All the legal stuff
“Please be aware that we will not be held liable in any way for the conduct of our users.”
These terms and conditions (the “Terms and Conditions”) govern your use of the www.crewyou.net website (the “Website”) and your relationship with the owner and operator of the Website, Crew You Ltd (referred to as “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions please do not register for or use the Website.
The Website is provided to you for your business use subject to the Terms and Conditions. By using the Website you agree to be bound by the Terms and Conditions.
We may update the Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any changes will be notified to you via a suitable announcement on the Website. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.
3.1 Registration on the Website is permitted to persons over the age of 16 years only. We may restrict access to some parts of our site, or our entire site, to users who have registered with us and we will not be liable if for any reason our site is unavailable at any time or for any period.
3.2 When using our site, you must comply with the Terms and Conditions.
3.3 You are responsible for making all arrangements necessary for you to have access to our site, including ensuring that you have appropriate equipment from which to access the site.
3.4 It is your responsibility to ensure that all information we hold about you is accurate. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of the Terms and Conditions, and that they comply with them.
3.5 You are not permitted to attempt to gain unauthorised access to other computer systems through the Website.
4.1 When you register to use the Website you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone.
4.2 To register for use of the Website you shall provide a valid email address and mobile phone number. In accordance with 3.4, you shall ensure that the email address and mobile phone number you provide us are accurate and up-to-date. You agree that we can provide this information when a booking is made to ensure prompt communication.
4.3 If we have reason to believe that there is likely to be a breach of security or misuse of the Website and/or your account, we may require you to change your password or we may suspend or disable your account.
4.4 Should you cancel your account you should continue to keep your password confidential, as your account may be re-activated on request.
4.5 Should you make personal information available on public areas of the Website then you are deemed to have agreed that other users may view and use such information.
4.6 We shall not disclose your personal information to third parties, except in accordance with 4.2 and 8.7.
5.1 The content of the Website is protected by copyright, trade marks, database rights and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen. However storage in any form, including electronic form, is strictly prohibited. You may not reproduce, modify, copy or distribute or use for commercial purposes, any of the materials or content of the Website without written permission from us.
5.2 If you make use of the Website, except as provided in 5.1, you may violate copyright and other national or international intellectual property laws and may be subject to liability for such unauthorised use.
5.3 You also agree and acknowledge that any submissions which you make to the Website become our property and may be used in any manner by us. Submissions made to the Website are not deleted upon cancellation of your account and shall continue to be our property.
6.1 Registering for use of the Website will not result in any contractual rights of any kind between you and us until payment has been received by us. Prior to payment being made we may decline to provide the on-line services to you without giving any reason.
6.2 For details of our prices, see here. Prices shall be displayed in pounds Sterling (£). Payment of the subscription price shall be made by Paypal account. The price displayed in pounds sterling will be converted to your national currency, as recognised by your Paypal account. We shall not be liable to refund any difference resulting from changes in the exchange rate.
6.3 If, by mistake, we have under-priced a service, we will not be liable to supply that service to you at the stated price provided that we notify you within 28 days.
6.4 All prices are expressed inclusive of any VAT payable unless otherwise stated.
6.5 Subscription fees are strictly non-refundable. We reserve the right to cancel your account (including an advertising account) at our absolute discretion, at any time and we are not obliged to make a refund of your subscription fees. If you cancel your account and choose to reactivate it within the subscription period and have valid credits then you may do so. If you choose to reactivate your account outwith the previous subscription period then you must pay a new subscription fee as applicable at the time.
6.6 We may offer free trial memberships to new members. These shall be available for the time stated on the relevant notice displayed on the Website. If you apply for a trial membership, we can decline your application with no requirement to provide any reason for doing so. The length of the trial period may be subject to change without notice being given to you. We reserve the right to delete a user’s account during that trial period if we believe the user has breached the Terms and Conditions.
6.7 Users may be offered the opportunity to continue their membership by payment of the relevant subscription fee. However we are not obliged to renew your account or provide any reason for failure to do so.
6.8 During the trial period users shall have full access to the Website members’ service. Failure to pay the subscription fee at the end of the trial period shall prevent the user from making or applying for any further shift postings. The user will still be entitled to view and edit postings made during the trial period.
6.9 Users are not permitted to apply for more than one trial period.
6.10 Advertising agreements are sold on a monthly basis, being 28 days from the date the advert is posted on the site. We have the right to increase fees applicable to advertising on the site without notice. This does not apply to users with whom we have entered into an agreement for pre-paid advertising for the duration of that agreement. We are not obliged to renew a user’s advertising contract upon the expiry of an existing agreement.
7.1 We do not make any warranties or guarantees in relation to the accuracy or reliability of any information on the Website. If we are informed of any inaccuracies we will attempt to correct them as soon as we reasonably can.
