The Following Describes the Terms on which the Sailors Club offers you Access to our Services and Site.
This Service Agreement (“Agreement”) constitute an agreement, which describes the terms and conditions applicable to your use of sailors-club.net services and site “Sailors Club”,which is owned and operated by Sailors Club Marine Solutions Llc,registered in Delaware,USA.
We may update this Agreement from time to time without giving notice to you.(though we intend to constitute a Steering committee in future for the terms and conditions related matters, which itself would be elected by the members of the Sailors Club. Read our discussion)
You can review the most current Agreement athttp://www.sailors-club.net/terms-and-conditions
Membership Eligibility: Our services are available only to individuals who qualify as someone genuinely related to wider global Maritime Industry or someone related to him/her under applicable laws. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.
Fees and services: Joining and bidding on items at Sailors club is free. Only booking the advertisements will be chargeable and is incorporated by reference. We may change our fees and credits policy for our services from time to time. Our changes to the policy are effective after we provide you the notice of the changes by posting the changes on our site or deliver them to you by e-mail. When you list an item, you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event, we introduce new services; the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in the link, which will be applicable to you.
3.1 Overview: We are a social networking based business website for maritime community called Sailors Club. The idea behind this venture is to bring seafarers , ship managers(who manage the merchant ships on behalf of her owners) and all other players in the industry, like Ship owners, Charterers(who take the ship on lease to operate, as they have shippers who want to transport cargos or passengers),Shippers(who have cargo owners in their contact and they may have export and import licenses of their nation) and others on a single platform and to create the value for the users by letting them to connect in the social networking’s fashion, while also providing specialized tools for their needs as per their roles in Marine industry(like employers can post the jobs which seafarers can apply and likewise Marine Training academies can post their courses as well).
To accomplish the needs of seafarers a global list of Marine employers is also provided which a member(SEAFARER) can review and comment on.
A wiki platform for sharing shore leave experiences in the ports around the globe is the most famous section of our website,
Sailors Club intend to bring this fragmented global community on one platform and constitute a Democratic and Vibrant Community (we are also drafting a” Constitution of Sailors Club” with each mass mail written to all of them towards a single point of the draft)
We stand upright to give a level playing field to all the members of the Maritime Community, whether they are “Ultra-rich Ship-owners” or a “middle class hard working Ordinary Seaman”.
We wish to give them various tools to express their views with each other……. one has right to comment and re-comment on all the things displayed in the site.
We are aware that the community is made by humans and they have various interests apart from the profession and to put ourselves as a human centric/ democratic CyberSociety.
In today’s crewing scenario where the seafarers and especially officers migrate very often from one company to another, it’s worthwhile to look into the real causes. Being a seafarer myself, I believe it’s basically the due to lack of emotional attachment to the employers and lack-age of sense of belonging. Looking into the demography of the native places of seafarers, it’s a much rarefied community which can truly be called a community, if only they are on-board or in fact online at a place on internet.
Sailors Club presents a very unique platform online where users from various categories and class of Maritime industry are brought together and where they may also do business with the unique tools we provide them category wise.
Being an internet company we do cutting edge publicity online and search engine optimization to bring relevant Maritime user’s traffic and techniques to engage the users and collaborating with us would prove to be a wise strategy of global brand building for the maritime organisations, without any monetary investment but just by smartly adapting our collaborative online channel.
Sailors Club Marine Solutions LLc,
ONE COMMERCE CENTRE1201,Orange street,#600,Wilmington,Delaware,19899,USA
SUBSIDIARY ADDRESS 1( Virtual address):
Sailors Club Marine Solutions LLc,
616 Corporate Way, Suite 2-6798,Valley Cottage,New York,10989,United States of America
SUBSIDIARY ADDRESS 2 (Operation Center):
Sailors Club Marine Solutions LLc, 6th floor, Sadoday Complex, Near Darodkar Chowk Central Avenue Road, Nagpur, India | Phone: (712) 276 19 43
Skype id : sailorsclub
Facebook page : https://www.facebook.com/sailorsclub/
What do we solve :
In this world of so called modern age of Information technology, information remains very much fragmented. Maritime Community presents a more complex scenario as far as the Information and connection is concerned. The members happen to be few in each country but in all the nations which are NOT landlocked. In this era of Web 2.0,the social media tool has proved its potential. Many individuals and entities are choosing to do the business in this human centric interface of the Work Computer.
