This section of our Help Center covers the terms, conditions, and policies of Crewlist in plain legal English.
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DESCRIPTION OF SERVICES
3.5 We reserve the right, at our sole discretion, to alter, suspend or otherwise remove a Member's access to this Web Site and the provision of the Services to a Member for any reason. In the event of the above occurring all ongoing obligations of the parties under these terms shall remain in force, however we reserve the right to refund of any Subscription Fees in relation to this clause 3.5 as we deem appropriate.
SOFTWARE NOT PROVIDED
4.1 You are solely responsible for ensuring that you have sufficient and compatible hardware, software, telecommunications equipment and internet service to use this Web Site and the Services.
5.1 To register ("Subscribe") as a Member you must provide us with current, complete and accurate information as required, and you must pay the fee ("Subscription Fee") for the relevant level of Subscription as set out on the Web Site from time to time.
USERNAME AND PASSWORD
6.1 Upon Subscription, you will be issued with a username and password (collectively, "your account"). You agree to keep your account details confidential and acknowledge that you are wholly responsible for maintaining the security of your account.
6.2 You are solely responsible for any activity that occurs on your account, whether authorised or unauthorised. You must notify Crewlist immediately of any unauthorised use of your account.
6.3 You may be held liable for any losses incurred by Crewlist resulting from use of your account, whether by you or an unauthorised third party.
INFORMATION YOU SUBMIT
7.1 As a Member, as part of your Subscription, you may be entitled to or required to submit information to this Web Site ("Member Information").
7.3 You hereby warrant that any Member Information you submit to us through this Web Site is owned by you and that you have the necessary authority to submit such information.
7.4 As Member you further agree that you shall not submit or transmit Member Information through this Web Site or to us that:
(a) Is obscene, vulgar, or pornographic;
(b) Encourages the commission of a crime or violation of a law;
(c) Violates any state or federal law in the U.S., Australia, New Zealand and/or the jurisdiction in which you reside;
(d) Infringes the intellectual property rights of a third party;
(e) Is otherwise offensive or inappropriate based upon the type of content and information provided by us and/or third parties on this Web Site.
7.5 We reserve the right to remove or otherwise delete any Member Information that violates these rules, or which are inappropriate in our sole discretion, without liability to or warning to you.
7.6 We reserve the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold us harmless from any consequences or actions taken by Crewlist in cooperation with such law enforcement investigation or court order.
8.1 We shall use every endeavour to ensure that the Services are provided through a Web Site that is secure, however you acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you send to or through the Web Site may be read or intercepted by unrelated unauthorised third parties.
8.2 We shall have no liability for the interception or hacking of data through this Web Site by unauthorised third parties and any resulting loss to you or any other person or entity.
8.3 You accept and acknowledge that the security and protection of your computer systems, including your use of any virus detection software, is your responsibility. We shall not be liable to you for any loss or damage incurred as a result of you downloading files from our Web Site.
8.4 Payment of the subscription fee by credit card is processed through the Web Site of a third party and by making payment in such manner, you are agreeing to the terms and conditions of use of such third party's Web Site. We shall not be liable for any loss incurred to you through use of such third party's Web Site.
NO UNLAWFUL OR PROHIBITED USE
9.2 This Web Site may not be used in any way that violates any national or international laws or regulations and this Web Site may not be used for unlawful, illegal or fraudulent or harmful purposes.
9.3 You must not use this Web Site to copy, store, host, transmit, send, use, publish or distribute any material that can damage and/or disrupt this Web Site and/or any other user's use and enjoyment of this Web Site.
9.4 You must not conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this Web Site and you must not engage in any reverse engineering utilising this Web Site.
9.6 You shall be liable to Crewlist for all losses and liability incurred as a result, whether directly or indirectly, of your unlawful and/or prohibited use of this Web Site and you hereby indemnify and save harmless Crewlist against said losses and liability.
10.1 For the sake of clarity, reference to "this Web Site" in this clause 10 shall include any materials contained or published in the Services, accessed via this Web Site.
10.6 You are welcome to link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless we have consented to such form of association, approval or endorsement in writing. Without notice and without giving any reasons, we can demand the removal of a link to our homepage from your Web Site or other online forum and you must remove the link on demand being made.
THIRD PARTY WEB SITES
11.1 This Web Site may link you to other web sites ("Third Party Sites") on the Internet. Third Party Sites may contain information or material that some people may find inappropriate or offensive. Third Party Sites are not under the control of Crewlist, and you acknowledge that Crewlist is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third Party Sites. The inclusion of such a link does not imply endorsement of the Third Party Sites by Crewlist or any association with its operators.
