You must read and agree to these terms before making any other use of crewmen.co (the “Site”) or the Crewmen app (the “App”). If you do not agree to these terms, you must not use the Site and/or the App. If you agree to these terms, they constitute a binding agreement (the “Agreement”) between Wingman Australia Pty Ltd t/as Crewmen International (“Crewmen”, “we” or “us”) and you. By using the Site and/or the App, you thereby agree to be bound by the Agreement.
2 – The Site and the App
The Site and the App enable you and other users of the Site and App (“Members”) to organise activities and events (“Events”) and to meet other Members to participate in those Events.
3 – Eligibility to Use the Site and the App
To use the Site and/or the App and be a Member, you must be at least 18 years old. By using the Site and the App, and/or becoming a Member, you represent that you are at least 18 years old. In addition to being 18 years old, there may be other eligibility requirements to use parts of the Site and the App, or that may be set by a Member in order for you to participate in an Event. By using that part of the Site or App, or by attending any Event, you represent that you satisfy any of the additional eligibility requirements specified by that part of the Site or App or that Member.
4 – Licence to Use the Site and the App
Provided you meet the eligibility requirements of the Site and/or the App, Crewmen grants you a limited, non-exclusive licence (the “Licence”) to access and view content on the Site and/or the App and to become a Member for your own personal, non-commercial purposes. The Licence and any Membership is personal to you and may not be assigned, sublicensed or otherwise transferred to anyone else. You must not reproduce, redistribute , sell, create derivative works from, decompile, reverse engineer, or dissemble the Site or the App or any part of the Site or the App.
5 – Suspension of Use of the Site and the App
We may modify, suspend or terminate your use of the Site and/or the App and/or your Membership if, in our sole discretion, we determine that:
(a) you have violated this Agreement;
(b) it is the best interests of the Membership of Crewmen to do so;
(c) your use of the Site and/or the App and/or Membership may damage the Crewmen brand or the Site or App;
(d) you have not used the Site or the App for an extended period of time; and, if we terminate your use of the Site and/or the App and/or your Membership, then:
(e) all licences and rights granted to you under the Agreement will terminate immediately; and
(f) all provisions of the Agreement that, by their nature, should survive termination (including, but not limited to, ownership provisions, warranty disclaimers, indemnities, and limitations of liability) will survive that termination.
6 – Membership Details
You provide us with personal information (including an email address and a password) when you become a Member that:
(a) you warrant is accurate and correct at all times;
(b) you must keep updated in the event that it, or any part of it, changes;
(c) in the case of your password, you agree to keep confidential and, in the event that you do not keep it confidential, agree that you are responsible for anything that happens as a result.
7 – Subscriptions and Payments
We charge fees (“Subscription(s)”) for you to become a Member and to use certain features of the Site and App, and you agree:
(a) to pay those fees in order to enjoy the benefits of being a Member or accessing those features of the Site and App;
(b) you must pay any Subscriptions using a valid payment method acceptable to us as specified by the Site and the App;
(c) that, by becoming a Member or by using any feature of the Site or App that requires Subscriptions to be paid, you must pay the Subscriptions and that, by doing so, you are bound by the Agreement and any additional terms and conditions that may apply to the relevant Subscription;
(d) that all Subscriptions are non-refundable;
(e) that you may cancel your Subscription at any time but you will not be able to receive any credit for any unused portion of a Subscription and you will have access to the benefits of that Subscription until the end of the relevant Subscription period;
(f) that, unless you cancel any Subscription before the expiry of that Subscription period, that Subscription will automatically renew, and you authorise us to charge the renewed Subscription to the payment method you provided at the commencement of the Subscription or to a different payment method where you have updated your payment information;
(g) that we may change, and we reserve the right to change, any Subscription, or any feature of the Site and/or App that attracts a Subscription, without prior notice, and your continued use of the benefits of Membership or any feature of the Site and/or App that attracts a Subscription constitutes acceptance of the revised Subscription and any revised terms attached to that Subscription;
(h) Members that organise Events (“Organiser or Organisers” as appropriate) may, at their discretion, charge their own Subscriptions for you to attend those Events;
(i) Where an Organiser charges fees for you to attend an Event, we cannot ensure that those fees will be used as promised or as you expect, and you should check the refund policy of any Organiser before making any payments to them;
(j) Crewmen is not party to any agreement between you and an Organiser and is not liable or responsible for any payment made to an Organiser by you using a third party payment service.
