Terms of Seafarers Mobile Application

The seafarers mobile application and the services accessible through the application (“App”) supports seafarers to update their personal profiles and manage their mobilisation process (getting onboard vessels) and rotation planning.

By downloading and accessing the App you agree to these terms which will bind you. These terms apply to the App, including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App, the terms of an open-source licence may override some of these terms.  If you do not agree to these terms, we will not provide the App to you and you must terminate the downloading process and delete the App.

The App is provided by subsidiaries and affiliates of V.Group Holdings Limited (“we” or “us”).  By using the App, you are agreeing to these terms.  Please read them carefully.

In consideration of you agreeing to abide by these terms, we grant you a non-transferable, non-exclusive licence to use the App including without limitation on mobile telephone or handheld devices used to access the App (the “Devices”).  You may download a copy of the App onto a Device and view, use and display the App on the Device.

Using the App
Some functions of the App may require you to register by selecting a unique user identification (“User ID”) and password, and providing certain information about yourself. In registering as a user, you represent and warrant that you are of legal age to form a binding contract, and agree to provide accurate, current, and complete information about yourself as prompted, and to maintain and promptly update the information to ensure that it remains accurate, current, and complete. If you provide any information that we believe to be inaccurate, not current, or incomplete, or if you select a User ID that we, in its sole discretion, finds offensive or inappropriate, we have the right to suspend or terminate your account and refuse any and all current or future use of the App.

You agree to keep your password confidential and to only log in with your User ID and password, ensure that you exit from your account at the end of each session, and immediately notify us of any unauthorised use of your User ID and/or password. You are fully responsible for all activities that occur under your User ID.  We will not be liable for any loss or damage arising from your failure to comply.

You must follow any policies made available to you within the App.

You must not misuse the App, for example, by interfering with the App or trying to access it by using a method other than the interface and the instructions that we provide.  You may use the App only as permitted by law, including applicable export and control laws and regulations.  We may suspend or stop providing the App to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

The App displays some content that is not ours.  This content is the sole responsibility of the entity that makes it available.  We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. 

While we will use reasonable endeavours to ensure the quality of the content transmitted or otherwise made available through the App we cannot guarantee the truthfulness, authenticity, quality or accuracy of any such content.  We will we be liable for any content, including, without limitation, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available via the App.

We shall have the right (but not the obligation) in our sole discretion to refuse, change, delete, or re-categorise any content that is available via the App. Without limiting the foregoing, we shall have the right to remove any content that violates these terms or is in direct infringement of intellectual property rights (including copyrights, trademarks, service marks and the like) or is otherwise objectionable to us. Any decision to refuse access or to refuse broadcasting content is within the sole discretion of us, or our designees.

You agree not to collect or harvest any personally identifiable information or data, including User IDs, from the App, nor to use any communication systems provided by the App for any commercial solicitation purposes or attempt to decipher any transmissions to or from the servers running any App.  You understand that your content may be transmitted over various networks and changed to conform and adapt to technical requirements. 

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the content, software, materials, or any other aspect of the App in whole or in part.

In connection with your use of the App, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.

You agree not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

You will not rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App, or provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us

You will not make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs.

You agree not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing.

You will keep all copies of the App secure and maintain accurate and up-to-date records of the number and locations of all copies of the App.
You will include our copyright notice on all entire and partial copies you make of the App on any medium.

You must not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system.

You must not infringe our intellectual property rights or those of any third party in relation to your use of the App.

You will not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App.

You will not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

We only supply the App for private use. You agree not to use the App for any commercial, business or resale purposes.

When downloading and installing the App you may be presented with a list of permissions which detail the functions the App needs to access on the Devices.  You accept that the use of the App is conditional on the granting of such permissions by you.

By using the App, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Apps that are internet-based or wireless to improve our products and to provide any Apps to you.

The App may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

You may be charged by your service provider for internet access on the Devices and an active internet connection may be required to access the App. You accept responsibility in accordance with these terms for the use of the App on or in relation to any Device, whether or not it is owned by you.  If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

Intellectual Property Rights
You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with these terms.
You acknowledge that you have no right to have access to the App in source-code form.

Privacy, Data Protection and Copyright Protection
The App may store and process personal data that you have provided to us. Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the App. By using the App, you agree that we can use such data in accordance with such Privacy Policy.  You and we will also comply with all applicable Data Protection Legislation in respect of such personal data.

“Data Protection Legislation” means all applicable laws, rules, regulations, directives and governmental requirements relating in any way to the privacy, confidentiality, security, integrity or protection of personal data, including without limitation, the EU Data Protection Directive 95/46/EC and the EU ePrivacy Directive 2002/58/EC together with all national implementing legislation, the EU General Data Protection Regulation 2016/679, the UK Data protection act 2018, the Philippine Data Privacy Act of 2012 and its Implementing Rules and Regulations, and all other applicable data protection laws, in each case as amended or superseded from time to time.