(a) any breach of your contractual and/or intellectual property obligations to any Third Party Site;
(b) inaccurate, misleading or defamatory statements being included in your Member Information as populated from any Third Party Site.
12.1 We agree and confirm that we will use all reasonable care and skill to:
(a) Keep secure from unauthorised access all Member information stored on our systems;
(b) Ensure that the services provided by this Web Site are fit for the reasonable purposes for which they were designed;
(c) While every effort is made to ensure that the content of the Web Site is accurate, we make no representation or warranty in relation to the accuracy or completeness of the information found on the Web Site. Any reliance you place on such information is therefore strictly at your own risk in all things;
(d) Crewlist may change, update, and/or make improvements to this Web Site and/or the Services at any time without prior notice or any liability to you.
13.1 Crewlist makes no representation about the suitability of the Services and the information contained in the materials of the Services for any purpose.
13.2 You agree that you will use this Web Site and apply the information that you obtain from it (including but without limitation all information obtained from the Services) entirely at your own risk in all things.
13.3 Crewlist does not warrant that the servers that make this Web Site available will be error free, virus free or bug free and you accept that it is your responsibility to make reasonable and adequate provision for protection against such threats. We recommend scanning any files before downloading. We will not be liable for any loss or damage caused by attacks, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, computer data or other proprietary material due to your use of this Web Site or to your downloading of any material posted on it, or any site linked to it.
13.4 Crewlist will not be liable for any interruption to this Web Site during any reasonable periods of Web Site maintenance and/or for reasons beyond our reasonable control.
LIMITATION OF LIABILITY
14.1 Under no circumstances shall Crewlist, or its agents, affiliated companies, officers, directors, employees, and contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this Web Site or Member Information. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Crewlist has been advised of the possibility of such damage. Except as prohibited by law, in no event shall the amount of collective liability of Crewlist and its agents, affiliated companies, officers, directors, employees, and contractors exceed the amount actually paid by you to Crewlist for the Services. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Crewlist's liability in such jurisdictions shall be limited to the extent permitted by law.
PROTECTION OF INTELLECTUAL PROPERTY
17.1 You indemnify Crewlist against any loss, costs, expenses, demands or liability, whether direct, indirect or consequential or otherwise, and whether arising in contract, tort (including in each case negligence), or equity or otherwise, arising out of a claim by a third party alleging infringement of that third party's intellectual property rights if such claim arises from infringement, suspected infringement or alleged infringement due to:
(a) use of any of the Services in a manner or for a purpose not reasonably contemplated or authorised by Crewlist; and/or
(b) a breach by you of clause 11.2.
ELECTRONIC MESSAGES FROM CREWLIST
18.1 Subject to clause 18.2, you consent to receiving from time to time, electronic messages from Crewlist which market or promote our goods and services.
18.2 Crewlist will cease to send electronic messages as described in clause 18.1 above to you if at any time you instruct us in writing to cease sending such electronic messages to those electronic addresses.
18.3 Crewlist will include a functional unsubscribe facility in any electronic messages sent to you which market or promote our goods and services.
CONSUMER GUARANTEES ACT - IMPORTANT NOTICE
20.2 Crewlist may suspend its obligations to perform the Services if it is unable to perform as a direct result of a Force Majeure Event by notifying you and giving details of the Force Majeure Event. Any such suspension of performance must be limited to the period during which the Force Majeure Event continues.
20.3 Where our obligations have been suspended pursuant to clause 20.2 for a period of 90 days or more, you may immediately terminate your Subscription by giving us notice in writing.
22.1 No exercise or failure to exercise or delay in exercising any right or remedy by a party shall constitute a waiver by that party of that or any other right or remedy available to it.
24.2 The party initiating the dispute ("the first party") must provide written notice of the dispute to the other party ("the other party") and nominate in that notice the first party's representative for the negotiations. The other party must within seven days of receipt of the notice give written notice to the first party naming its representative for the negotiations. Each representative nominated shall have authority to settle or resolve the dispute.
24.3 If the parties are unable to resolve the dispute by discussion and negotiation within fourteen days of receipt of the written notice from the first party, then the parties must immediately refer the dispute to mediation.
24.4 The mediation must be conducted in terms of the Resolution Institute Standard Mediation Agreement. The mediation must be conducted by a mediator at a fee agreed by the parties. Failing agreement between the parties, the mediator shall be selected and his/her fee determined by the Chair for the time being of the Resolution Institute.