3.2 Safe trading: Because user authentication on the internet is difficult, sailors club cannot and does not confirm each user’s purported identity. Thus, we have established a user initiated feedback system to help you evaluate who you are dealing with. We also encourage you to communicate directly with potential trading partners. You may also wish to consider using a third party to escrow services.
3.3 Release: Because we are not involved in the actual transaction between buyer and sellers, in the event that you have a dispute with one or more users, you are requested to get in touch with Saliors club and our officers, HR’s, directors, agents, subsidiaries and employees from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out or in any way connected with such disputes. Our team will surely interfere into it to reel out the disputes.
3.4 Information Control: We do not control information provided by other users, which is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate or deceptive. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.
3.5 Activities of the Members: Members are supposed to get connected to each other for the business, educational and social purposes related to wider Maritime Industry. All users to supposed to put updated information in their profiles and several other category of members are given business tools like job posting and managing tools, Academy pages, etc. to promote their Maritime businesses and requirements. Members are prohibited from taking money in lieu of employment to a seafarer as encapsulated under the provisions of the Merchant Shipping Act and other relevant statutes.
Listing and Selling: You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinafter referred to as ‘the content’), whether publicly posted or privately transmitted are the sole responsibility of the person from which such content originated. This means that you, and Sailors Club are entirely responsible for all content that you upload, post, e-mail, transmit or otherwise make available through our service or on our site. Sailors Club does not control the content posted through the service or on the site and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the service or the site, you may be exposed to content that is/are offensive, indecent or objectionable. Under no circumstances, for any loss whatsoever, the Sailor Club may be held liable for losses incurred on these elements/contents.
4.1 Listing Description: Listings may only include text descriptions, graphics and pictures you supply to our site, or that you link from our site, that describe your item for sale or for which you are soliciting offers to buy. All listed items must be listed in an appropriate category.
4.2 Fraud: Without limiting any remedies, Sailor Club may suspend or terminate your account if you are found, by conviction, settlement, or other investigation, to have engaged in any fraudulent activity in connection with our site.
4.3 Intellectual Fraud: Sailor Club does not allow any listed items, which may infringe upon any patent, copyright, trademark, trade secret or other intellectual property rights of any third parties. Third parties can also report infringing items to Sailor Club.
4.4 Prohibited Activities: You agree not to use our service or site to:-
(a) Upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or radically, ethically or otherwise be construed to be objectionable;
(b) impersonate any person or entity, including, but not limited to, a Sailor club official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content listed on the site or service;
(d) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(e) advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
(f) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than normal, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(h) interfere with or disrupt the service or services network connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service.
(i) "stalk” or otherwise harass another user or third party.
(j) collect or store personal data about other users.
5. Your Information:
“My Collectibles Information” is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area, including the feedback area, or through any email feature. You are solely responsible for your my collectibles information, and we act as passive conduit for your online distribution and publication of your my collectibles information.
5.1 My Collectibles Information, or any items listed therein: (a) shall at all times provide true, current and complete information about yourself; (b) shall be maintained and promptly updated to keep it true, accurate and complete; (c) shall be maintained and promptly updated to keep it true; (d) shall not be fraudulent or involve the sale of counterfeit or stolen items; (e ) shall not infringe any third party’s copyright, patent, trademark, trade secret, proprietary rights or confidential information; (f) shall not violate any law, statute, ordinance or regulation, including without limitation those governing export control, consumer protection, intellectual property, unfair competition, anti-discrimination or false advertising; (g) shall not be obscene or contain child pornography; (h) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to or cause any damage, interfere with, intercept or expropriate any system, data or personal information; (i) shall not create liability for us or cause us to lose, in whole or in part, the services of our ISPs or other suppliers; and (j) shall not include descriptions of or link directly or indirectly to goods or services that: (1) are prohibited under this agreement; (2) are identical to other items you have up for auction but are priced lower than your item’s reserve or minimum bid amount; or (3) you do not have a right to include or link to.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Sailors Club services and site, including payment and delivery of related services or goods, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Sailors Club shall not be held responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.
