Romcrew Terms and Conditions Romcrew
Providing Marine Solutions


TERMS AND CONDITIONS




1. Introduction



Please read this page carefully. Each time you access or use our website, https://www.romcrew.com/ and/or our mobile device application and/or collaborate with Romcrew, you are deemed to accept these terms and conditions. If you do not accept these terms and conditions or you do not meet or comply with their provisions, you may not use the website and/or our mobile device application and/or collaborate with Romcrew and you may not benefit from the Services, as described in these terms and conditions.



2. Definitions.


Candidate: means the User with a valid account who applies for an Activity Offer on the Website;

Activity Offers: means offers from individuals or legal entities regarding potential collaboration (such as business/cooperation relation or employment relation) related to ship building, ship repairs, improvements and retrofits that are published on the Website;

Privacy Policy: means the Society's policy that help the User understand what information we collect, why we collect it, and how he/she can update, manage, export, and delete his/her information.

Romcrew or the Society: means Romcrew Sourcing & Profiling SRL, a Romanian company identified by reg. no.: J40/11523/31.08.2016, Bucharest Romania, specialized in web portal activities, data processing, web page administration and related activities;

Services: means the Services provided by the Society, as described in art. 4 of the Terms and Conditions.

Terms and Conditions: means the present terms and conditions that governs the relation between and the Society and the User;

User: person that uses the Website, with or without creating a valid account and with or without being a Candidate;

Website: means our website, https://www.romcrew.com/ and/or our mobile device application.



3.Binding Agreement.


The Terms and Conditions (as they may be amended from time to time by the Society), form a binding agreement between the User and Romcrew. In order to use the Website and benefit from the Services, please express your agreement to the Terms and Conditions by signing at the bottom of this page "I have read and agree to the Terms and Conditions”. Please note that even if you fail to review the Terms and Conditions, but use the Website, we will assume that you have accepted the Terms and Conditions (including any updates to them). If you do not agree with the provisions of the Terms and Conditions (including any updates to it), please do not use or discontinue use of the Website and end collaboration with Romcrew. Your access to or use of the Website or of the Services indicates your acceptance of the Terms and Conditions.



4. Romcrew Services.


The Society provides to Users access to a database of Activity Offers and the possibility for the Users to apply for the Activity Offer they consider they are qualified for. The Services are addressed to individual Users, natural persons who are looking for career opportunities in ship building, ship repairs, improvements, and retrofits domain. The Services does not include: (i) the pre-selection or, as the case may be, the selection of the Candidates according to the requirements of the Activity Offers and in accordance with their training, skills and interests, (ii) advice and guidance for concluding the specific type of agreement (e.g. service agreement, employment contract etc), (iv) translations of documents, (v) any other activities related to the above.

The Services does not represent a mediation agreement, as defined by Law no. 156/2000 related to the protection of Romanian citizens working abroad.



5. Access to Services.


Once the User applies for an Activity Offer, he/she becomes a Candidate.

After receiving the application of a Candidate, the Society shall verify if the Candidate meets the formal conditions requested by the provider of the Activity Offer and shall inform the Candidate within 48 hours about the results. If the Candidate ' s application is confirmed to be valid, the Candidate shall send an assessment of his/her CV veracity issued by a third party. If the Candidate does not send the veracity assessment or if the Candidate sends an assessment stating that the CV contains false or incomplete information, his/her application will be automatically rejected. If the Candidate sends an assessment confirming that his/her CV is complete and correct, the Society will validate his/her application and will send the Candidate the necessary contact information of the Activity Offer provider. After this moment, the Candidate can contact the Activity Offer provider and apply directly for the concerned position. At this moment, the activity of the Society in connection with the respective Candidate ends.



6. Rights and obligations


By accepting the Terms and Conditions the User understands and agrees that:

i. the User is solely responsible for any information submitted by him/her to the Website and/or Activity Provider. The User is responsible for ensuring that all information supplied by him/her is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trademark or other intellectual property rights of any person in any jurisdiction;

ii. the User must not under any circumstances seek to undermine the security of the Website or any information submitted to or available through it. In particular, but without limitation, the User must not seek to access, alter or delete any information to which he/she does not have authorized access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of the Website or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Website;

iii. the User is also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to the Website;

iv. the User is responsible for updating, when necessary, his/her registration data in order to be true, accurate and complete at all times. The User agrees to make this update no later than 30 days from the date the changes occurred;

v. the User agrees to receive updates and information on Whatsapp app unless otherwise specified by the User;

vi. The Society is not an employment agent;

vii. The Society will not verify the veracity of the CV uploaded by the Candidate;

viii. The Society will not mediate the conclusion of the contracts between the Candidate and the Activity Offer provider;

ix. The Society will not examine, test or interview the Candidate. The evaluation and the selection of the Candidates will be made exclusively by the Activity Offer provider or by a third party;

x. The Society will not draw up and manage the personnel file of the Candidate and the related documentation;

xi. The Society will not be involved in the negotiation or the conclusion of the contract concluded between the Candidate and the Activity Offer provider;

xii. The Society is not responsible in any way for the information and data posted, broadcast or transmitted by the Candidate or by the Activity Offer providers. At the request of a User or by the Activity Offer provider, the Society may investigate and verify the claims and decide whether such information should be removed;

xiii. The Society will not bear any costs: (i) in connection with the transport and accommodation of the Candidates to, respectively in the locality where the position mentioned in the Activity Offer is located; (ii) related to repatriation; (iii) arising out of or in connection with the contract concluded with the Activity Offer provider; (iv) testing or evaluation of any kind of the Candidates, (v) translation of the documents related to the conclusion of the contract concluded with the Activity Offer provider, (vi) translation of the documents related to previous discussions between the Candidate and the Activity Offer provider; (vi) necessary for the conclusion of the contract between the candidate and the potential Activity Offer provider;

xiv. The Society reserves the right to remove any information supplied by the User from the Website at its sole discretion, at any time and for any reason without being required to give any explanation.