7.2 We will not be liable in relation to inaccurate postings. Users accept bookings at their own risk.
7.3 We provide an introductory service only. We are not an employment agency. As such we are not responsible for the creation of employment relationships or contracts between the parties.
7.4 We will have no liability for business losses such as lost profits or business interruption.
7.5 We do not make any guarantees in relation to the operation of the Website on all software and/or hardware and are not responsible for any malfunctions or other adverse events that may occur from your use of the Website.
7.6 We make no warranty as to whether users are employed or self employed or whether they may become employed through any engagement through the Website.
8.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must not act in such a way as inhibits or restricts any other user from using the site. You shall not upload any material containing any viruses, malware, spyware or programme of similar nature.
8.2 You warrant that you shall not commit any offence through the site or post any content on the site which is illegal, offensive, obscene, defamatory, fraudulent or otherwise contrary to the Terms and Conditions and you indemnify us for any breach of that warranty.
8.3 You shall not reproduce, upload or distribute another user’s personal information or details of shifts listed on the site to other individuals or in any other place whatsoever.
8.4 You shall not use this site to send S.P.A.M or any other form of advertising to other users, apart from advertising authorised by us as part of your subscription. We have the right to refuse to submit any advertisement, if in our sole discretion it is deemed unsuitable for the site.
8.5 We reserve the right to view the content of all private messages between users in addition to all public content. We have the right to remove any material or posting you make on our site if, in our opinion, such material is in breach.
8.6 If a complaint is made about you by another user we shall be entitled to investigate the matter and moderate between the users. We shall not be obliged to take any further action, but we reserve the right to delete your account without refunding your subscription fee.
8.7 Any public material you upload to our site will be considered non-confidential and non-proprietary. You warrant that any such material is original to you and that third party proprietary rights do not exist in the material. Such material may be visible via search engine results. We do not have control over the content of these searches and do not accept responsibility for the content of those search results.
8.8 You are hereby deemed to grant us a non-exclusive, royalty-free license to use, modify, publish and display your material and to incorporate such material in any other form in other works. You are deemed to have waived all rights in such material.
8.9 We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy, or as necessary to satisfy any law, regulation or other governmental request and to protect us and our other users.
8.10 Cancelled accounts are made dormant. The information is not deleted from our databases. Any material contained in your dormant account, which you uploaded while your account was active, shall continue to be subject to the terms and conditions.
9.1 We do not verify personal information provided by users and we do not accept responsibility for inaccuracies or failure to hold qualifications, skills or experience claimed by users.
9.2 We will not be liable for failure by a user to attend a shift or for late attendance for a shift, as booked through the Website, or for the quality of work carried out by that user. We will not be liable for failure of the user to make arrangements and ensure that they have obtained the necessary travel or other documentation to be able to attend the shift(s).
9.3 We are not responsible for any damage or injury caused by or to a user in the course of their work. It is your responsibility to ensure that adequate insurance is in place to indemnify you against such loss (including, but not limited to Employers’ Liability Insurance).
9.4 Due to the nature of the Website we cannot guarantee suitable matches. Neither can we guarantee that adverts or availability requests will be responded to.
9.5 In relation to offers involving foreign travel by the freelancer accepting the shift it is your responsibility to agree with them any contributions you shall make to their travel and/or accommodation costs.
10.1 We make no enquiries of those who have accounts with us or their working conditions. It is your responsibility to make enquiries of potential employers as you see fit.
10.2 We do not make any warranties or guaranties in respect of the working conditions in relation to bookings made on the Website (including but not limited to rate of, or ability to, pay) or the type of role required.
10.3 We are not responsible for any changes in the timing of shifts or cancellations.
10.4 As an introductory service only, payment for shifts shall not be made through the Website. You are responsible for invoicing the employer for shifts booked and you should seek independent legal advice should an employer fail to pay you in accordance with that invoice. We shall not provide mediation services for any dispute between you and an employer.
10.5 Due to the nature of the Website we cannot guarantee that you will receive a response to your notice of availability.
10.6 If you accept an offer outwith your country or state of residence it is your responsibility to ensure that you have valid travel and work permits.
11.1 The Terms and Conditions will be subject to the laws of Scotland. We will try to resolve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the jurisdiction of the Scottish Courts.
12.1 You may not transfer any of your rights under the Terms and Conditions to any other person. We may transfer our rights under the Terms and Conditions to another business where we reasonably believe your rights will not be affected.
12.2 If you breach these Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
12.3 We shall not be responsible for any breach of the Terms and Conditions caused by circumstances beyond our reasonable control.
12.4 This Website is owned and operated by Crew You Ltd, a company incorporated under the Companies Acts (registered number SC404472) and having its registered office at 32C Baldovan Terrace, Dundee, Scotland, DD4 6LS.
12.5 If you have any queries please contact admin at crewyou dot net or write to us at 17 Lily Loch Road, Stonehaven, Scotland, UK, AB39 2WB.