8 – Your Representations and Warranties
By using the Site and/or the App and/or becoming a Member, you represent and warrant to us that:
(a) you have the right and authority to enter into this Agreement and, by doing so, you will not violate any law or breach any obligation you have to a third party including, but not limited to, another Member or an Organiser;
(b) you are solely responsible for any content that you post to the Site and/or the App (“Content”) but, to enable us to operate, promote and improve the Site and the App, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty and licence free, sublicensable, transferable right and licence to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, the Content and to commercialise and exploit the copyright, trademark, publicity and database rights that you have in the Content;
(c) you indemnify us against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against us arising from your breach of the Agreement;
(d) you indemnify us against any liability arising from you emailing, posting, or submitting Content that that contains any defamatory, offensive, illegal or inappropriate material or any material that infringes a third party’s intellectual property rights;
(e) you indemnify us against any liability arising from or any loss that we or any third party suffers as a result of any Content that contains a virus, worm, Trojan horse or other code that contains contaminating or destructive properties.
9 – Your Acknowledgements
By using the Site and/or the App and/or becoming a Member, you acknowledge that, subject to any rights that cannot be excluded:
(a) the information provided on the Site and the App is of a general nature, and you are not entitled to rely on the accuracy, adequacy, suitability, completeness, reliability or usefulness of that information;
(b) the Site and the App may include ‘forward looking statements’
(c) you use the Site and/or the App entirely at your own risk;
(d) you must use the Site and the App in a safe and responsible manner and take all necessary precautions to protect yourself and others from harm;
(e) you may not use the Site or the App for any unlawful or unauthorised purpose including, but not limited to, harassing, abusing, defaming, intimidating or bullying others, making political, racist, discriminatory or other offensive statements, and posting material that belongs to a third party where you are not authorised by that third party to do so;
(f) if you engage in any behaviour described in sub-point (e) or breach any other provision of the Agreement, we reserve the right to take appropriate action including, but not limited to, suspending or cancelling your Membership and/or access to the Site and App, and/or reporting your behaviour to any relevant authorities;
(g) if you encounter any content or material posted by a Member and/or User that you believe violates the Agreement, or is otherwise inappropriate or harmful, you should report it to us immediately, and we will investigate your report and, if we (in our sole discretion) determine that any conduct or material breaches the Agreement, will take appropriate action that may include removing any content or material that we believe violates the Agreement without notice or explanation, and/or suspending any Member or User who breaches the Agreement from using the Site and/or App;
(h) where you are in breach of the Agreement, we may suspend (temporarily or permanently) your use of the Site and/or App without notice or explanation, in which case you must immediately stop using the Site and/or App and delete all copies of the Site and/or App from your computer and/or mobile device;
(i) you release us from any claims that you would otherwise have against us now or in the future arising directly or indirectly from the Site and/or the App or your use of the Site and/or the App;
(j) we will not be liable for any damages arising from your use of the Site or the App;
(k) if you are entitled to make any claim against us arising from any rights that cannot be excluded, our liability to you for the aggregate of any such claims is limited to providing the information, products or services again, or payment of the cost of providing the information, products or services again (at our election).
10 – Our Representations and Warranties
We represent and warrant to you that:
(a) we do not attempt to exclude any conditions, warranties, rights or remedies that you may have pursuant to the Australian Consumer Law or any other legislation to the extent that those rights and remedies cannot be excluded by agreement;
(b) to the extent that any rights and remedies can be excluded, the Site and the App and their contents are provided on an “as is” basis, and all express or implied warranties of any kind including, but not limited to, any warranties of merchantability, fitness for purpose, freedom from contamination by computer viruses, are excluded.
11 – Privacy
We collect registration and other information about you through the Site and the App. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information. Our Privacy Policy does not govern the use of information that you provide to third parties including, but not limited to, other Members and Organisers. We have no control over how other Members and Organisers use information that you provide to them, so you should use common sense and good judgment when sharing information with others on the Site and/or the App.
12 – General
The Agreement is governed by the laws of Australia (the “Laws”) without regard to principles of conflicts of law, and:
(a) any action arising out of or relating to the Agreement must be commenced in an appropriate court in the relevant State of Australia (the “Courts”);
(b) you consent to the Laws and the jurisdiction of the Courts;
(c) if any term of the Agreement is found invalid or unenforceable by any of the Courts, that term will be severed from the Agreement;
(d) no failure by Crewmen to exercise any right under the Agreement waives any further exercise of that right by us;
(e) our rights and remedies under the Agreement are cumulative and not exclusive;
(f) the Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, administrators, personal representatives and permitted assigns;
(g) you may not assign the benefit of the Agreement without our prior written consent;
(h) no third party has rights under the Agreement;
(i) the Agreement may not be modified except by revised Terms of Use posted by us on the Site and the App or a written amendment signed by an authorised representative of Crewmen;
(j) the Agreement constitutes the entire understanding between us and you concerning the subject matter of the Agreement, and supersedes all prior agreements and understandings regarding the Agreement.