Terms and Conditions for Smart Move Crew Accommodation Candidates

Terms and Conditions for Smart Move Crew Accommodation Candidates

The use of crew placement services offered by SmartMoveCrew is governed by the terms and conditions set forth
below.

These terms and conditions are specific to our Crew Placement services and supplement the “Terms of Use”
and “Privacy Policy” that are common to all services provided by the Company.

By making use of this website and our services, you are indicating you agree with our terms and conditions. The
following agreement is written for candidate’s advice, guidance and potential employment protection. We ask
that you accept our Terms and Conditions before the process starts, not to inconvenience you, rather to make
sure you end up a satisfied crew member.

Smart Move Crew Accommodation provides crew placement for the Luxury Super Yachts and Mega Yacht Industry. You acknowledge that you do not acquire any rights to reuse the content, layout and data in any manner. Use of the website and
its data is governed by these terms and conditions.

 1.Definitions

  • Company: Smart Move Crew Accommodation, a Florida registered company.
  • Crew / Candidate: Any person or company submitting their information on the website, making verbal
    presentation to Company personnel, or otherwise indicating their desire to find employment through the
    Company.
  • Registration: The process undertaken by crew seeking work to submit their details to the company.
  • Employer: The yacht owners and/or captains who may or may not be Subscribers who contact us
    requesting candidates’ CVs for potential employment.
  • Website: The online database, (www.smartmovecrew.com and www.crewsashorejobs.com) known as
    SmartMoveCrew as maintained and run by us.
  • Job order: A request to find crew received by Company personnel.
  • Permanent: Any position which does not have a fixed end date or intended employment of greater than
    90 days.
  • Temporary: Any position which has a fixed end date of employment less than 90 days.
  • Validity: These terms and conditions are valid until amended by the company and can be amended at any
    time.
  • Crew Coordinator: Company staff who match crew to specific job criteria.
  • Business Day: A day (other than a Saturday or Sunday) on which banks are ordinarily open for business.
  • Candidate Profile: The personal profile and any other information provided by or otherwise uploaded by
    you including, without limitation, your CV.
  • CV: In the case of each Candidate, the relevant Candidate’s curriculum vitae or equivalent employment
    summary.
  • Subscriber: The persons subscribing to the System or, as the context requires, any one of them.
  • Yacht: The yacht on which Candidate(s) could be employed.

2. Service Description
SmartMoveCrew provides an introductory service to candidates searching for a position in the yachting industry.
Candidates submit a Candidate Profile on the online system which is made available to potential employers. Any
changes to these conditions must be agreed in writing between SmartMoveCrew and Candidates. We
provides exclusively an introductory service and does not provide manning services.

3. Candidate’s Rights and Obligations as per the Maritime Labour Convention (MLC), 2006

To work as a seafarer you need to be over the age of 16. There are limitations involved with working onboard
between the ages of 16-18. Candidates aged 16-18 are unable to undertake any position in the Galley and other
restrictions may apply to conditions of employment. Proof of age will need to be presented to Smart Move Crew Accommodation.

SmartMoveCrew does not charge seafarers, directly or indirectly, in whole or in part, any fees for the registration of their
details upon gaining employment. The only fees that you will incur will be those needed to obtain a national statutory
medical (ENG1) certificate, and national travel documents such as a passport, seaman’s book and visas, or when
applying for CV assistance, visa assistance, and/or school assistance through SmartMoveCrew.

To work as a seafarer you need to be medically fit. We will request to view an original copy of a national
statutory medical certificate (ENG1).

You are responsible for ensuring that your personal information, as published on the System, is accurate and up to
date. You warrant that your Candidate Profile, including your CV and certification is true and correct and is an
accurate summary of your education, employment and qualifications. You will need to provide copies of all your
certificates and documents to Smart Move Crew Accommodation and all the necessary checks will be made to verify their authenticity
and validity with the issuing training provider or national agency. We reserve the right to suspend, withdraw or
otherwise make unavailable your Candidate Profile if any information contained therein is false or inaccurate.

You will need to provide Smart Move Crew Accommodation with copies of written employment references, with up-to-date contact
information for those employment references, and accept that those referees may be contacted by Smart Move Crew Accommodation.

You understand and agree that should a security or criminal record check be required by an employer, you would
see no impediment to that taking place.

You understand and agree that should a drug or alcohol test be required by the employer, you would see no
impediment to that taking place.

Smart Move Crew Accommodation will inform you of your salary, leave allowance and benefits onboard to the best of their knowledge and
will fully explain your rights and duties with regards to the vessel. As a seafarer you need to be aware that you are
entitled to an employment contract. Smart Move Crew Accommodation advises you that your final contract should contain a clause
regarding repatriation to your point of embarkation, or a final destination mutually agreed by yourself and your
potential employer. You should have the opportunity to examine and seek advice on your employment agreement
and freely enter into the agreement.Smart Move Crew AccommodationSmart Move Crew Accommodation

4. Candidate Profile

You agree to, and unconditionally and unequivocally consent to:

– us providing your Candidate Profile, including without limitation, your CV, to any and all Subscribers, and our 3rd
party security company; and,

– the use of any such information by any Subscriber and/or 3rd party security company. You hereby grant us an
irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use,
copy, publish, disclose, process, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify,
edit, frame, translate, excerpt, adapt, create derivative works and distribute, any content you have provided
(including, without limitation, your Candidate Profile), in connection with the service or the use or promotion thereof.

