1. Welcome to Nautycal Pty Ltd

Welcome to the Nautycal Terms of Service ('Terms'). Thanks for visiting one of our Websites.

The Services covered by this Agreement are provided to you by Nautycal Pty Ltd (referred to as 'Nautycal', 'we', 'us', or 'our'), a privately owned proprietary limited registered company incorporated and based in Mooloolaba, Sunshine Coast, Queensland, Australia.

We are a global platform available for mariners, aviators, and travellers around the world, and we are not acting as an agent in any capacity for any person, business or entity.

 
2. About these Terms of Service

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

By accessing or using our 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 do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

You are not permitted to use any of our Services for fraudulent purposes, or in connection with a criminal offence, other unlawful activity, or to cause annoyance or inconvenience.

 
3. Copyright Policy

Our Websites contain Content from us ('our Content'), you ('your Content'), and other users ('User Content'). We respect the intellectual property of others and ask that you do, too.

The Content on our Websites, such as, but not limited to, text, images, trademarks, logos, user look-and-feel, page headers and custom graphics, is protected by copyright, trademark, and other such laws in Australia and foreign countries, and is owned or controlled by us. You are prohibited from using any of our Content without our prior written consent.

Third party websites

Our Websites may display some Content that is not ours and/or links to third party websites. This Content or link is the sole responsibility of the entity that makes it available and is outside of our control. We do not sponsor, guarantee, or approve any material or representations in those third party websites.

 
4. Your Account

To access and use our Websites, Services, and features, you will be required to register and create an account. During registration we will collect some personal information, such as your name, surname, date of birth and email address.

What do you need to know when registering an 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 for the activity that occurs on your account, including your interaction and communication with others.

  • 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 Websites. Please note that this does not constitute monitoring of private messages and threads.

  • While we work to protect the security of your Content and account, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorised use of your account.

 
5. Business use of our Services

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 this Terms, in which case, the words 'you' and 'your' as used throughout these Terms apply to both you and the business.

 
6. Your Content

In short: what is yours, stay 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).

If we are sued as a result of something you are doing or publishing on our Websites, you are responsible for all costs arising out of such claim, to the fullest extent permitted by law.

 
7. Reviews and Recommendations

Users and members can leave reviews and recommendations about each other or about a service they have used. 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 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.

 
8. About Software in our Services

Using our Websites may include downloading software to your computer, phone, tablet, or other 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 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.

 
9. Our Warranties and Disclaimer

If you choose to use our platform, you do so voluntarily and at your sole risk. When using our Websites you assume all risk, 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 we can't guarantee:

  • Nautycal, 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 particular purpose.

  • Our Websites, Services and Content are provided on an 'as is' and 'as available' basis. We do not 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.

  • We specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising out of course of dealing or usage of trade.

  • 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. Therefore, we cannot and do not guarantee the authenticity of any of the accounts, profiles and listings 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 at this Site may be out of date, and CrewScene™ 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 enable you to communicate and interact with other people around the world. We cannot be responsible for the interactions that you have with other members, so please use good judgment and keep safety in mind when you use our Services.

  • You’re responsible at all times for your conduct and its consequences.

  • 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.

 
10. Liability for our Services

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 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 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 are not liable for any of the above direct, incidental, consequential losses or damages, regardless of the negligence of Nautycal, even if we have been advised of the possibility of such losses or damages.

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.

 
11. Languages

English is the default language of our Website, email and phone support. Not all web pages might be translated into the available languages, and any translated pages are provided solely for your convenience.

We may discontinue, or add and maintain additional languages on the network as it may find practical. 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 context or interpretation of any Content on this site, inconsistency, or discrepancy between the English version and any other language, the English language version shall apply, prevail and be conclusive.

 
12. Changes to these Terms

Our Services and Websites evolve constantly.

As such, both the Services and the Websites may change at our discretion. New Terms will be effective immediately upon posting. If you do not agree to the updated Terms of Service, you should discontinue your use of our Services.

 
13. Pricing and Refund Policy

Our Websites and Services are free for all visitors, members and users to view, register, list, search, find, and filter free of charge for as long as anyone wishes.

We offer options to access certain enhanced products, Services, features and functionalities that may require a payment before you can access them, usually for a specified duration.

We DO NOT store any financial data when submitting a payment for processing, such as your credit card details, and we DO NOT process any recurring payments for any of our Services on any of our Websites. All the transactions processed on our Websites are securely encrypted and instantly validated with the bank.

Refund Policy: If you, or we, terminate or suspend your paid membership or any other paid Service or feature, you agree that we shall have no liability or responsibility to you, and we will not refund any amounts that you have already paid.

We may refund you in the case that you have accidentally and mistakenly made the same payment and/or transaction twice within 24 hours.

 
14. Termination

You are 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.

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.

 
15. How to Contact Us

We are CrewScene™ and belong to the Nautycal group.

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

Nautycal Pty Ltd is a privately owned proprietary limited registered company incorporated and based in Mooloolaba, Sunshine Coast, Queensland, Australia.

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.

Registered address and details:
Nautycal Pty Ltd
PO Box 1210
Mooloolaba QLD 4557, Australia.

 

ACN 139 383 832   (Australian Company Number)
ABN 11 139 383 832   (Australian Business Number)

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

These Terms shall be governed by the Australian law. If you reside in one of the countries where the courts will not apply Australian law to some types of disputes, 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.

 
Effective 20 May 2020, Version T1.00