of a company, a business, an organisation or other legal entity you represent.

You warrant that you are authorised to do so, and have the authority to bind such entity to these Terms, in which case, the words “you” and “your” as used throughout these Terms apply to both you and the business.

In short, what is yours, stays yours.

We allow you to upload, store, send and receive content on our websites, and you retain ownership of any intellectual property rights that you hold in that content. We can edit or remove your content from our Websites at any time for any reason.

Following termination or deactivation of your account, or if you remove any content from your account, we may keep it for a reasonable period of time for backup, archival, or other purposes.

Posting Content:

You warrant that you will not post, upload, publish, submit or transmit any content that may be fraudulent, false, misleading (directly or by omission or failure to update information), defamatory, offensive, illegal or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).

We accept no responsibility for statements, representations or other content provided by any users of our websites and we reserve the right to disclose any content as necessary to satisfy any applicable law, regulation or lawful request.

Any feedback, comments or suggestions you send us will be considered non-confidential and will not be considered as your property. By submitting feedback, you give us a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable and perpetual license to use and publish those ideas and materials for any purpose without paying you for it.

If we are sued because of something you are doing or publishing on our websites then, to the extent permissible by law, you have to pay all the costs arising out of such claim.

Members can leave reviews and recommendations about each other. Reviews and recommendations reflect the opinions of individual members and do not reflect our opinion. We do not compensate or otherwise reward a member for completing a review.

If you write a review or a recommendation you are solely responsible (meaning we’re not liable) for the content you have shared. Please be aware that members cannot edit reviews after they are published.

Basic Dos and Don'ts when writing a review:

• Be accurate and informative;

• Do not use any offensive or defamatory language: you should not abuse, attack or threaten anyone;

• Be genuine. Members are prohibited from manipulating the reviews system in any manner, such as, but not limited to, instructing a third party to write a positive or negative review about another member. You may not offer or provide any compensation or incentive in exchange for a review;

• Do not include any personal or contact details, email addresses, web links or any personal or intimate details about people. First names are acceptable;

NOTE  Reviews and recommendations may not be verified by us for accuracy and may be incorrect or misleading. However, we reserve the right to adjust, refuse, or remove reviews at our sole discretion if we believe they violate these Terms or our Privacy Policy.

Using our websites may include downloading software to your computer, phone, tablet, or another device (“Devices”). You agree that we may automatically update that software, and these Terms will apply to any updates. When using our websites and services you agree not to copy, modify, reverse engineer or decompile the services, attempt to do so, or assist anyone in doing so.

As long as you comply with these Terms of Service, we give you a personal, non-commercial, limited, revocable, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by us, and to enter and use our websites. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Nautycal Pty Ltd in the manner permitted by these Terms.

Our software applications and the content are not sold or transferred to you even after installation on any of your devices.

Open-source software is important to us. Some software used in our Websites may be offered under an open-source license that we will make available to you. There may be provisions in the open-source license that expressly override some of these terms.

If you choose to use our platform, you do so voluntarily and at your sole risk. When using our websites you assume all risks, including but not limited to all of the risks associated with any online or offline interactions with other members.

We strive to provide great services, but there are certain things that, to the extent permitted by law, we, nor any of our officers, directors, employees, representatives, affiliated companies, or others involved in creating, promoting, or otherwise making available the site and its contents, cannot guarantee:

• Nautycal Pty Ltd, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including, but not limited to, the warranty of merchantability, non-infringement of proprietary or third party rights, and the warranty of fitness for a particular purpose;

• Our websites, services and content are provided on an “as is” and "as available" basis. We don’t make any commitment about the content within the services and websites, the specific functions of the services, or their reliability, availability, or ability to meet your needs;

• We may not monitor or control the content posted by other users or members ('user generated Content'). We take no responsibility and assume no liability for any user generated Content that you or any other person or third party posts or sends using our Services;

• You understand and agree that you may be exposed to user Content that is inaccurate, objectionable, inappropriate or otherwise unsuited to your purpose;

• We are not an agency. We do not represent or act on behalf of any persons, entities, or services and do not undertake any sort of background or reference checking about any of the members or accounts. Any references to a member being 'verified' (or similar language, such as 'PIV Member' meaning 'Personal Identity Verified Member') only indicates that the member has completed a relevant verification process, and nothing more. Therefore, we do not guarantee the authenticity of any of the accounts and profiles available across any of our websites;

• We may make changes to the materials and services on this website, or to the products and prices described in them, at any time without notice. The materials and services on this site may be out of date, and Find a Crew™ makes no commitment to update the materials and services on this website. Information published on this website may refer to products, programs or services that are not available in your country;

• We are a platform that enables you to communicate and interact with other people around the world. We cannot be responsible for the interactions that you have with other members and we cannot be held responsible if a relationship does not come about or not in the manner originally desired, so please use good judgment and keep safety in mind when you use our Services;

• You’re responsible at all times for your omissions, your conduct and its consequences (meaning we’re not liable for them);

• Occasionally, we might need to perform maintenance on our services, and this may require a period of downtime. Where planned maintenance is being undertaken, we’ll try to notify you in advance, but can’t guarantee it;

• Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter, you should consult an appropriate professional.