Use of Information: As a general policy, no personally identifiable information, such as your name, address, or e-mail address, is automatically collected from your visit to the Web Site. However, certain non-personal information is recorded by the standard operation of our internet servers. Information such as the type of browser being used, its operating system, and your IP address is gathered in order to enhance your online experience.
Member Information: The Web Site's various registration forms, subscription forms, mailing lists, downloads, special offers, contests, and surveys may request that you give us contact information such as your name, mailing and/or e-mail address, demographic information such as your age and gender, and personal preference information such as your preferred software and interests (all "Member Information"). Information submitted at the time of submission will be used by Crewlist only as necessary for our legitimate business interests, including without limitation the improvement of our products, services and the contents of the Web Site. From time to time we may also share such information with our business and promotional partners to further those interests.
Personal Information: Personally identifiable information ("Personal Information") is never sold or leased to any third parties. With your permission, we may use your contact information to send you information about our company and products. You may always opt-out of receiving future mailings as provided below. Crewlist does not store any credit card information it may receive in regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorised by a Member.
Crewlist may disclose Member Information and/or Personal Information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with our rights or property, other users of the Web Site, or anyone else that could be harmed by such activities.
Crewlist may also be required to disclose Member Information and/or Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Children Age 16 and Under: Crewlist recognizes the special obligation to protect personally identifiable information obtained from children age 16 and under. AS SUCH, IF YOU ARE 16 YEARS OLD OR YOUNGER, CREWLIST REQUESTS THAT YOU NOT SUBMIT ANY PERSONAL INFORMATION TO THE SITE OR TO CREWLIST. If Crewlist discovers that a child age 16 or younger has signed up on the Web Site or provided us with personally identifiable information, we will delete that child's identifiable information from our records.
Malware/Spyware/Viruses: Neither Crewlist nor the Web Site knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.
Bulletin Boards and Chat Areas: Guests of the Web Site are solely responsible for the content of messages they post on Crewlist's forums, such as chat rooms and bulletin boards. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.
Choice/Opt-Out: The Web Site may provide you the opportunity to opt-in to receive communications from us at the point where we request information from you. You always have the option of removing your name from any e-mail list in order to discontinue any such future communications. In order to ensure immediate removal from any list, please follow the specific instructions set out in the communications you receive from Crewlist which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such communication, please e-mail us at email@example.com, including a copy of the undesired email attached to the request, and state you wish to be removed from the mailing list.
Transfer of Information Across National Borders: Our Web Site and various information we collect are operated on servers located in various jurisdictions, including the United States. When you access or use the Web Site and/or our services, personal information about you may be transferred outside the country in which you are situated to these other locations. Crewlist's policies ensure that such personal information is protected to the same standard when processed by any Company entity or office around the world. We also ensure that appropriate contracts containing standard data protection clauses approved by the European Commission to protect that information and the rights of individuals are in place with any and all third-party service providers we may use.
Your Access to and Control Over Your Personal Information: At any time, but only once per calendar year, or as otherwise required under applicable law, users may contact Crewlist to review the Personal Information that Crewlist has collected about you. If you discover any errors, please notify Crewlist and the information will be corrected. To review the Personal Information that Crewlist has collected about you, please send an email to firstname.lastname@example.org with the subject line: "Personal Information Review Request." Members may also request that we delete your account(s) or, if you have not established an account, your email address, and any related data at any time. If you wish to delete your account(s), please email us at email@example.com with the words "Delete Account" in the subject line. If you do not have an account and wish to delete your email address or other Personal Information that you might have provided through your use of the web site, and/or any Services, please email us at firstname.lastname@example.org with the words "Delete My Information" in the subject line.
You may also choose to confirm that Crewlist does not use your Personal Information in certain ways and/or to otherwise "opt out" of certain uses of that Personal Information, including without limitation (i) when your Personal Information may be disclosed to a third party unrelated to Crewlist and/or parties directly related to providing Services and/or (ii) when your Personal Information may be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorised by you. If you wish to limit your Personal Information in either such way, or have other questions about how Crewlist may use your Personal Information, please contact us at email@example.com with the words "Privacy Request" in the subject line.
Information provided by you via general e-mail inquiries to Crewlist such as your e-mail address is used only to respond to your inquiries in the ordinary course of business, and is never shared with third parties.
If you are a resident of the EU and have an unresolved data privacy concern or personal information collection, use, or disclosure concern, you may file a complaint/inquiry with us at firstname.lastname@example.org.
