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Last Revision: Feb 2026
YOA TERMS & CONDITIONS
These Terms and Conditions ("Terms") govern access to and use of the website and services operated by YOA Crew Ltd. ("YOA", "We", "Us", "Our"), a New Zealand registered company.
By accessing, browsing, viewing, or using the YOA website, job advertisements, databases, or services in any manner, you acknowledge that you have read, understood and agree to be bound by these Terms.
If you do not agree, you must immediately cease use of the website and Service.
1. THE SERVICE
1.1 Introduction
Your Own Agency Ltd. is a personnel introduction agency specializing in the introduction of professional yacht personnel ("Crew") to prospective employers, their representatives and/or agents ("Client").
YOA provides introductions only. Any employment agreement or contract entered into between Client and Crew remains solely the responsibility of those parties.
YOA is not an employer, management company, or contracting party.
1.2 Acceptance of Terms
These Terms apply to:
Accessing or viewing any part of the website constitutes acceptance of these Terms.
YOA reserves the right to modify these Terms at any time.
Continued use constitutes acceptance of revised Terms.
1.3 Binding Access Clause (Legal Trap Clause)
Accessing, viewing, downloading, indexing, scraping, copying, or otherwise using any part of the YOA website or its content constitutes acceptance of these Terms and creates a legally binding agreement between the user and Your Own Agency Ltd.
Where applicable, YOA requires active consent for account registration, CV submission, or accessing Client services.
Any person or entity accessing the website on behalf of an organization represents that they have authority to bind that organization to these Terms.
Automated access including bots, crawlers, scrapers, artificial intelligence systems, or data harvesting tools constitutes acceptance of these Terms by the operator of such systems.
If you do not agree to these Terms, you must immediately cease access to the website.
1.4 Permitted Use
Information and documentation provided by YOA including but not limited to:
are provided solely for legitimate recruitment purposes.
Such information must not be disclosed to any third party without written permission.
1.5 No Advice
Nothing on this website constitutes legal, financial or employment advice.
Transmission of information does not create a contractual relationship.
1.6 Service Disclaimer
The Service is provided "as-is" without warranties of any kind.
YOA assumes no responsibility for:
1.7 Crew Standards
No crew member under the age of 16 shall be placed through YOA.
YOA Approved crew hold valid seafarer medical certificates and STCW certification.
YOA does not restrict crew from seeking employment elsewhere.
YOA does not charge placement fees to crew.
1.8 Client Responsibilities
Clients agree to:
Clients remain responsible for compliance with employment and maritime law.
1.9 Maritime Labour Convention (MLC, 2006) Compliance
YOA operates in strict accordance with the Maritime Labour Convention (MLC, 2006) Title 1.4 regarding private recruitment and placement services.
YOA does not use means, mechanisms, or blacklists intended to prevent or deter seafarers from gaining employment.
YOA explicitly prohibits charging Crew members any fees for recruitment or placement services.
Clients utilizing YOA represent and warrant that they maintain compliance with all applicable MLC regulations, flag state requirements, and international maritime employment laws.
2. REGISTRATION OBLIGATIONS
Users agree to provide accurate and complete information. YOA may suspend or terminate accounts containing inaccurate information. Users are responsible for password security. YOA is not responsible for unauthorized account access.
3. USER CONTENT
Users remain responsible for submitted content. YOA may remove content at its discretion.
Users must not submit content that:
YOA does not guarantee accuracy of content.
4. FEE POLICY
Services are subject to fees payable by Clients.
Crew shall never be charged placement fees for YOA introduction services. Specific fee percentages, payment terms, placement guarantees and refund or replacement policies are governed by a separate legally binding YOA Client Fee Agreement provided to the Client. In the event of any conflict between these Terms and the Client Fee Agreement, the Client Fee Agreement shall prevail.
5. PAYMENT POLICY
Payment terms may include:
VAT or GST will be charged where applicable. Credit card surcharges may apply. PayPal payments are at Client risk.
6. PLACEMENT WARRANTY
YOA may offer replacement crew during trial periods. Warranty may be invalidated by:
Warranty decisions remain at YOA discretion.
7. TERMINATION
YOA may terminate accounts without notice for:
Termination includes deletion of account data. YOA is not liable for termination consequences.
8. LIABILITY
To the fullest extent permitted by law YOA excludes liability for:
Users agree to indemnify, defend, and hold harmless YOA, its directors and employees from and against any claims, liabilities, damages, losses and legal fees arising directly from:
YOA does not guarantee virus-free operation.
9. INTELLECTUAL PROPERTY AND DATABASE RIGHTS
9.1 Ownership
All content and data on the YOA website are the exclusive property of Your Own Agency Ltd.
This includes:
Protected under:
9.2 Limited License
Users receive a limited, revocable, non-transferable license for legitimate recruitment purposes only. No ownership rights are transferred.
10. PROHIBITED DATA USE
Without written permission Users are prohibited from:
10.1 Data Extraction
10.2 Commercial Use
10.3 Database Creation
10.4 Technical Circumvention
Users must not:
11. ENFORCEMENT
Unauthorized use constitutes:
YOA reserves the right to:
12. LIQUIDATED DAMAGES
Unauthorized scraping or commercial reuse causes significant harm.
Users agree damages may be difficult to quantify.
Users agree that liquidated damages of NZD $5,000 per breach plus NZD $100 per record extracted represent a reasonable estimate of loss.
The parties acknowledge and agree that this sum represents a genuine, reasonable pre-estimate of the commercial harm, loss of exclusivity, and server load costs incurred by YOA as a result of such unauthorized access or extraction, and does not constitute a penalty.
These damages do not limit YOA’s right to claim higher actual damages, seek injunctive relief, or pursue criminal charges where applicable.
13. JURISDICTION
These Terms are governed by the laws of New Zealand. All disputes shall be subject to New Zealand courts. YOA may pursue legal action in any jurisdiction where infringement occurs.
14. GENERAL
If any provision is unenforceable the remainder remains valid. Failure to enforce rights does not waive rights. These Terms create no third-party rights. YOA may amend Terms at any time.
15. PRIVACY AND DATA PROTECTION
YOA takes data protection seriously. Collection, use, retention and protection of personal data including Crew CVs, medical certificates and Client information are governed exclusively by the YOA Privacy Policy, which is incorporated into these Terms by reference.
By using the Service you consent to the practices described in the Privacy Policy.
YOA complies with:
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