Your content in the App
The App may allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content.
When you upload or otherwise submit content to the App, you give us (and those we work with) a worldwide licence to host, store, replicate and modify (such as making adaptations or other changes that we make so that your content works better with the App) such content.  The rights that you grant in this licence are for the limited purpose of operating and improving the App.

It is your responsibility to ensure that you have the necessary rights to grant us this licence for any content you submit to the App.

Software in the App
The App includes downloadable software.  This software may be updated automatically on your device once a new version or feature is available. 
We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by us as part of the App.  This licence is for the sole purpose of enabling you to use and enjoy the benefit of the App as provided by us in the manner permitted by these terms. 

Some software used in the App may be offered under an open-source licence that we will make available to you.  There may be provisions in the open-source licence that expressly override some of these terms.

Modifying and Terminating the App
We are constantly changing and improving the App.  We may add or remove functionalities or features and we may suspend or stop the App altogether.  We may also add or create new limits to the App at any time.  If the App is updated or amended you accept that your continued use is subject to your acceptance of any such updates or amendments.  We do not promise that we will always update the App so that it is relevant to you and/or works with the operating system version that you have installed on your Device. However, you promise to always accept updates to the App when offered to you.  We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination, and without liability, to you. 

We may terminate your access to the App immediately by notice to you if you commit a material or persistent breach of any of these terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so, or on thirty days notice.

On termination for any reason all rights granted to you in respect of the App shall cease, you must immediately cease all activities authorised by these terms and you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
You can stop using the App at any time. 

Our Warranties and Disclaimers
You expressly acknowledge and agree that use of the App is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

To the maximum extent permitted by applicable law, the App is provided “as is” and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.  We do not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content.  We do not warrant against interference with your enjoyment of the App, that the functions contained in the App will meet your requirements, that the operation of the App will be uninterrupted or error-free, that defects in the App will be corrected and we do not make any commitments about the content within the App.  No oral or written information or advice given by us or our authorised representative shall create a warranty.  Should the App prove defective, you assume the entire cost of all necessary servicing, repair or correction. We do not promise that the App will be updated and correct at all times. In addition we rely on third parties to provide information to us so that we can make it available to you and the availability or accuracy of such information cannot be guaranteed. 

Some jurisdictions provide for certain warranties, like the implied warranty of satisfactory quality, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

Liability for the App
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements. 

When permitted by law, we and our suppliers will not be responsible for lost profits, lost revenues or loss of data, financial losses or indirect, special, consequential, losses or damages to the fullest extent.

You will hold harmless and indemnify us and our affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the App or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.

To the extent permitted by law, the total liability of us and our suppliers and distributors for any claims under these terms including for your use of any App and any implied warranties, is limited to GBP30.

Nothing in these terms shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation and any other liability that cannot be excluded or limited by English law.

In all cases, we and our suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.

Business uses of the App
If you are using the App on behalf of a business, that business accepts these terms.  It will hold harmless and indemnify us and our affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the App or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.

Apple Device and Application Terms
If you use the App via a mobile application provided by Apple, Inc. (“Apple”) the following terms will apply:

  1. Both you and we acknowledge that this agreement is concluded between you and us only, and not with Apple, and that Apple is not responsible for the App, the application or the content;
  2. The application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the App for your private, personal, non-commercial use, subject to all the terms and conditions of this agreement, as they are applicable to the App.
  3. You will only use the application in connection with an Apple device that you own or control;
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application;
  5. In the event of any failure of the application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the application;
  6. You acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the application;
  7. You acknowledge and agree that, in the event of any third party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defence, settlement and discharge of any such infringement claim;
  8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  9. Both you and we acknowledge and agree that, in your use of the application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
  10. Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this agreement, and that upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

Google/Android Terms

We provide the App subject to any rules or policies applied by the Google Android application store from which you downloaded the App.

Force majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“force majeure event”).

If a force majeure event takes place that affects the performance of our obligations under these terms then our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the force majeure event and we will use our reasonable endeavours to find a solution by which our obligations may be performed despite the force majeure event.

Other Important Terms
We may modify these terms, for example, to reflect changes to the law or changes to the App.  You should look at the terms regularly.  We will post changes on the App.  Changes will not apply retrospectively and will become effective no earlier than fourteen days after they are posted.  However, changes addressing new functions for the App or changes made for legal reasons will be effective immediately.  If you do not agree to the modified terms for the App, you should discontinue your use of the App.

We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations.  You may only transfer your rights or obligations to another person if we agree in writing.

These terms govern the relationship between us and you.  Except as stated above, they do not create any third party beneficiary rights.

If you do not comply with these terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The courts in some countries will not apply the laws of England to some types of disputes. If you reside in one of those countries, then where the laws of England and Wales are excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of the laws of England will apply to any disputes arising out of or relating to these terms or the App.

Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in England, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the provision or use of the App will be litigated exclusively in the English courts, and you and we consent to personal jurisdiction in those courts.

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