Lindau
+15°C
English
SailorWorx® is a registered Community trademark (Reg. No. 010147148) of KABEE Consulting Lindau (B), represented by MAS K. Brunzel, Salzgasse 7, DE-88131 Lindau (B), Germany.

SailorWorx®.com (also accessible at .eu,.de,.co.uk,.es and.fr, hereinafter referred to as SailorWorx®) is an Internet platform on which legal persons present themselves as freelance skippers or crew members for jobs on international pleasure ships/boats, proprietors/companies/associations offer sailing trips or activities, either free of charge or in return for a fee, staff from commercial ships offer their services, and legally registered companies and associations can look for staff and acquire them. SailorWorx® is not to be understood as being a recruitment agency.

SailorWorx® is operated by -KABEE Consulting Lindau (B)- (represented by MAS K. Brunzel), Salzgasse 7, DE-88131 Lindau (B), Germany (hereinafter referred to as -SailorWorx®.com-). By using SailorWorx®.com, you accept the General Terms and Conditions of Business (GT&C′) below, and conclude an agreement with SailorWorx® on the use of the SailorWorx® - web pages.
§ 1 Scope of validity

These T&C′ regulate the contractual relationship between SailorWorx® and the natural and legal persons (members) who use the teleservices of SailorWorx®. SailorWorx® is not responsible for any agreements concluded between the members. These T&C′ do not apply to any impairment of performance within the contractual relationship between SailorWorx® members.

These T&C′ shall apply as from the date of the respective member registering. By checking the box -I hereby accept the Terms and Conditions of Business and the data protection provisions-, you accept these T&C′. As per Article 4 of the T&C′, you may revoke or terminate your consent to the licence agreement and these T&C in writing at any time. Minors are excluded from participating in the SailorWorx® network.

§ 2 Subject and scope of the use agreement

SailorWorx®.com is an Internet platform having the nature of a networking service, where members can offer their skills as independent services, as long as their offer and intention does not violate any statutory provisions or these T&C. You will find an overview of the permitted and prohibited promotions here.

SailorWorx® only operates the technical platform. In that respect, SailorWorx® does not represent either the principal or the contractor, and is therefore not involved in the contracts concluded using the platform in any way, either as a contracting party or as a representative or vicarious agent. The contracting parties are exclusively the principal and the contractor. The contract is fulfilled exclusively between members. No claim exists to complaints against other members being accepted and processed or to intervention in or resolution of disputes between the latter unless the subject of the complaint is the fulfilment of statutory or contractual obligations arising on the part of SailorWorx®.

Every user is free to access the web pages of SailorWorx®. In order to use other functions, such as searching for members, saving details of members on the notepad, evaluating members or the reference function, prior registration as a member is necessary.

It is forbidden to give details which violate statutory provisions or morality. You may not give any details that SailorWorx® does not allow on the website.

The member hereby frees and relieves SailorWorx® from all claims which other members or any other third parties may assert vis-à-vis SailorWorx® due to infringement of their rights by comments made by the member at SailorWorx® or due to the members use of SailorWorx® (including the assessments given by the member). In this respect, the member also accepts responsibility for the costs of any necessary legal defence of SailorWorx®, including any court costs and attorneys fees. The latter shall not apply if the infringement of rights is not the members fault.

§ 3 Registration

Registration is necessary in order to use SailorWorx®. Registration as a member is necessary in order to use the services offered.

No claim to registration exists. Upon registration being completed and these T&C acknowledged, an agreement comes into force between SailorWorx® and the member on the use of SailorWorx®.

Registration is only permitted to legal persons, as well as natural persons who are contractually capable without limitation.

The details requested upon registration are to be given in full and correctly. The member is obliged to always keep their contact and profile data up to date. A legal person may only be registered by a natural person who is an authorised representative, and who must be named. In the registration process, only individuals may be specified as the holder of the member account. The person registering must be over 18 years old.

When registering, the member chooses a user name and password. The member may not pass on their password to third parties. SailorWorx® will not pass on the password to third parties.

A member account is not transferable.

SailorWorx® reserves the right to deactivate the member account of a registration that has not been fully completed (such as, for example, in the case of a profile not being completely registered).

§ 4 Blocking, revocation and termination

SailorWorx® may take the following steps if there are any specific hints indicating that a member is infringing statutory provisions, rights of third parties, the SailorWorx® T&C, or that SailorWorx® has any other justified interests, in particular in order to protect other members from fraudulent activities:

a. Delete offers or any other content which has been placed on SailorWorx®.
b. Warn members
c. Restrict/limit the use of the Internet platform
d. Provisional blocking
e. Final blocking.

When choosing the appropriate step, SailorWorx® shall taken into consideration the justified interests of the member concerned, in particular whether there are any indications that the member was not guilty of the infringement.