Security/How Your Personally Identifiable Information Is Protected: Security for all personally identifiable information is extremely important to us. We have implemented technical, administrative and physical security measures to attempt to protect your personally identifiable information from unauthorised access and improper use. We also protect your personally identifiable information offline. Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. We continually review all such measures and update them when appropriate. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to Crewlist, you accept that you do so at your own risk.
Last Updated: 26 August 2020
What information do you store when I use CrewPass?
In order to maintain a registry of visitors to a worksite we need to store the following information about your visit:
- Crewlist UserID / GuestID
- Host ID
- Worksite ID
- Signing In / Signing Out
Why is this information stored?
This information is stored to ensure that worksites are not breaching their personnel capacities, and so that we can perform contact tracing if any visitor to a worksite tests positive for a contagious disease/illness.
What information can hosts see about me when I use CrewPass on their worksite?
Hosts can only see that you have signed in to one of their workplaces at some point. Hosts cannot see the following without generating a contact tracing report:
- When you signed in to/signed out of a worksite
- What worksites you have signed in to/signed out of
- Whether you are currently signed in to a worksite
Hosts can only see your contact information, worksites you've visited and people you've shared a worksite with when they generate a contact tracing report. These reports are only to be generated in the case of a positive test result, and each report generated is logged and report to the relevant health authorities. Abuse of the CrewPass contact tracing system is not permitted.
How long does CrewPass store my information?
CrewPass stores your information for each visit for up to 6 weeks. Once a visit's sign out time is older than 6 weeks it is securely erased from our database.
Can I access and correct the information you store about me?
You can access your personal data and contact information at any time through Crewlist. If you'd like to access or correct the information we store about your worksite visits please contact us at email@example.com.
What if I'm under the age of 13?
CrewPass can only be used by those under the age of 13 with their parent/guardian's direct consent, or by their parent/guardian signing them in as a guest. Crewlist does not knowingly collect the personal data from anyone under the age of 13. If you are the parent or guardian of someone under the age of 13 who has used CrewPass without consent please contact us at firstname.lastname@example.org.
What are the CRAFTY500 Terms and Conditions?
TERMS AND CONDITIONS
These terms and conditions were last updated 26 October 2020.
The competition is open to New Zealand residents only. Crewlist staff, associated agencies and companies, and their families cannot enter the competition. All entrants must be at least 13 years of age on 1st October 2020 and be residing in New Zealand.
The competition is open to Crewlist users who have a CrewCraft order completed between 12:01AM Tuesday 1st October 2020 and 11:59PM Saturday 31st October and are Crewlist BASIC or Crewlist PRO users at the time of the prize draw, as well as the Crewlist team that completed the order.
There are two (2) prizes of NZD$500 available, both determined by the draw on Sunday 1st November. The draw will determine both prize winners - the Crewlist user that had their order completed and the team that completed that order.
The winners will be chosen by a random draw of items that were part of CrewCraft orders completed between 12:01PM Tuesday 1st October 2020 and 11:59PM Saturday 31st October. The first winner will be the person that placed the order, and the second winner will be the Crewlist team that completed the order. If either winner from this draw cannot be contacted or does not respond to communications they will forfeit their prize and it will be redrawn within 24 hours.
The promoter reserves the right to request entrants provide proof of age, identity and residence.
Prizes will be made via bank transfer to the winners bank account. Winners will need to provide a bank account number in order to receive their prize.
All decisions of the promoter are final and no correspondence will be entered into.
All other costs associated with redeeming the prize, are the responsibility of, and at the cost of, the participant. The Promoter is not liable for any tax implications that may arise as a result of winning.
The promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special, or consequential loss or loss of profits) or damage or personal injury or death suffered or sustained in connection with this promotion or the acceptance or use of any redemption item (whether or not arising from any person’s negligence) except for any liability which cannot be excluded by law, in which case it will be excluded to the minimum allowable by law.
Entry into this promotion is deemed as consent to use entrants' names and photographs for any publicity associated with this promotion without further payment or other compensation.
The promoter is Crewlist Ltd, 10D Brickfield Way, Auckland, New Zealand.
This Promotion is in no way sponsored, endorsed or administered by or associated with Facebook or Instagram. Any information provided by you in the course of this Promotion is provided to the Promoter and not to Facebook or Instagram. All entrants release and indemnify Facebook, Instagram and the Promoter from any and all direct or indirect loss or injury suffered by Facebook, instagram or the Promoter and arising in connection with the Promotion or the Prize.