Port Profile

Terms of Usewww.portprofile.com

BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.portprofile.com (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site and You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to the sale of services.  Please refer to our Terms of Sale for more information: www.portprofile.com/terms-and-conditions.

  1. Definitions and Interpretation:
      1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

Means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content”

Means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site.

“User”

“Job Poster”

Means a user of Our Site.

Means the person that has posted a job on the website; this could be and not limited to any of the following: Recruiter, Head of Department (On a yacht), Captain, agent, Yacht owner.

“User Content”

Means any content submitted to Our Site by Users including, but not limited to, job postings; and personal information.

“We/Us/Our”

Means Port Profile Limited, a company registered in Gibraltar under company number: 114208 and England Company No: FC036133 AND establishment no: BR021219, whose registered address is: Suites 41/42 Victoria House, 26 Main Street, GX11 1AA, Gibraltar and whose main trading address is: 8 Warrington Grove, North Shields, Tyne and Wear, NE297DA, England, United Kingdom.

  1. Information About Us:
      1. Our Site, www.portprofile.com, is owned and operated by: Port Profile Limited a limited company registered in Gibraltar and England under, company number: Gibraltar: 114208 and England: FC036133 AND establishment no: BR021219, whose registered address is: Suites 41/42 Victoria House, Main Street, GX11 1AA, Gibraltar and whose main trading address is: 8 Warrington Grove, North Shields, Tyne and Wear, NE297DA, England, United Kingdom. Our VAT number is GB 308121933.
      1. We are regulated by ’ICO’ Information Commissioners Office United Kingdom.
  1. Access to Our Site:
      1. Access to Our Site is free of charge.
      2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
      3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
  1. Accounts:
      1. Certain parts of Our Site (including the ability to purchase services from Us) may require an Account in order to access them.
      2. You may not create an Account if you are under 18 years of age.
      3. When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
      4. We [require] OR [recommend] that you choose a strong password for your Account, consisting of: 8 characters or more plus at least one symbol. It is your responsibility to keep your password safe.
      5. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at admin@portprofile.com We will not be liable for any unauthorised use of your Account.
      6. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
      7. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 16.
      8. If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access. You can delete your account and all your data using the ‘delete my account’ function in the settings area of your profile, your account and information will be deleted and made inactive immediately. Any data stored on our servers including and not limited to all content posted by You, will require approximately 14 days to be completely erased. You can request a report of this any time after deleting your account.
  1. Intellectual Property Rights:
      1. With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
      2. Subject to Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
      1. You may:
          1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
          2. Download Our Site (or any part of it) for caching;
          3. Print [one copy of any] page(s) from Our Site;
          4. Download extracts from pages on Our Site; and
          5. Save pages from Our Site for later and/or offline viewing.
      2. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
      3. You may not re-use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers.
      1. Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
  1. User Content:
      1. User Content on Our Site includes (but is not necessarily limited to). Job postings, personal documentation which will remain private until you release your documentation to a ‘Job poster’ (Recruiter, HOD, Captain or Agent). Port Profile Limited cannot control the use of your personal information or documentation once you have passed it on to a third party via our website. In doing so you fully understand that Port Profile Limited cannot be held responsible for the way your personal data is used once it leaves Our website through your execution.
      1. An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
      2. You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 11.
      3. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3.  You will be responsible for any loss or damage suffered by Us as a result of such breach.
      4. You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
      5. If you wish to remove User Content from Our Site, the User Content in question will be deleted by using the ‘delete my account’ function in the settings area of your profile.  Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
      6. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
      7. We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
  1. Links to Our Site:
      1. You may link to Our Site provided that:
          1. You do so in a fair and legal manner;
          2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
          3. You do not use any logos or trade-marks displayed on Our Site without Our express written permission; and
          4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
      2. You may not link to any page other than the homepage of Our Site, www.portprofile.com. Deep-linking to other pages requires Our express written permission. Please contact Us at admin@portprofile.com for further information.
      1. Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at admin@portprofile.com for further information.
      2. You may not link to Our Site from any other site the main content of which contains material that:
          1. is sexually explicit;
          2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
          3. promotes violence;
          4. promotes or assists in any form of unlawful activity;
          5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
          6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