7. Proprietary Rights
You acknowledge and agree that the service, the site and any necessary software used in connection with the service or the site (“Software”) contain proprietary and confidential information of Sailors Club that is protected by intellectual property and other applicable laws. Except as expressly authorized by Sailors Club or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivate works based on the service or the site or the software, in whole or in part. Sailors club grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer: provided that you do not copy, modify, create a derivative work of, reverse engineer, reverse assemble, grant a security interest in or otherwise transfer or form, or to use modified version of the software, including (without limitation) for the purpose of obtaining unauthorized access to the service on the site. You agree not to access the service or the site by any means other than through the interface that is provided by sailors club for use in accessing the service or the site.
8. Access and Interference:
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Sailors club by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for my collectible information) from our web site without our prior expressed written permission. You agree to register under your true name using a valid e-mail address and update this information as it may change. You agree to refrain from spamming any user of this site and not to compile a list of any users or e-mail addressed from this site for any purpose whatsoever. Such will result in immediate termination of your account and ability to use our site.
9. How the Members should behave, their respective rights and limitations:
Code of Conduct
Sailors Club is an Apolitical, non-religious and human community. Articles and comments posted by the members should be of Maritime in nature. But a true human is not confined to his profession and business…So would be the Sailors Club……but even then violence, pornography, and hate mongering is not allowed in the community. ”Non-maritime” spammers will also be deleted fully from the website, but the Maritime community related (not just maritime keyword) spams will be tolerated upto some frequency .
Disciplinary action by management for members : We the management of Sailors Club,reserve the right to take back any of the functionality from the user and even deleting him altogether.Though in future we intend to build a Steering Committee of the Sailors Club….consisting of the community members only, after that then the management would forward the matter of severing any membership, before the steering committee before using this right.
10. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You may not take any actions that may undermine the integrity of the feedback system. If you earn net feedback rating of -5 (minus five), your membership will be automatically be suspended, and you will be unable to take any part in our site.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, if: (a) you breach this agreement or the documents it incorporate by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your access to the service under any provision of this agreement may be effected without prior notice, and acknowledge and agree that Sailors Club may immediately deactivate and/or delete your account and all related information and files in your account and/or bar any further access to such files or the service for which we or any of our affiliates, shall not be held liable or responsible.
Sailors Club is dedicated to building a platform for the maritime industry and anyone involved in this domain. In this world of so called modern age of Information technology, information remains very much fragmented. Maritime Community presents a more complex scenario as far as the Information and connection is concerned. The members happen to be few in each country but in all the nations which are NOT landlocked, and they try to connect themselves in various social networks and ae mostly Unknown to others in the community but works in different sphere of the Industry and location.
14. No warranty:
WE AND OUR AFFILIATES/SUPPLIERS/FRANCHISES PROVIDE OUR WEB SITE AND SERVICES ON AN “AS IS” AS AVAILABLE BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY; AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
15. Limitation of Liability:
IN NO EVENT SHALL WE AND OUR AFFILIATES/SUPPLIERS/SUBSIDIARIES/OFFICIALS/OWNERS/PARTNERS/DIRECTORS/AGENTS/EMPLOYEES/FRANCHISES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAILORS CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE OR ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS Agreement, HOWEVER ARISING, INCLUDING NEGLIGENCE. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
16. Trademark Information:
Sailors club statute and logo, BCC, BC and other Sailor clubs logos, product and service names are trademarks of Sailors Club Marine Soltions,LLC. Without Sailors club prior expressed permission, you agree not to display or use in any manner, its trademarks.