SailorWorx® may finally exclude a member from using SailorWorx® (final blocking) if: the member:

a. has received repeated negative assessments in the evaluation system and the blocking is necessary to preserve the interests of the other members;
b. gives false contact details, in particular a false or invalid e-mail address or telephone number;
c. transfers their member account;
d. damages other SailorWorx® members or SailorWorx® to a considerable extent, especially abuses services of SailorWorx®
. any other significant reason exists.

If a member is finally blocked, the member shall have no claim to the blocked member account or the assessment profile being restored.

SailorWorx® may terminate the licence agreement at any time by giving seven days notice. The blocking right shall not be affected thereby. In the event of termination or blocking, no claim shall exist to reimbursement of payments made for membership fees or any other payments.

Once a member has been blocked, this member may no longer use SailorWorx®, with any other member accounts either, and may not re-register.

SailorWorx® provides a function for deactivating the member account in the members account. This corresponds to a provisional blocking initiated by the member themselves. The data deposited is not deleted.

The member may terminate the licence agreement at any time by giving four weeks notice to the end of a month. For the notice of termination, a written notification to KABEE Consulting Lindau (B), Salzgasse 7, DE-88131 Lindau (B), Germany or an e-mail addressed to office(at)sailorworx.com shall be sufficient.

§ 5 Fees, commission and invoicing

SailorWorx® charges a fee for the services being offered. For each CV sent as an insertion for a yacht transfer (boat delivery), 1 credit will be charged against the credit balance of the user. For each CV sent as an insertion for a job, 3 credits will be charged against the user′s credit balance. In each case, a separate method of calculation will be used to charge one part to SailorWorx® and one part to the advertiser. The percentage of the split will be determined case-by-case.

Payment is to be made before using SailorWorx® and can be accomplished using PayPal′s payment service. After payment, the user will receive a message on the website approving the payment and an e-mail with the data as a receipt. The receipt is accessible and printable in the user′s account.

If the process is unauthorized by the member and payment to SailorWorx® is cancelled because of unverifiable deficiencies or if PayPal′s buyer protection clause is applied after a verifiable usage by SailorWorx®, the member will have to pay a one-time processing charge of 10.00€ to SailorWorx®. Furthermore, should this occur, SailorWorx® has the right to exclude the member from further use of SailorWorx®, effective immediately.

Registered commercial companies who are members of SailorWorx® have the possibility of accessing their bills/credits as PDF documents in their “My Account” file and printing them. The settlement of credits takes place on the 5th of every month. The payment of credits on a given account takes place before the 10th of the following month.

§ 6 Evaluation system

In spite of implementing various security measures, SailorWorx® cannot warrant that every member is the natural or legal person that they claim to be. Despite various security measures, it it possible that a member has given false details to SailorWorx®. SailorWorx® has an evaluation system, by means of which principals and contractors can mutually assess one another after concluding and fulfilling an agreement. The evaluation system serves the purpose of assuring quality and avoiding deception, and is supposed to assist members in assessing the reliability of other members. Members are obliged to only give details which correspond to the truth, and objective details connected with implementing the agreement. Assessments may not contain any abusive criticism, and need to be based on sufficient facts and general laws. It is not permitted to make self-assessments or arrange for assessments to be made about oneself by third parties. The assessment function is provided by SailorWorx®. The details are only published after SailorWorx® has checked the data entered. It is possible to have an assessment deleted by SailorWorx® if there are adequate grounds for this. The final decision on the latter shall rest with SailorWorx®. For this purpose, the user needs to contact support at SailorWorx® by e-mail. The user hereby frees and relieves SailorWorx® from any legal consequences arising from publishing individual assessments. The costs of any disputes/arbitration proceedings arising from the latter shall be borne by the appellant. SailorWorx® may delete assessments if any indications of an infringement of the T&C or applicable law exist. No claim shall exist to have deleted assessments restored.

§ 7 General principles

Members are obliged, when using SailorWorx®, as well as the services provided by SailorWorx®, to adhere to the applicable laws. The contents placed there may not infringe either applicable law or these T&C.

Your information and activities at SailorWorx® may not:

a. be false, inaccurate or misleading;
b. be offensive, threatening, abusive or damaging to reputation;
c. be obscene or indecent, or contain any child pornography;
d. infringe the copyright, patent, trademark, confidentiality, ownership or data protection rights of a third party;
e. copy, disseminate or duplicate contents without the prior consent of the proprietor of the rights;
f. be fraudulent or involve trading with stolen goods;
g. use the addresses and contact details received by using SailorWorx® for purposes other than the contractual or pre-contractual communication, and it is especially forbidden to use them for promotional purposes;
h. contradict applicable law or directives, including laws on export, consumer protection, illegitimate competition, anti-discrimination, false advertising;
i. make SailorWorx® liable or put SailorWorx® in a situation in which third parties and ISPs terminate the co-operation;
j. directly or indirectly link to descriptions of goods and services which are prohibited in accordance with this licence agreement;
k. contain computer viruses, macro viruses, Trojan horses, worms or anything else which has been designed to intercept the regular operations of our computer or other computers.
l. use mechanisms, software or anything else in conjunction with the use of SailorWorx® which disrupt or damage the functioning of SailorWorx® or make it less efficient;
m. block, overwrite or modify contents on SailorWorx®.

