Terms and Conditions
Reference herein to "You" means either/or the person creating a crew or training profile (as defined herein) onto the System or otherwise using the System for the purpose of finding employment or booking a training course. Reference herein to "We", "Us" and/or "Our" means Blue Water (France), a company limited by shares incorporated in France with its principal place of business at 14 Ave Mirabeau, 06600 Antibes, France
Business Day means a day (other than a Saturday or Sunday) on which banks in France are ordinarily open for business.
Candidate means any person who submits any information for use on the System.
Candidate Profile means the personal profile and any other information provided by or otherwise uploaded by you including, without limitation, your CV;
CV means in the case of each Candidate, the relevant Candidate's curriculum vitae or equivalent employment summary.
Potential Employers means yacht owners and/or captains who may or may not be Subscribers who contact us requesting candidates' CV's for potential employment.
Subscriber means the persons subscribing to the System or, as the context requires, any one of them.
System means the online database, known as "Bluewater One" for Bluewater Crew, as maintained and run by us.
Yacht means the yacht on which any Candidate(s) selected by you would be deployed.
2. Service Description
Bluewater Crew provides an introductory service to candidates searching for a position in the yachting industry. Candidates submit a Candidate Profile on the online system which is made available to potential employers. Any changes to these conditions must be agreed in writing between Bluewater Crew and the Candidate. Bluewater Crew provides exclusively an introductory service and does not provide manning services.
3. Candidates Rights and Obligations as per the Maritime Labour Convention (MLC), 2006
To work as a seafarer you need to be over the age of 16. There are limitations involved with working onboard between the ages of 16-18. Candidates aged 16-18 are unable to undertake any position in the Galley and other restrictions may apply to conditions of employment. Proof of age will need to be presented to Bluewater Crew.
Bluewater Crew does not charge seafarers, directly or indirectly, in whole or in part, any fees for the registration of their details upon gaining employment. The only fees that you will incur will be those needed to obtain a national statutory medical certificate, and national travel documents such as a passport or seaman's book, not including cost of visas which shall be borne by your potential employer.
Bluewater Crew will endeavor to assist you in your job search to the best of their ability. Bluewater Crew does not use any means or mechanisms or lists intended to prevent or deter seafarers from gaining employment.
To work as a seafarer you need to be medically fit. Bluewater Crew will request to view an original copy of a national statutory medical certificate (ENG1 or any other accepted national seafarer medical).
You are responsible for ensuring that your personal information, as published on the System, is accurate and up to date. You warrant that your Candidate Profile, including your CV and certification is true and correct and is an accurate summary of your education, employment and qualifications. You will need to provide copies of all your certificates and documents to Bluewater Crew and all the necessary checks will be made to verify their authenticity and validity with the issuing training provider or national agency. We reserve the right to suspend, withdraw or otherwise make unavailable your Candidate Profile if we discover that any information contained therein is false or inaccurate.
You will need to provide Bluewater Crew with copies of written employment references, with up to date contact information for those employment references and accept that those referees may be contacted by Bluewater Crew.
You understand and agree that should a security or criminal record check be required by an employer, you would see no impediment to that taking place.
You understand and agree that should a drug or alcohol test be required by the employer you would see no impediment to that taking place.
Bluewater Crew will inform you of your salary, leave allowance and benefits onboard to the best of their knowledge and will fully explain your rights and duties with regards of the vessel. As a seafarer you need to be aware that you are entitled to an employment contract. Bluewater Crew will inform you of the contents of a standard Seafarer Employment Agreement (SEA). Bluewater Crew advises you that your final contract should contain a clause regarding repatriation to your point of embarkation, or a final destination mutually agreed by yourself and your potential employer. You should have the opportunity to examine and seek advice on your employment agreement and freely enter in to the agreement.
Bluewater Crew has a complaints procedure to which you have access in case of any issues that may arise in terms of compliance of your employment with MLC2006.
4. Candidate Profile
You agree to, and unconditionally and unequivocally consent to:
(i) us providing your Candidate Profile, including without limitation, your CV, to any and all Subscribers, and our 3rd party security company; and,
(ii) the use of any such information by any Subscriber and/or 3rd party security company. You hereby grant us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, publish, disclose, process, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute, any content you have provided (including, without limitation, your Candidate Profile), in connection with the service or the use or promotion thereof.
We agree to allow you full access to your Candidate Profile, as maintained on the System, in order to enable you to view and edit your personal information. You expressly warrant that you will only upload information and data in respect of your own Candidate Profile.
We reserve the right at our sole discretion to remove, withdraw or require to be amended any information which we consider inappropriate, inaccurate, illegal, immoral, offensive, obscene or in respect of which we receive any complaint or objection. We further reserve the right at our sole discretion to decline to distribute or forward or to suspend or remove your Candidate Profile, CV or any part thereof.
