CREW.ORG.NZ is a New Zealand based Website, providing an on-line forum for New Zealand Yachts, Yachting. The Crew.Org. site, is offered to you, conditional on your acceptance without modification of these Terms and Conditions, and the notices contained in this statement. Your use of the Crew.Org. Site constitutes your agreement to such terms, conditions and notices. You are responsible for ensuring that you are familiar with the latest terms and conditions, the last up-date was day of 2005.
CREW.ORG.NZ is a passive conduit for you to communicate with others on sailing, and sailing related issues.
1. These Terms and Conditions
1.1. Acceptance of Terms and Conditions
These Terms and Conditions are the Terms on which CREW.ORG.NZ offers access to the CREW.ORG.NZ Web Site. By registering as a member you accept these Terms and Conditions, as amended by us from time to time. If you do not accept these Terms and Conditions, you must not use these services.
1.2 Amendment of Terms and Conditions
These Terms and Conditions may be amended in whole or in part by CREW.ORG from time to time. Amendments will be effective immediately upon posting the amended Terms and Conditions on this Web Site. You are responsible for ensuring that you are familiar with the current Terms and Conditions. Your use of the services or this Web Site, represents your agreement to be bound by the Terms and Conditions as amended.
1.3 TERMINOLOGY
In these Terms and Conditions, the following expressions have the following meanings:
“Member” means any registered member of CREW.ORG.NZ
“CREW.ORG.”, “We”, “Us”, and “our” are references to CREW.ORG.NZ
“Services” means anyone or more of the services offered by CREW.ORG from time to time including message boards, and any other services that CREW.ORG may offer.
“You” and “Your” are references to you the members.
“Web Site” means any CREW.ORG website through which the services are offered.
2. General Rules
2.1. You may not join this web site if:
You cannot form a legally binding contract. By registering as a member, you warrant to us that you can form a legally binding contract. In any case, you must be at least 18 years old to become a member.
2.2 CREW.ORG monitors profiles. Without limiting any other remedies available to us, we reserve the right at any time to suspend or reject you, your profile and any content you submit from the web site at our sole discretion, and if we do remove your profile or any content you submit we will not be liable to you in any way.
3. Specific warnings
3.1 You are solely and legally responsible for:
(a) the content and legality of all information you publish on CREW.ORG.
(b) the content and legality of any material, including photos and messages, you post or enter on the web site.
(c) All of your communications with and behaviour towards other members of the web site; and
(d) Compliance with all applicable laws at all times when using the services and/or the web site or in circumstances arising out of your use of the services and/or the web site.
3.2 CREW.ORG is not responsible for any information or other content posted on the web site.
3.3 You agree to accept sole responsibility for the legality of your actions, for posting material and content on the web site under New Zealand Law.
3.4 You are prohibited from posting or transmitting any unlawful, defamatory, threatening, obscene, libellous or otherwise offensive material. Personal prosecution may result from breach of these requirements.
4. Your obligations as a user and member of CREW.ORG
4.1 You will provide complete and accurate information when registering to use the service including your first names, surname, boat name (if any) and email address. You will maintain your personal information as supplied to us to keep it true, accurate and complete at all times. CREW.ORG reserves the right to contact you from time to time to verify your details.
4.2 You agree to comply with all applicable laws when using the services and dealing with other members.
4.3 You are responsible for keeping your password secret and secure. Without limiting the foregoing, you agree:
(a) not to permit any other person to use your log-on I.D. and password; and
(b) not to disclose, or provide to any other person, your password.
4.4 You will not attempt to damage or harm the web site or the services
4.5 You will not use the web site for commercial purposes unless authorised by us.
4.6 You will only interface with this website manually and through a web browser. You are not permitted to programmatically or otherwise automatically interface with this website. This includes “spidering” or interfacing for the purposes of harvesting information from the website.
4.7 You will not enter obscene, abusive, defamatory, threatening, harassing, illegal or objectionable material on the web site. This includes messages, images, the information on your profile or any other form of information that can be entered on the website (including communications with other members). CREW.ORG will be the sole arbiter of what is considered a breach of this obligation. CREW.ORG reserves the rights to refer such material to the relevant authorities to consider prosecution, or to any other members in the prosecution of members.
