Updated: December 2018
MySail network Conditions of Use
The MySail network consists of the web pages and social media sites operated from time to time by MySail Pty Ltd ACN 61429867 (“MySail”) including without limitation the domains http://www.mysail.team, http://connect.mysail.team.. The MySail network is offered to you (the user) conditionally on your acceptance without modification of the following conditions and your use of the MySail network will constitute your acceptance of all such conditions.
The information and images contained in the MySail network is subject to change without prior notice. MySail will use its best endeavours to keep the information up to date and correct, but makes no representations or warranties about the, accuracy, reliability, suitability or availability of any such information or images. Before acting on any information provided by the MySail network, you should consider whether it is appropriate for your personal circumstances and seek additional advice where necessary.
MySail connection services
The services provided through the MySail network include a platform to allow connection between yacht owners and skippers and potential crew and vice versa. Although MySail takes reasonable care to ensure the integrity of the MySail network, the presence of participating crew, boat owners or skippers on the MySail network is not to be taken as an endorsement or recommendation of any such participant by MySail.
If MySail makes suggestions to participants for the purpose of connecting crew and yachts, they are not to be taken as an endorsement, recommendation or verification by MySail of the relevant participant. You are solely responsible to verify the information provided by the participant on the MySail network and to make your own decision to connect with or to sail with that participant.
To the full extent permitted by the governing law, all participants agree and acknowledge that MySail will not be liable (whether in contract, tort or under any statute) for any claimed losses, damages, costs or expenses for any of the following:
- personal injury that arises or is claimed to arise as a result of any connection made through the MySail network;
- harassment or intimidation of a participant that arises or is claimed to arise as a result of any connection made through the MySail network;
- loss of property that arises or is claimed to arise as a result of any connection made through the MySail network; and/or
- Information about participants or associated images on the MySail network proving to be inaccurate or incomplete.
Service Interruptions or Discontinuance
MySail is not responsible for any delays, interruptions or outages to the MySail network. MySail will use commercially reasonable efforts to minimise any such events but does not warrant that the services or websites operated by MySail will be available at all times. MySail may at any time and without notice discontinue its services in whole or in part. MySail is not responsible for any claimed loss, cost, damage or liability that may result from the discontinuance of any or all of the services provided by the MySail network.
You must not use the MySail network for any purpose that is unlawful or prohibited by these conditions. You may not use the MySail network in any manner that could or is calculated to damage, disable, overburden, or impair the MySail network or interfere with any other participant’s proper use of the MySail network.
The automated and/or systematic collection of data from this website is prohibited. You may not contact members of this site for the purpose of selling goods and services, or to request that they join a third party website, application or other service designed to match crew with yachts, or to promote any other goods and services.
If you are unclear as to whether your planned use of the MySail network will breach this condition you can contact us to seek permission before using the service.
Use of communications services
The MySail network may contain bulletin board services, chat areas, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large, with a group or with an individual ( “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are appropriate and related to the MySail network. In particular but without limitation, when using Communication Services, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines that may be applicable for any particular Communication Services.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
- Use the Communications Services for any purpose except that which it was intended.
MySail may from time to time monitor the Communication Services, including messages between participants, and reserves the right to remove any information or materials in its sole discretion. MySail is under no obligation to monitor the Communication Services and all information and materials posted will be the sole responsibility of the participant posting them.
MySail reserves the right:
- to disclose any information on the MySail network but only to the extent 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, in its sole discretion.
MySail will have no liability for any claimed loss, damage or other event resulting from your use of the Communication Services.
Materials posted to the MySail network
MySail does not claim ownership of any materials (including feedback and suggestions) you may post, upload, or submit to the MySail network ( “Submissions”). However, by posting or uploading, your Submissions you grant to MySail, permission to use free of charge your Submissions in connection with its business activities including, without limitation, the right to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat your Submissions and to publish your name in connection with your Submissions.
MySail is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in its sole discretion.
By posting, uploading, or providing your Submission you warrant to MySail that you are entitled to use all material and images in your Submission including, without limitation, all the rights necessary for you to provide, post or upload, the Submission.
MySail reserves the right, in its sole discretion, to terminate without notice your access to the MySail network or any portion thereof at any time. No joint venture, partnership, employment, or agency relationship will exist between you and MySail as a result of your use of the MySail network..
The MySail logo, ‘MySail,’ ‘MySail Connect,’ and ‘Go Sailing. Simply.’ are all current trademarks of MySail Pty Ltd.
Modification of these conditions
MySail reserves the right to change the conditions under which the MySail network is offered, including but not limited to the right to require participants to pay fees and charges associated with the use of the MySail network. All fees and charges for use of the MySail network will be notified on the MySail website.
Links to third party sites
The MySail network may contain links to third party web sites (“Linked Sites”), which are not under the control of MySail, which is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any webcasting or any other form of transmission you may receive from any Linked Site. MySail is providing links to Linked Sites only as a convenience to participants and the inclusion of any link does not imply endorsement by MySail of the Linked site, its content or its operators.
Refunds will be provided under our Payments & Refund policy which can be found here.
Your use of the MySail network- and any dispute arising out of such use- will be governed by the laws of New South Wales.
MySail Pty Ltd
ACN: 614 298 672
Address: Level 1, 125 York Street, Sydney NSW 2000
Phone: +61 416 989 571
Copyright 2018 MySail Pty Ltd.