You agree to indemnify and hold Sailors club and its subsidiaries, affiliates, officials, owners, directors, agents and other employees, by harmless from any claims or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement.
18. Legal Compliance:
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding, listing, purchase, solicitation of offers to purchase and sale of items listed herein.
19. No Agency:
You and Sailor club are independent contractor, and no agency, partnership, joint venture, franchiser-franchisee relationship is intended or created by this agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Sailors Club (616 Corporate Way, Suite 2-6798, Valley Cottage,New York,10989,United States of America) or e-mail address you provide to Sailors club during the registration process. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Sailor club during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any controversy or claim arising out of or relating to this agreement or our services shall be settled by binding arbitration in accordance with the Arbitration Act. Any such controversy or claim shall be arbitrated strictly by our arbitration team spearheaded by our Attorney firm “S. Dutt, Solicitor & L.L.B.” having its corporate office at 8, Old Post Office Street, (2nd floor) Kolkata 700 001 and branch office at 30, Ram Kanai Adhikary Lane, Kolkata – 700 012.
This agreement shall be governed in all respects by the laws of the India . Sailor club and you agree to submit to the personal and exclusive jurisdiction of the Courts of India. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be null and void and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to subsequent or similar breaches, does not waive our right to act with respect to subsequent or similar breaches. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our service, site or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Disclaimer for Interactive Services
TERMS AND CONDITIONS
sailors-club.net maintains the interactive portion(s) of their web site as a service free of charge (subject to change). By using any interactive social services provided herein, you are agreeing to comply with and be bound by the terms, conditions and notices relating to its use.
1. As a condition of your use of this Web-site and the interactive services contained therein, you represent and warrant to that you will not use this web site for any purpose that is unlawful or prohibited by these terms, conditions and notices.
2. This web-site contains one or more of the following interactive services: bulletin boards, chat areas, new groups, forums, communities and/or other message or communication facilities. You agree to use such services only to send and receive messages and material that are proper and related to the particular service, area, group, forum, community or other message or communication facility. In addition to any other terms or conditions of use of any bulletin board services, chat areas, new groups, forums, communities and/or other message or communication facilities, you agree that when using one, you will not:-
3. sailors-club.net has no obligation to monitor the bulletin board services, chat areas, new groups, forums, communities and/or other message or communication facilities. However, sailors-club.net reserves the right at all times to disclose any information deemed necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
4. You acknowledge that communications to or with bulletin board services, chat areas, new groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. sailors-club.net does not control or endorse the content, messages or information found in any bulletin board services, chat areas, new groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation.
5. The information, products, and services included on this web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. sailors-club.net may make improvement and/or changes in this web site at any time. Advice received via this web site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
6. sailors-club.net MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
7. sailors-club.net HEREBY DISCLAIMS ALL WARRANTIES CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB-SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR TITLE, AND NON-INFRINGEMENT.
8. IN NO EVENT, SHALL sailors-club.net BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED:-
WITH THE USE OR PERFORMANCE OF THIS WEB SITE;
WITH THE DELAY OR INABILITY TO USE THIS WEB SITE;
WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF sailors-club.net HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
9. DUE TO THE FACT THAT CERTAIN JURISDICTION DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS/COVENANTS OF ITS USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.
10. sailors-club.net reserves the right in its sole discretion to deny any user access to this web site, any interactive service herein, or any portion of this web site without notice, and the right to change the terms, conditions and notices under which this web site is offered.
11. This agreement is governed by the laws of the West Bengal, India. You hereby consent to the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of this web site. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You further agree that no joint venture, partnership, employment or agency relationship exists between you and sailors-club.net as a result of this agreement ot use of this web site. The performance of this agreement is subjected to existing laws and legal process, and nothing contained in this agreement is in derogation of its right to comply with governmental, court and law enforcement requests or requirements relating to your use of this web site or information provided to or gathered with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
12. This agreement constitutes the entire agreement between the user and sailors-club.net with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.
13. sailors-club.net all contents of this web site are copyright(ed).
Dated: 8th August, 2014