          7. is calculated or is otherwise likely to deceive another person;
          8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
          9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
          10. implies any form of affiliation with Us where none exists;
          11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade-marks and database rights) of any other party; or
          12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
      3. The content restrictions in sub-Clause 7.3 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.3. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
  1. Links to Other Sites
      1. Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third-party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
  1. Liability and Disclaimers
      1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.
      2. Insofar as is permitted by law, we make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
      3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning services for sale through Our Site.  Please refer to Our Terms of Sale for more information: www.portprofile.com/terms-and-conditions.
      4. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
      5. If you are a business user, we hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content.  We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
      6. If you are a consumer user, [please note that Our Site is intended for business use only, however] if, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.
      7. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
      8. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
      9. The limitations of liability included in this Clause 9 apply only to the use of Our Site and not to the sale of services, which is governed separately by Our Terms of Sale: www.portprofile.com/terms-and-conditions.
  1. Viruses, Malware and Security
      1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
      2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
      3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
      4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
      5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
      6. By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.
  1. Acceptable Usage Policy
      1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:
          1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
          2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
          3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
          4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
      2. When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
          1. is sexually explicit;
          2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
          3. promotes violence;
          4. promotes or assists in any form of unlawful activity;
          5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
          6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
          7. is calculated or is otherwise likely to deceive;
          8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
          9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);
          10. implies any form of affiliation with Us where none exists;
          11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade-marks and database rights) of any other party; or
          12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
      3. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use.  Specifically, we may take one or more of the following actions:
          1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
          2. remove any User Content submitted by you that violates this Acceptable Usage Policy;
          3. issue you with a written warning;
          4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
          5. take further legal action against you as appropriate;
          6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
          7. any other actions which We deem reasonably appropriate (and lawful).
      4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
  1. Privacy and Cookies
      1. Use of Our Site is also governed by Our Cookie and Privacy Policies, available from  https://www.iubenda.com/privacy-policy/83702721/cookie-policy and https://www.iubenda.com/privacy-policy/83702721 These policies are incorporated into these Terms of Use by this reference.
  1. Changes to these Terms of Use
      1. We may alter these Terms of Use at any time.  [If We do so, details of the changes will be highlighted at the top of this page.]  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
      2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
  1. Contacting Us
      1. To contact Us, please email Us at admin@portprofile.com  or using any of the methods provided on Our contact page at: www.portprofile.com/contact-us
          1.  
  2. Communications from Us
      1. If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.
      2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  [Email marketing options can also be changed in the settings area of your profile/account.]  If you opt out of receiving emails from us at any time, it may take up to three business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.
      3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at support@portprofile.com or via: www.portprofile.com/contact-us
  1. Data Protection:
      1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
      2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to: Our Privacy Policy: https://www.iubenda.com/privacy-policy/83702721 Cookie-Policy: https://www.iubenda.com/privacy-policy/83702721/cookie-policy
  1. Sub-Processors
      1. To support Port Profile in delivering its Services, Port Profile may engage third party service providers to assist Port Profile with its data processing activities. When we work with these service providers in our capacity as a data processor, the third-party service provider is a sub-processor of Port Profile (“Sub-processor”).
      1. This section identifies the Sub-processors, describes where they are located, and what services they provide to us. Before engaging any Sub-processor, we perform extensive due diligence, including detailed security and legal analysis. We do not engage a Sub-processor unless our quality standards are met. Our Sub-processors are all subject to contract terms that enforce compliance with applicable data protection laws.