8. Personal data protection


The Society takes the confidentiality of the personal data of the Users seriously. The privacy policy and the aspects regarding the way in which the Society processes the personal data of the Users are described in the section Privacy Policy.The User can choose to delete his/her account, in which case he/she will not be able to apply for any Activity Offer.



9. Intellectual Property Rights and Acceptable Use of the Website and Services


The Website, any materials provided by Romcrew and all right, title and interest in and to the Website or in the materials provided by Romcrew are the sole property of the Society or its licensors, and are protected by Romanian, European Union and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted in the Terms and Conditions, the Society reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, the User may not reproduce, modify, display, sell, or distribute the content of the Website of any materials provided by Romcrew, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Website; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Website other than the search engine and search agents available from Romcrew; and (c) aggregating, copying or duplicating in any manner any of the content or information available from the Website, without the express written consent of the Society. The use of the content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Society hereby grants for the Users a limited, terminable, non-exclusive right to access and use the Website only for personal use seeking Activity Offers. This authorizes the Users to view and download a single copy of the material on the Website solely for his/her personal, noncommercial use. The User is solely responsible for the content of any document he/she posts on the Website and any consequences arising from such posting. The use of the Website is a privilege. The Society reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion. The Society welcomes the Users' comments regarding the Services and the Website and appreciates hearing from them. However, the Society does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If a User submits feedback on the Services, he/she shall be specific in his/her comments and not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, an User sends the Society creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), he/she understands and agrees that the User Submission shall become the property of the Society. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on the Society's part, and the Society will not be liable for any use or disclosure of any User Submission. The Society shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial, or otherwise, without compensation to the User or any other person.



10.Third party services


On the Website the User will be offered automatic links to other sites which we hope will be of interest. The Society does not accept any responsibility for or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with the Society. Using automatic links to gain access to such sites is entirely at the User's own risk.



11. Warranty, disclaimers and liability


The Website is provided on an 'as is' basis without any warranties of any kind, express or implied. The Society, to the fullest extent permitted by law, disclaims all warranties, including, but not limited to, the warranties of merchantability, title, non-infringement of third parties' rights, and fitness for a particular purpose. The Society makes no warranties about the accuracy, reliability, completeness, or timeliness of the sites. Without limitation on the foregoing:

i. The Society does not warrant that the Website will operate error-free or that the sites and their servers are free of computer viruses or other harmful mechanisms;

ii. The Society makes no representations or guarantees regarding the effectiveness of the Services or timeliness of the Services in meeting the Candidate's objectives in relation to the Activity Offers;

iii. The Society does not guarantee that the Services will result in Candidates concluding a contract of any type with the Activity Offers providers, positions being filled or employees being retained, and is not responsible or liable for any business, employment, hiring and/or salary decisions, for whatever reason made by the Candidates;

iv. Although it makes every effort to ensure the quality and accuracy of the data published on the Website, the Society does not guarantee the content or the correct, complete and up-to-date nature of the information presented in the Activity Offers posted by Activity Offer providers on the Website;

v. The Society is not liable for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from the use of the Website and the Society hereby excludes any such liability, whether in contract, tort (including for negligence) or otherwise. The Society hereby excludes all representations, warranties and conditions relating to the Website and the Users' use of it to the maximum extent permitted by law;

vi. The User agrees to indemnify the Society and keep it indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by the User of the Website. The User must notify the Society immediately if anyone makes or threatens to make any claim against the User relating to the use of the Website.



12. Notices


Any notification to the Society by an User must be sent in writing, by e-mail, to office@romcrew.com . Unless the User communicates any changes, the Society will send any notifications, by email, to the contact details provided by the User.



13. Amendments to the Terms and Conditions


The Society reserves the right to suspend, modify, add or delete portions of the Website content at any time. The Society also reserves the right to restrict Users' access to some or all of its content. The Society may, without further notice or formality and without requiring an explanation of its attitude, suspend or terminate the User's access to the content of the Website or any part of such content. In this regard, the Society may block access to, use of, or use of any of its other Services, or remove and delete any material from the Services for any reason. The Society may also, at any time and without notice, discontinue the provision of the Services, or any part thereof, with or without notice. The Society reserves the right to periodically update the Terms and Conditions (for example, but not limited to the need to comply with changes in legislation or services provided by the Society). Users will be notified of any updates / changes to the Terms and Conditions and will be asked to agree to the updated Terms and Conditions. The refusal to accept the updated Terms and Conditions will result in termination of the contract between the concerned User and the Society, therefore the concerned User will no longer be able to use the Website and / or the Services.



14. Choice of law and jurisdiction The Terms and conditions, the use of the Website, the relation between the Society and the User, as well as any agreements entered into through the Website, are to be governed by and construed in accordance with Romanian law. The courts of Romania are to have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of the Website or any agreement made through the Website



15. Force Majeure


The Society will not be liable for any delay or error in the content provided by the Website, resulting directly or indirectly from causes beyond the control of the Society. This exemption includes, but is not limited to: malfunctions of technical equipment, failure of internet connection, malfunction of telephone connections, computer viruses, unauthorized access to the Society's systems, operating errors.



16. Miscellaneous If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.



The Terms and Conditions are effective as of October 01.11.2016

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