You may not place any data on the site which causes SailorWorx® to engage in infringements through settling fees, existing law or these T&C. So that we can use non-personal details about you in media, you hereby grant us a non-exclusive, worldwide, irrevocable and sub-licensable right, free of charge, concerning the copyright, private label and database rights in your information, exclusively for this purpose. This non-personal information will, in that respect, only be used within the scope of our data privacy statement.

§ 8 Data protection

The data protection provisions of SailorWorx® form a component of the licence agreement.

§ 9 Limitation of liability

SailorWorx® shall not bear any liability arising from the agreements concluded between members. SailorWorx® shall not be liable for third party content. SailorWorx® also does not accept third party content as its own.

Members shall free and relieve SailorWorx® from any claims asserted by third parties against SailorWorx® due to illegitimate orders placed, including the texts in assessments. The member causing the damage shall bear the costs of legal defence (in particular attorneys fees) incurred to SailorWorx® through it legitimately asserting its claims. Should the infringement of rights be the opponents fault, the member shall receive cost reimbursement from SailorWorx® following conclusion of the proceedings.

SailorWorx® shall only be liable based on the licence agreement with members in regard to intent and gross negligence, on its own account and also in regard to any legal representatives, executives and vicarious agents. In the case of significant contractual obligations, default on the part of the debtor or it being impossible to provide the services, where SailorWorx® is at fault, SailorWorx® shall, however, be liable for any culpable conduct. The liability shall be limited to foreseeable and typical direct losses.

The foregoing disclaimers and limitations of liability shall not apply in the event of SailorWorx® expressly providing warranties or for losses arising from injury to life, the body or the health, or in the case of mandatory statutory provisions.

The links offered at SailorWorx® are carefully chosen. However, no responsibility can be accepted for the content of the pages offered via the link. We expressly distance ourselves from the contents of the pages linked by the link. Should you be aware of a link offered on these pages making reference to a page having illegitimate content, please immediately send us an e-mail, addressed to support(at)sailorworx.com, so that the link concerned can be removed. SailorWorx® provides the Internet platform SailorWorx® in the form and with the respective functions available at the present time. No claim to provision of the site or the retention of certain functions exists. In regard to the availability of the system, no warranties whatsoever are given. Access may be restricted from time to time, in whole or in part, by maintenance work or for other reasons, e.g. in regard to individual functions (restricted availability). Any liability for the consequences of restricted availability is excluded - regardless of what the nature of it is, and for what reasons. In so far as the restricted availability has repercussions on concluding agreements, for instance because a profile cannot be accessed or lists cannot be displayed, or it is therefore not possible to conclude an agreement, no claims of any kind whatsoever against SailorWorx® shall arise from the latter.

§ 10 Takeover of the agreements by a third party

SailorWorx® is entitled to assign its rights and obligations arising from this contractual relationship, in whole or in part, to a third party by giving four weeks notice. In this case, the member shall be entitled to terminate the licence agreement by e-mail addressed to sales(at)sailorworx.com after receiving notification of the agreements being taken over.

§ 11 Written form, applicable law and place of jurisdiction

These T&C, as well as the use of the services, are in compliance with German law, with the exception of its conflict of laws provisions.

In regard to any disputes arising from or in connection with the use of the services and/or these T&C, the courts in Lindau, Germany shall have exclusive jurisdiction, as long as you are a trader or do not have a fixed place of residence in Germany, you have relocated your place of residence or usual place of residence abroad after these T&C have come into force, or your place of residence or usual place of residence is unknown as at the date of the action being filed.

If the member is a trader within the meaning of the German Commercial Code, special public law funds or a legal person under public law, Lindau shall be the exclusive place of jurisdiction for any disputes arising from this licence agreement and these T&C.

All declarations which are transmitted within the scope of the licence agreement to be concluded with SailorWorx® need to be in written form or sent by e-mail. The postal address of KABEE Consulting Lindau (B), Salzgasse 7, DE-88131 Lindau (B), Germany. The postal address, as well as e-mail address of a member shall be the ones deposited as current contact details in the members member account.

§ 12 Severability clause

In so far as a provision of these T&Cs is invalid, the remaining provisions shall not be affected thereby. The invalid provision shall be deemed to have been replaced by one which comes closest to the meaning and purpose of the invalid provision in a legally valid way. The same shall apply to any contractual loopholes.

Status: 10/11/2015   GTC Download

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