Port Profile currently uses the following Sub-processors:

Sub Processor Service Provided Location
Red Bullet Web Development UK
AWS Storage United States of America
Zendesk Customer Support Dublin
Pusher Chat Channels UK
Octobat VAT Compliance France
Stripe Payment services UK
Mail Chimp Email United States of America
Google Email Ireland
Iubenda GDPR Compliance Milan
Namecheap Domain United States of America
LinkedIn AUTH Sign-in with US
      1. Our business needs may change from time to time. For example, we may deprecate a Sub-processor to consolidate and minimize our use of Sub-processors. Similarly, we may add a Sub-processor if we believe that doing so will enhance our ability to deliver our Services. We will periodically update this page to reflect additions and removals to our list of Sub-processors.
  1. Chat Window:

IMPORTANT NOTICE - INFORMATION UPLOADED OR TRANSMITTED AS PART OF THE SERVICE

      1. You or End Users of your Application may upload and transmit Content as part of the Service that contains personal data relating to you or other individuals. In respect of Port Profiles platform, we do not view, control such Content and simply transmit the Content on behalf of you or the owner of the Application in accordance with our Terms of Service. For documents sent, we will store Content in the secure servers of our hosting provider, in this case it will be ‘Amazon Web Services S3 secure storage. Access to this Content is restricted unless strictly necessary by Port Profile for troubleshooting purposes and may only be accessed by us for troubleshooting purposes or by you if you are authorised to do so. You expressly acknowledge that you or the person uploading the Content (as applicable) retain sole responsibility for the Content and for obtaining all relevant consents, from the individual to which any personal data contained within the Content relates, to the processing of that personal data as part of the Service, and that such personal data is not covered by our Privacy Policy. Content may be processed in the EEA or in the US, depending on the location of the server cluster the operator of the Application has elected as part of the Service.
      2. You also expressly agree and understand that with the provisions of clause 18.1 Port Profile cannot be held responsible for any data transmitted by you (The user) through the chat window to the ‘End User’. You also understand that we cannot control how that data is used once it’s left the secure environment of Port Profile.
      3. We will and do keep the chat logs on our secure servers, which can be accessed by you at any time by way of email: admin@portprofile.com. The request may take up to 30 days to complete. These chat logs are NOT accessible to anyone at Port Profile.
  1. Law and Jurisdiction:
      1. These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
      2. If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
      3. If you are a consumer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

Terms of salewww.portprofile.com

BACKGROUND:

These Terms of Sale set out the terms under which Services are sold and provided by Us to business customers through this website, www.portprofile.com (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site.  You will be required to read and accept these Terms of Sale when ordering Services.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

  1. Definitions and Interpretation
      1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”

means a contract for the purchase and sale of Services, as explained in Clause 7;

“Data Protection Legislation”

means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds the GDPR;

“Order”

means your order for the Services;

“Order Confirmation”

means Our acceptance and confirmation of your Order;

“Order Number”

means the reference number for your Order;

“Services”

means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation); and

“We/Us/Our”

means Port Profile Limited a company registered in Gibraltar and England under: Gibraltar Number: 114208, England Companies House Number: FC036133 and Establishment No: BR021219, whose registered address is: Suites 41/42 Victoria House, Main Street, GX11 1AA, Gibraltar and whose main trading address is: 8 Warrington Grove, North Shields, Tyne and Wear, NE29 7DA, England, United Kingdom.

  1. Information About Us
      1. Our Site, www.portprofile.com is owned and operated by Port Profile Limited, a limited company registered in Gibraltar and England under: Gibraltar Number: 114208 and England Companies House Number: FC036133 and Establishment No: BR021219, whose registered address is: Suites 41/42 Victoria House, Main Street, GX11 1AA, Gibraltar and whose main trading address is: 8 Warrington Grove, North Shields, Tyne and Wear, NE29 7DA, England, United Kingdom. Our VAT number is: GB 308 121 933
      2. We are regulated by: The Information Commissioners Office (ICO).
  1. Access to and Use of Our Site
      1. Access to Our Site is free of charge.
      2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
      3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
      4. Use of Our Site is subject to Our Website Terms of Use: www.portprofile.com/terms-of-use Please ensure that you have read them carefully and that you understand them.
  1. Business Customers and Consumers
      1. These Terms of Sale apply to business customers only.  These Terms of Sale do not apply to individual consumers purchasing Services for personal purposes (that is, not in connection with, or for use in, their trade, business, craft, or profession).
      2. These Terms of Sale, together with any other terms and, where applicable, Data Processing Agreements referenced herein that are applicable to the Services ordered, constitute the entire agreement between Us and you with respect to your purchase of Services from Us.  You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or otherwise referred to in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
  1. Services Location

Our Services are available Globally.