If you do not access your Candidate Profile in any four (4) week period and click on the "check in" button, your profile will be considered dormant and, although your information will still be stored in the System, it will not appear in any Subscriber's search results. When you obtain employment, you should access your profile and click on 'no longer looking' under the 'Current Situation' link, which will make your profile dormant. You may re-activate your profile at any time by clicking on the "check in" button on your profile page.
If you wish to have your Candidate Profile temporarily unavailable to Subscribers, you may do so at any time by indicating that you are not available for work in your Candidate Profile. If you wish to have your Candidate Profile permanently removed from the database, you may do so at any time by contacting us in writing, by fax, or email, in each case at the address provided on our website (www.bluewateryachting.com). You acknowledge that we may retain archived copies of any information you have previously provided notwithstanding the temporary or permanent removal of your Candidate Profile.
We agree to use reasonable endeavors to prevent your personal information from being accessed by parties other than us, Subscribers and our third party security company. If, despite such efforts, any information is nevertheless accessed by a third party other than us, any Subscriber, or our security company, you hereby release us from any liability for any loss or inconvenience you may suffer in consequence of such unauthorized access and from any other consequences thereof howsoever caused.
We give no warranty or representation as to the suitability, performance or character of any Subscribers who may use the System. Before accepting a position, you must undertake your own due diligence and exercise your own judgment as to the Subscriber's character and/or suitability.
In no circumstances shall we be liable (whether in contract or tort) for any loss of profits, your failure to secure employment, loss of business, depletion of goodwill and/or similar losses, loss of contract, loss of or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered by you.
You agree to indemnify us in relation to any loss and/or damage suffered, including any direct, indirect, incidental, special, consequential and/or punitive damages, arising in consequence of your Candidate Profile or otherwise in consequence of your breach of any of your obligations under these Terms.
Training Courses are the short academic and vocational training attendance courses specific to the yachting industry as described in Bluewater's published material which Bluewater has agreed to supply to the candidates.
Candidate an individual to whom Bluewater has agreed to provide training courses.
TDV means a Training Discount Voucher as issued by us in accordance with the provisions of a subscription to Bluewater ONE.
2. Service Description
Bluewater Training provides short training courses specific to the yachting industry. All training courses supplied to candidates are subject to these Terms and Conditions. If the course is booked online, the Terms and Conditions are accepted before the online booking is made. Otherwise, these Terms and Conditions are deemed as accepted if the Candidate presents himself on the first day of the course. These Terms and Conditions apply for each individual training course booked. Any changes to these conditions must be agreed in writing between Bluewater Training and the Candidate.
3. Candidates Rights and Obligations
It is the responsibility of the Candidate to obtain a seafarer's medical before attending any short training course. Bluewater is not liable for any loss, damage, cost, expense or other claims incurred by the client if it is not possible to obtain a Notice of Eligibility (NOE) and/or any Certificate of Competence (CoC) as a consequence of a limited seafarer medical (ENG1 or equivalent) or refusal by an approved practitioner to issue one.
The minimum age to attend the short training courses is 16 years of age. Some courses require candidates to be at least 18 years of age as per the criteria established by the Maritime and Coastguard Agency (MCA) and MNTB guidelines. A valid photo identification is required at the time of booking. A valid photo identification will also be required on the first day of the course, and will need to be presented to the office on the first day of the course and to the instructor.
Training courses which have course pre-requisites and/or sea time requirements can only be attended if those requirements are met. Any certificates and sea time records will be required at the time of booking, on the first day of the course, and will need to be presented to the office and to the training instructor. Bluewater is not liable for any loss, damage, cost, expense or other claims incurred by the Candidate who cannot attend the course as result of inability to produce documentary evidence of the prerequisites or of sea time requirements.
The training courses that involve a practical component require the Candidate to be in good physical condition. Candidates will be required to sign a health disclaimer at the beginning of practical short training course and disclose any medical condition or relevant medical treatment to the instructor that may affect their participation in the course.
All training courses have an attendance requirement. Bluewater reserves the right to withhold the Candidate's certificate if an absence of more than one hour is noted by the instructor.
Attendance certificates will only be handed to the Candidate upon presentation of a valid photo identification. Duplicate attendance certificates will be issued upon confirmation of attendance of the training course and presentation of a valid photo identification.
Only candidates who have successfully completed the required education and training course for a particular subject will be eligible to take written examinations by presenting an attendance certificate issued by an approved training centre. Bluewater strictly applies the examination procedures described by IAMI for deck and the SQA for engineering written examinations. Candidates shall respect the code of conduct established by those authorities during the examination.