We agree to allow you full access to your Candidate Profile, as maintained on the System, in order to enable you to
view and edit your personal information. You expressly warrant that you will only upload information and data in
respect of your own Candidate Profile.

We reserve the right at our sole discretion to remove, withdraw or require to be amended any information which we
consider inappropriate, inaccurate, illegal, immoral, offensive, obscene or in respect of which we receive any
complaint or objection. We further reserve the right at our sole discretion to decline to distribute or forward or to
suspend or remove your Candidate Profile, CV or any part thereof.

It is the responsibility of the candidates to indicate on their profile whether they are actively looking for a job or no
longer looking for a job. If the candidate indicates that they are no longer looking for a job, your profile will be
considered dormant and, although your information will still be stored in the System, it will not appear in any
Subscriber’s search results. When you obtain employment, you should access your profile and click on ‘no longer
looking’ under ‘Current Status’, which will make your profile dormant. You may re-activate your profile at any time by
clicking ‘currently looking’ under ‘Current Situation’ on your profile page.

If you wish to have your Candidate Profile temporarily unavailable to Subscribers, you may do so at any time by
indicating that you are no longer looking for work in your Candidate Profile. If you wish to have your Candidate Profile
permanently removed from the database, you may do so at any time by contacting us in writing, by email, in each
case at the address provided on our website (www.crewsashorejobs.com). You acknowledge that we may retain
archived copies of any information you have previously provided notwithstanding the temporary or permanent
removal of your Candidate Profile.

We agree to use reasonable endeavors to prevent your personal information from being accessed by parties other
than us, Subscribers and our third party security company. If, despite such efforts, any information is nevertheless
accessed by a third party other than us or any Subscriber, you hereby release us from any liability for any loss or
inconvenience you may suffer as a consequence of such unauthorized access and from any other consequences
thereof howsoever caused.

We give no warranty or representation as to the suitability, performance or character of any Subscribers who may
use the System. Before accepting a position, you must undertake your own due diligence and exercise your own
judgment as to the Subscriber’s character and/or suitability.

In no circumstances shall we be liable (whether in contract or tort) for any loss of profits, your failure to secure
employment, loss of business, depletion of goodwill and/or similar losses, loss of contract, loss of or corruption of
data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or
expenses suffered by you.

You agree to indemnify us in relation to any loss and/or damage suffered, including any direct, indirect, incidental,
special, consequential and/or punitive damages, arising in consequence of your Candidate Profile or otherwise in
consequence of your breach of any of your obligations under these Terms.

5. Website access
The company makes information available to candidates where they can browse available jobs. You acknowledge
that you do not acquire any rights to reuse the content, layout and data in any manner. Use of the website and its
data is governed by these terms and conditions. The data presented by the company is protected under
international copyright laws.

6. Non-Solicitation
Only crew members who have activated their registration without our influence will be considered for employment
through our service.

7. Data Protection Principles
We will comply with data protection law. This says that the personal information we hold about you must be:

  • Collected only for valid purposes that we have clearly explained to you and not used in any way that is
    incompatible with those purposes.
  • Relevant to the purposes we have told you about and limited only to those purposes.
  • Accurate and kept up to date.
  • Keep securely.

8. Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of
your personal information for a specific purpose, you have the right to withdraw your consent for that specific
processing at any time. To withdraw your consent, please contact Smart Move Crew Accommodation at [email protected] Once we have received notification that you have withdrawn your consent, we will no longer process your information for the
purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

9. Jurisdiction – Choice of Law

  1. Choice of Law – The laws of the State of Florida or the general maritime law of the United States shall
    govern any dispute arising out of this agreement.
  2. Forum Selection – All disputes and suits arising out of this agreement shall be submitted to a court of
    competent jurisdiction in Broward County, FL, without prejudice to the company’s rights under the general
    maritime law to pursue a maritime lien in rem against a responsible vessel, outside Broward County Florida.
  3. Consent to Jurisdiction – The contracting parties hereto agree that the forum selection clause and choice of
    law provisions also constitute a waiver of any argument or defense based on lack of personal jurisdiction.

10. Review of this Privacy Policy

We keep this privacy policy under regular review. This privacy policy was last updated in July 2023.

We may change this privacy policy from time to time and we will publish any new privacy policy on our website
when we make any substantial updates. We may also notify you in other ways from time to time about the
processing of your personal information.

Any questions regarding this privacy policy and our privacy practices should be sent by email
to [email protected]

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