  1. Services, Pricing and Availability
      1. We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
      2. Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.
      3. Where appropriate, you may be required to select the required subscription Services.
      4. We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order.
      5. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any Order that you have already placed (please note sub-Clause 6.8 regarding VAT, however).
      6. All prices are checked by us when we process your Order.  In the unlikely event that We have shown incorrect pricing information, we will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.  We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof).  We will not proceed with processing your Order until you respond.  If We do not receive a response from you within 7 days, we will treat your Order as cancelled and notify you of the same in writing.
      7. In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
      8. Prices on Our Site are shown exclusive of VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
  1. Orders – How Contracts Are Formed
      1. Our Site will guide you through the ordering process.  Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors.  Please ensure that you have checked your Order carefully before submitting it.
      2. No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).
      3. Order Confirmations shall contain the following information:
          1. Your Order Number;
          2. Confirmation of the Services ordered including full details of the main characteristics of those Services;
          3. Fully itemised pricing for the Services ordered including, where appropriate, taxes and other additional charges;
      4. We can also provide a paper copy of the Order Confirmation on request.
      5. If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances.  If We have taken payment, any such sums will be refunded to you as soon as possible and in any event usually within 5 – 10 working business days.
      6. You may change your Order not less than 1 hour before We begin providing the Services by contacting Us: www.portprofile.com/support or call: +44 (0) 7380 892121
      7. If you change your Order, we will confirm all agreed changes in writing.
      8. We may cancel your Order at any time before We begin providing the Services in the following circumstances:
          1. The required personnel and/or required materials necessary for the provision of the Services are not available; or
          2. An event outside of Our control continues for more than 48 hours (please refer to Clause 14 for events outside of Our control).
      9. If We cancel your Order under sub-Clause 7.8 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 48 hours.  If We cancel your Order, you will be informed by telephone or email and the cancellation will be confirmed in writing by email.
      10. Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Services.
  1. Payment
      1. Pay As You Go:
          1. Payment for the Services: Price and payment details will be confirmed in the Order Confirmation. Your chosen payment method will be charged as indicated. All payments for ‘Pay As You Go’ job posts will be made immediately prior to going live on the website via www.stripe.com payment platform.
      2. All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
      3. We accept the following methods of payment on Our Site:
          1. All major debit cards;
          2. All major credit cards;
      4. Invoiced payments:
          1. If you do not make any payment to Us by the due date your account will be suspended after 5 business working days of no payment and no contact. If for any reason your payment will be late, and you have informed us in advance then no suspension will occur. However, should you fail again to pay on the ‘new approved’ date, then your account will be suspended, and we will look to seek payment in advance for continued use of the website.
  1. Payment Gateways:

Octobat:

      1. Payment processing services for ‘Job Postings’ or ‘Subscriptions’ on ‘Port Profile’ are provided https://www.octobat.com/privacy-policy By agreeing to these terms or continuing to operate as a ‘Job Poster’ or ‘Subscriber’ on ‘Port Profile’, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Octobat from time to time. As a condition of ‘Port Profile’ enabling payment processing services through Octobat, you agree to provide ‘Port Profile’ accurate and complete information about you and your business, and you authorize ‘Port Profile’ to share it and transaction information related to your use of the payment processing services provided by Octobat.
      1. Stripe:

Payment processing services for ‘Job Postings’ or ‘Subscriptions’ on ‘Port Profile’ are provided by Stripe Terms of Service. By agreeing to these terms or continuing to operate as a ‘Job Poster’ or ‘Subscriber’ on ‘Port Profile’, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of ‘Port Profile’ enabling payment processing services through Stripe, you agree to provide ‘Port Profile’ accurate and complete information about you and your business, and you authorize ‘Port Profile’ to share it and transaction information related to your use of the payment processing services provided by Stripe.