By accessing any of our websites you agree that we will not be held liable to you or any third party for:

• Any consequential loss or damages arising out of or in connection with: our websites, services, software, systems (including any networks and servers used to provide any of our services) operated by us or on our behalf;

• Any incidental, special or exemplary loss, including lost profits, income, revenues, contracts, loss of data, service interruption, computer damage, system failure or any cost of substitute products or services;

• Any loss or damage you, your business, your personal or business reputation, your family or your property may suffer as a result of using any of the Nautycal Pty Ltd's websites;

• Any damages or injury occurred before, during or after certain experiences, activities, events or other services that may carry inherent risks. You agree that by participating in such services you choose to voluntarily assume such risks and you assume full responsibility for your choices before, during and after participating in any service;

• Any issues or responsibilities arising from your failure to ensure that you have met any visa, vaccinations, or local legislation requirements, documentation, travel or health insurance. It is the responsibility of the user to prepare their own documentation;

• Any damages for personal injury or emotional distress arising out from the use of, or inability to use our websites or content; or from any communications or interactions with other members or other persons with whom you communicate and interact with as a result of your use of any of our Websites;

• Any loss or damage suffered by you as a result of you failing to take reasonable precautions against loss or damage, such as through the installation of anti-virus software;

• Any loss or damage incurred by us or another party due to someone else using your account or password.

Limitation of Liability: we shall not be liable for any of the above direct, incidental, consequential losses or damages, regardless of the negligence of Nautycal Pty Ltd, even if we have been advised of the possibility of such losses or damages.

Nautycal Pty Ltd will not be held responsible for any direct, incidental, consequential losses or damages that occurred due to causes of force majeure going beyond our reasonable control.

Nothing in these Terms limits or excludes our responsibility for fraudulent representations made by us, death or personal injury caused by our negligence or willful misconduct, or non-execution of any contractual obligation.

English is our default language. Any translated version of our website is provided solely for your convenience. We cannot guarantee the quality of the translations and cannot claim responsibility for the accuracy and reliability of the provided translations.

In the event of a dispute about the contents or interpretation of these Terms of Service or our Privacy Policy, inconsistency, or discrepancy between the English version and any other language version of these Terms, the English language version shall apply, prevail and be conclusive.

Our services and websites evolve constantly. We may need to alter or discontinue our service, or any part of it, in order to make security improvements, make changes to comply with the law, or prevent illegal activities.

As such, both the Services and the websites may change at our discretion. Unless you terminate your account, the new Terms will be effective immediately upon posting. If you do not agree to the modified Terms of Service, you should discontinue your use of our Services.

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services without notice to you if:

• You are in breach of these Terms of Service;

• We believe that termination is reasonably necessary because you are using any of our services in a manner that could cause us legal liability, or disrupt other users’ ability to access and use our services. Please note that if your Account is closed or this agreement is terminated by us, you will not be entitled to a restoration of your Profile or any of your content.

Refund Policy: All our websites and services are free for you to register and to use for however long you wish to use them. Therefore we have a strict no-refund policy for members that purchased any paid services or paid membership options.

If you or we terminate or suspend your paid membership or any other paid service, you agree that we shall have no liability or responsibility to you, and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. We may refund you in case you have accidentally and mistakenly made the same payment and/or transaction twice within 24 hours.

If you believe your account's termination or suspension was in error, please contact us and we will seek to resolve any issue you may have.

Questions, comments and requests regarding these Terms are welcomed and should be addressed to terms@findacrew.net

Our support page and our availability via phone do not constitute a guarantee that your problem or question will be solved or answered, but only our commitment to try to provide you with helpful information ad support.

Nautycal Pty Ltd registered address and details:

For any dispute you have with Nautycal Pty Ltd, you agree to first contact us and try to resolve the dispute with us informally.

These Terms shall be governed by Australian law. If you reside in one of the countries where the courts will not apply Australian law to some types of disputes, then your country’s laws will apply to such disputes related to these terms. Otherwise, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Sunshine Coast, QLD.