5. Disclaimer
You expressly understand and agree that:
(a) Your use of the web site and the services is at your sole risk. CREW.ORG expressly disclaims, to the maximum extent permitted by law, all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
(b) CREW.ORG makes no warranty, to the maximum extent permitted by law, that
(i) the services provided will be uninterrupted, timely, secure, or error free,
(ii) the information provided on the web site is error-free or reliable,
(iii) the quality of any products or services obtained through the website will meet your requirements, or
(iv) members are who they say they are.
(c) No advice or information that is obtained by you from CREW.ORG otherwise shall create any warranty not expressly stated in the Terms and Conditions
(d) Responsibility for the content of advertisements appearing on the web site (including hyperlinks to advertisers’ own website) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute CREW.ORG’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
6. Limitation of Liability
You expressly understand and agree that:
(a) CREW.ORG shall not be liable under any circumstances for any direct, indirect, incidental, special, consequential or exemplary loss or damages, including but not limited to damages for loss of profit, goodwill, use, data or other intangible losses that result from the service, or the inability to access the services.
(b) CREW.ORG shall not be liable for the cost of procurement of substitute goods or services resulting from services provided by CREW.ORG
(c) CREW.ORG shall not be liable for the conduct or statements of members or third parties in relation to the service.
7. Indemnity
You agree to indemnify fully CREW.ORG from and against all claims, liability, loss, costs and expenses (including the full amount of legal costs) incurred or suffered by CREW.ORG in respect of or in connection with:
(a) information contained in your profile;
(b) any material, including (without limitation) photos and messages, you post to or enter on the web site;
(c) your communications with or behaviour towards other members;
(d) any death, personal injury or damage to property you may cause;
(e) your breach of these terms and conditions or any applicable laws.
8. GENERAL PROVISION
8.1 System Integrity
CREW.ORG will use its reasonable endeavours to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, CREW.ORG takes no responsibility for any system unavailability, or any loss that is incurred as a result of web site or services being unavailable. Further, CREW.ORG assumes no responsibility for the corruption of any data or information held by CREW.ORG.
8.2 CREW.ORG Forums
CREW.ORG provides forums and rooms for use by members. The forums and chat rooms may not be used to promote web sites for any commercial, business, illegal or unlawful activities. CREW.ORG is not responsible for any of the opinions or other information expressed in the forums or chat rooms. By posting a message to the forums or a chat room you take full responsibility and liability for your comments, including offensive and defamatory statements, and indemnify CREW.ORG for any liability it may incur in relation to your comments.
8.3 Force Majeure
CREW.ORG has no liability for any lack of performance, unavailability, or failure of the services or the web site, or for any failure of CREW.ORG to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of CREW.ORG.D
8.4 No Waiver
If we do not exercise or enforce any right available to us under these terms and conditions it does not constitute a waiver of those rights.
8.5 Partial Invalidity
If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
8.6 Governing Law
These terms and conditions and your membership are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
8.7 Intellectual Property Rights
CREW.ORG (and its licensors or suppliers, as the case may be) own intellectual property rights and other proprietary rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not without our prior written permission, in any form or by any means:
(a) adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the web site; or
(b) commercialise, copy or on-sell any information or items obtained from any part of the web site.
8.8 Entire Agreement
These terms and conditions, supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written and constitute the entire agreement between the parties relating to the subject matter of these terms and conditions.
8.9 Privacy
CREW.ORG collects personal information about you through your use of the services and the web site, including:
(a) your registration details; and
(b) information relating to your use of the web site and the content you post and access
You agree that CREW.ORG may use this personal information to assist to provide the services to you, for internal research purposes, to verify your identity, promoting and marketing other CREW.ORG products and services to you and for any other use that you authorise.
We will not sell or allow third parties to access your personal information without your consent, however, you agree that CREW. ORG may disclose your personal information, including your name and contact details, to the relevant authorities if we consider that you are in breach of these terms and conditions at any time.