  1. Provision of the Services
      1. We will provide the Services with reasonable skill and care consistent with best practices and standards in ‘Yachting Industry’. We will begin providing the Services on the date agreed when you make your Order (which We shall confirm in the Order Confirmation).
      2. We will continue providing the Services for a period of 30 days or until you have filled the position and closed the job post.
      3. We will make every reasonable effort to provide the Services in a timely manner.  We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please refer to Clause 14 for events outside of Our control.
      4. Any and all personal data processed by Us (as a data processor) in the course of providing the Services shall be processed in accordance with the terms of our privacy policy: https://www.iubenda.com/privacy-policy/83702721 as per the requirements of the Data Protection Legislation.
      5. If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the nature of the Services you have ordered, such as VAT number, company address, invoice details and so on.
      6. If the information you provide or the action you take under sub-Clause 9.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.  If additional work is required from Us to correct or compensate for a problem arising as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable additional sum for that work.
      7. In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 9.5, We may suspend the Services (and will inform you of that suspension by telephone or email.
      8. In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue.  Unless the issue is an emergency that requires immediate action We will inform you in advance by email before suspending or interrupting the Services.
      9. If the Services are suspended or interrupted under sub-Clauses 9.7, or 9.8 you will not be required to pay for them during the period of suspension.  You must, however, pay any sums that may already be due by the appropriate due date(s).
      10. If you do not pay Us for the Services as required by Clause 8, We may suspend the Services until you have paid any and all outstanding sums due.  If this happens, we will inform you by telephone. This does not affect Our right to charge you interest on any overdue sums under sub-Clause 8.4.
      11. We always use reasonable endeavours to ensure that Our Services are trouble-free.  If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via support@portprofile.com
      12. We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical. 
      13. We will not charge you for remedying problems under this Clause 9 where the problems have been caused by Us, or any of Our agents or sub-contractors, or where nobody is at fault.  If We determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 9.6 will apply and We may charge you for the remedial work.
  1. Cancelling the Services
      1. For ‘Pay As You Go’ the service is not contractual and therefore doesn’t need to be cancelled. Should you have a monthly subscription then you can cancel at anytime using the ‘cancel subscription’ button found in your Organisations settings page. This will also cancel your monthly Stripe/Octobat payment at the end of your monthly subscription term.
      2. If you wish to cancel under this Clause 10, you may inform Us of your cancellation in any way you wish, however for your convenience We offer a cancellation form on Our Site: www.portprofile.com/cancel-subscription and will include a link to it with the Order Confirmation.  If you would prefer to contact Us directly, please use the following details:

Telephone: +44 (0) 7380 892121

Email: admin@portprofile.com

In each case, providing us with your name, address, email address, telephone number, and Order Number.

      1. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
      2. Eligibility for refunds may vary according to the Services ordered. You will be required to pay for Services supplied up until the point at which you inform Us that you wish to cancel Details of the relevant terms will be provided and confirmed in Our Order Confirmation.
      3. Refunds under this Clause 10 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
      4. Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Services, unless you specifically request that We make a refund using a different method.
  1. Ending the Contract Because of Something We Have Done (or Will Do)
      1. You may end the Contract immediately at any time by giving Us written notice in the following circumstances:
          1. We breach the Contract in a material way and fail to remedy the breach within 14 days of you asking Us to do so in writing;
          2. We go into liquidation or have a receiver or administrator appointed over Our assets;
          3. We change these Terms of Sale to your material disadvantage;
          4. We are adversely affected by an event outside of Our control [that continues for more than 14 days (as under sub-Clause 14.2.5).
      2. If you wish to cancel under this Clause 11, you may inform Us of your cancellation in any way you wish, however for your convenience We offer a cancellation button on Our Site www.portprofile.com/cancel-subscription and will include it with the Order Confirmation. If you would prefer to contact Us directly, please use the following details:
          1. Telephone: +44 (0) 7380 892121
          2. Email: admin@portprfolie.com

In each case, providing Us with your name, address, email address, telephone number, and Order Number.