4. Bookings and Payments
The price for the short training courses is specified in the price list in the course brochure published at the time of booking. The price for the short training courses include the cost of course materials, such as course notes and/or pre-study material. These prices are not inclusive of added value taxes and in some cases TVA may be applicable.
The price of duplicate certificates and course materials is specified in the course brochure published at the time of booking. These prices are not inclusive of added value taxes and in some cases TVA may be applicable.
Bluewater Training shall be entitled to increase the fees for the courses annually giving the Client not less than 30 days' notice of a proposed increase. If the Client does not agree to the proposed increase, it may terminate this Agreement by giving a 30 day written notice to Bluewater Training.
Bookings are only confirmed by the payment of a deposit of 30% of the full price of the course. Any booking without a deposit payment is considered an inquiry only and the Candidate will be placed in a waiting list if the course is fully booked.
Any course materials, such as course notes or pre-study material, can be delivered promptly to the Candidate, on payment of the deposit to confirm the booking, either as a printed copy or electronically. A printed copy of the study notes will be provided on the first day of the course. An advanced fee of 50€ -100€ applies for the advance of any course material. This fee is deductible from the course fee upon confirmation of booking of the course.
A fee applies for the issue of any duplicate attendance certificates. The amount of the fee is dependent on the date of the issue of the original certificate.
5. Cancellation and Refund Policy
Bluewater shall deliver the training course as far as reasonably possible and will do its best to deliver all programmed courses. However, if an insufficient number of bookings is received for any course, Bluewater Training reserves the right to cancel that course. In the unlikely event of Bluewater cancelling a course, the Candidates will either be offered an alternative date or be refunded of any pre-paid fees.
Candidates will be refunded without penalty if they cancel more than one month before the course is due to start. After this time, until one week before the course is due to start, candidates have the choice of either obtaining a refund of half of their deposit or transferring the full deposit to a later course.
If a booking is cancelled within 1 week of the start of the course, Bluewater will retain 50% of the deposit and allow you to use the balance to reserve a place on a later course within 12 months. The remaining deposit can only be transferred once otherwise the deposit is lost.
Bluewater reserves the right to retain up to a maximum of 100€, if any course material has been delivered to the Candidate upon confirmation of the booking by a deposit.
Cancellation within 24 working hours results in the loss of all monies without refund or transfer.
6. Training Discount Vouchers (TDV's)
Training Discount Vouchers may be credited towards the cost of any training courses operated by us at our training centre in France or, where available, on-board a yacht.
TDV's are valid for one calendar year following agreement with Bluewater One and may not be transferred to a subsequent year.
TDV's are not transferable. They may be used only for courses booked by you or crew members working on the Yacht.
TDV's will only be allocated to a short training course booked by a Candidate employed by a Bluewater One client. TDV's will only be allocated the express permission by the client in writing, by fax, email or in person.
TDV's allocated to a course may not be transferred to another course in the event of the non-attendance of the Candidate. If the training course is cancelled by Bluewater Training, any TDV's used shall be re- issued and will remain valid for the remainder of the relevant calendar year in which the course was scheduled.
TDV's will be accepted for the full or partial payment of short training courses. The use of TDV's towards courses with a high overhead due to cost auxiliary external arrangements is limited. Only 50% of the full price of course with a practical component can be paid with the TDV's.
Bluewater reserves the right to reallocate candidates paying with TDV's to another course date should the original course be over-subscribed.
TDV's may not be redeemed against the cost of external examination fees, instructor expenses, nor may they be used in conjunction with any other promotional offer which we may, from time to time, make available.
7. Intellectual Property
Any intellectual property rights, including copyright, arising from or in connection with the delivery of the training courses, belong to Bluewater Training unless otherwise agreed in writing between Bluewater Training and the Candidate.
Bluewater Training shall protect the privacy of candidates who book and attend the short training courses. Any information given will be used according to the current Data Protection Laws and collected only with the explicit consent of the Candidate. The information shall be held in a secure manner and not shared with any other organization unless the Candidate agrees.
The Candidate will be able to check the information held by Bluewater Training by contacting the main office. Any inaccuracies will be deleted or corrected promptly.
The Candidate information shall remain confidential and shall be disclosed to the extent that the information is required to be disclosed by law. Bluewater Training shall obtain your consent before transferring your information outside the EEA (European Economic Area). Bluewater Training shall not share any of your contact details to any other organization or individual without the expressed permission of the Candidate.
The Candidate will retain the right of opting out of receiving any emails or any other publicity material from Bluewater Training.
Bluewater is covered by a liability insurance under contract by HISCOX (France) for the Bluewater Crew and by AXA Assurances (France) for Bluewater Training. Any requests for information regarding this insurance shall be directed to the main office.
2. Governing Law
These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by the jurisdiction considered appropriate the law of England. The parties irrevocably agree that the courts of England shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).