      1. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
      2. Eligibility for refunds may vary according to the Services ordered.  You will be required to pay for Services supplied up until the point at which you inform Us that you wish to cancel. Details of the relevant terms will be provided and confirmed in Our Order Confirmation. If you are cancelling due to Our breach under sub-Clause 11.1.1, you will not be required to make any payment to Us (unless such failure is due to an event outside of Our control or is due to your failure to comply with any of your obligations).
      3. Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
      4. Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Services unless you specifically request that We make a refund using a different method.
  1. Our Rights to Cancel
      1. For cancellations before We begin providing the Services, please refer to sub-Clause 7.8.
      2. We may cancel the Contract after We have begun providing the Services due to an Event outside of Our control that continues for more than 14 days (as under sub-Clause 14.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services.  In such cases, no payment will be due from you and if you have already made any payment to Us, such sums will be refunded to you.
      3. Once We have begun providing the Services, we may cancel the Contract at any time and will give you at least 30 days written notice of such cancellation.  You will only be required to pay for Services that you have received.  Such sums will be deducted from any refund due to you or, if no refund is due, we will invoice you for the relevant sums.
      4. We may cancel immediately by giving you written notice in the following circumstances.  You will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling.  Such sums will be deducted from any refund due to you or, if no refund is due, we will invoice you for the relevant sums:
          1. You fail to make a payment by the due date as set out in Clause 8.  This does not affect Our right to charge you interest on any overdue sums as set out in sub-Clause 8.4; or
          2. You breach the contract in a material way and fail to remedy the breach within 5 working business days of Us asking you to do so in writing.
      5. Refunds under this Clause 12 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
      6. Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Services unless you specifically request that We make a refund using a different method.
  1. Our Liability
      1. Subject to sub-Clause 13.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
      2. Subject to sub-Clause 13.3 Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 90% of the total sums paid by you under the contract in question, whichever is the greater sum.
      3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
  1. Events Outside of Our Control (Force Majeure)
      1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
      2. If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
          1. We will inform you as soon as is reasonably possible;
          2. Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
          3. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
          4. If the event outside of Our control continues for more than 14 working business days, we may cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and, in any event, no later than 14 calendar days after the date on which We inform you of the cancellation;
          5. If an event outside of Our control occurs and continues for more than 14 business working days and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site www.portprofile.com/cancel-subscription. If you would prefer to contact Us directly to cancel, please use the following details:

Telephone: +44 (0) 7380 892121

Email: admin@portprofile.com

In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and, in any event, no later than 14 calendar days after the date on which you inform Us that you wish to cancel.

  1. Communication and Contact Details
      1. If you wish to contact Us with general questions or complaints, you may contact Us by telephone at: +44 (0) 7380 892121 by email at admin@portprofile.com 
      2. For matters relating to Our Services or your Order, please contact Us by telephone at +44 (0) 7380 892121, by email at support@portprofile.com
      3. For matters relating to cancellations, please contact Us by telephone at +44 (0) 7380 892121 by email at admin@portprofile.com
  1. Complaints and Feedback
      1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
      2. If you wish to give Us feedback about any aspect of your dealings with Us, please contact Us in one of the following ways:

By email, addressed to Mr Anthony Park, CEO at: anton@portprofiile.com

By contacting Us by telephone on: + 44 (0) 7380 892121

  1. How We Use Your Personal Information (Data Protection)
      1. All personal information of yours that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
      2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy: https://www.iubenda.com/privacy-policy/83702721 [and Cookie Policy: https://www.iubenda.com/privacy-policy/83702721/cookie-policy
  1. Other Important Terms
      1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
      2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
      3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
      4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
      5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
      6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale at any time, we will give you at least 30 days written notice of the changes before they come into effect.  If you wish to cancel the Contract as a result, please refer to Clause 11.2
  1. Law and Jurisdiction
      1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
      2. Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Latest update: April 17, 2019