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Effective date: 1st September 2010 (last updated 16th June 2017)

Terms and Conditions for The Yotspot 24/7 Account:

The Service

  1. CB Media Group Ltd ("we") is a limited company offering access to an online database of professional yacht personnel ("Crew") which may be searched by prospective employers, their representatives and/or agents ("Client"). Any other use is strictly prohibited. We only supply access to the database and any employment agreement or contract (whether made orally or in writing) entered into by the Client and any Crew following an introduction by us is and remains the sole responsibility of the Client.
  2. You may use the site for free as a guest or as a member, however some features are only available to members who have purchased a valid subscription package (Subscribers).
  3. Subscriptions are available in 3 or 12 month periods.
  4. On payment of the relevant Fee, Subscribers hereby agree and consent to the immediate commencement of the subscription to CB Media Group Ltd.
  5. (The Yotspot 24/7 Account”) is an online database of professional yacht crew. (“Candidate”) is a person who holds a crew account on www.yotspot.com (“CV”) is the curriculum vitae or resume belonging to a candidate. (“Subscription fee”) is the amount charged to the client to access The Yotspot 24/7 Account payable to CB Media Group Ltd. (“Yacht”) is the yacht in which the candidate will be employed on.
  6. We strongly recommend that the Client conducts its own investigations before entering into an employment agreement or contract with the Crew.
  7. Any information and/or documentation (including, but not limited to, CVs, contact details, qualifications etc) pertaining to any Crew introduced by us to the Client is for the sole use of the Client and must not be disclosed to any third parties without our express written approval.

Clients Obligations and Rights

  1. The provision of the Service is subject to the acceptance of the Terms & Conditions contained herein ("Terms"). By entering into business with us the Client is deemed to have accepted these Terms. If you fail to accept these terms, we reserve the right to refuse access to The Yotspot 24/7 Account and to not refund any subscription fees.
  2. Your subscription fee must be paid in one single payment. All payments made through www.yotspot.com will incur a 2% credit/ debit card processing fee.
  3. The cost of a three (3) month subscription to The Yotspot 24/7 Account is £495 for vessels below 75m (LOA), £995 for vessels 75m (LOA) & over, £1745 for vessels 95m (LOA) & over. The cost of a twelve (12) month subscription to The Yotspot 24/7 Account is £995 for vessels below 75m (LOA), £1995 for vessels (LOA) & over, £3495 for vessels 95m (LOA) & over. All prices are subject to VAT if applicable.
  4. CB Media Group Ltd shall be entitled to deactivate and/or suspend your access to The Yotspot 24/7 Account in the event that any subscription fees are not paid or there has been a breach of contract.
  5. The client agrees to supply a copy of the vessels certificate of registry (COR) to CB Media Group Ltd upon request. This will be used to verify vessel size and ensure the correct subscription fee has been paid. Failure to supply the COR will be deemed a breach of contract and will result in suspension of your account with immediate effect and without refund. If you have reason to believe an incorrect subscription fee has been paid, the client must make CB Media Group Ltd aware immediately. CB Media Group Ltd will either refund the difference or request the remaining balance is paid in full to prevent account suspension. If we have reason to believe an incorrect subscription fee was paid deliberately, then CB Media Group Ltd will deem this a breach of contract and will result in suspension of your account with immediate effect and without refund.
  6. In the event of a third party gaining knowledge of your username and password, you must inform CB Media Group Ltd immediately. You will not regain access to your account until it can be confirmed that adequate security measures are in place to prevent a repeat breach of contract. Please note: You must never deliberately share or disclose your username to any third party as doing so will be seen as a breach of contract.
  7. You agree that any candidates selected from The Yotspot 24/7 Account are interviewed personally and to undertake your own character references.
  8. Information or data obtained from The Yotspot 24/7 Account is for the purpose of selecting candidates for employment on board the Yacht and you agree explicitly to use it solely for these means and no other.
  9. The use of The Yotspot 24/7 Account must be used in accordance with the Data Protection Act 1998. All candidates’ information must be stored confidentially. For more information: https://www.gov.uk/data-protection/the-data-protection-act
  10. You will have access to a candidates profile until such a time when they decide they no longer desire to have a Yotspot Crew Account. We will also respect the wishes of a candidate to withhold information upon their request.
  11. The Yotspot 24/7 Account is subject to UK VAT charged at 20% unless the Client to whom our invoice is to be addressed can prove to the satisfaction of the appropriate VAT authorities their "ZERO" rated VAT status in which case a "ZERO" rated VAT invoice will be issued.
  12. If you are a Subscriber, your Subscription shall automatically renew at the end of each relevant Period. In order to automatically renew your subscription, Yotspot shall automatically charge you the relevant Fees by using the details of your debit or credit card which you used to pay your first Subscription. If your debit of credit card details have changed since your last payment to CB Media Group Ltd, Yotspot will not be able to automatically renew your subscription and you will need to subscribe again at the current rates. If you wish to terminate your subscription, please contact us at any time. Please note that you need to cancel your subscription at least 24 hours before payment is due to prevent payment being taken.

Thirty (30) Day Money Back Guarantee

  1. If you have been unable to find and employ crew through the use of The Yotspot 24/7 Account within 30 days from the subscription start date we shall give you a full refund.
  2. Requests for a refund must be made in writing before the thirtieth (30th) day after the subscription start date. The subscription start date will count as day one (1) of the subscription.
  3. In order to receive a full refund you must have posted one position before the tenth (10th) day after the subscription start date.
  4. This warranty can only be redeemed once per customer. If you have had a refund previously you will not qualify for a refund again.

Liability

  1. You agree that we are not responsible for the accuracy of any information published on The Yotspot 24/7 Account and hereby irrevocably and unconditionally release us from any liability we may have in respect of any loss you may suffer whatsoever, whether caused by inaccuracies in any such information or otherwise.
  2. CB Media Group Ltd gives no warranty as to the uninterrupted, continuous, secure or error-free operation of The Yotspot 24/7 Account.
  3. You agree to indemnify us in relation to any claim brought against or other loss suffered by us arising from the misuse of any information obtained by or disclosed through you including, without limitation, any claim in relation to any alleged race, sex, disability and/or age discrimination.
  4. CB Media Group Ltd will bear no responsibility whatsoever for any candidate you may employ or consider for employment. CB Media Group Ltd gives no representation or warranty as to the performance, suitability, entitlement or character of any candidates. CB Media Group Ltd does not give a warranty for a candidate holding any qualification, visa or permit. Before an offer of employment is made to a candidate you must make your own investigation and perform your own due diligence and referencing to decide if they are suitable. If you rely on information obtained through The Yotspot 24/7 Account you do so at your own risk.

Jurisdiction

  1. Any dispute arising out of or in connection with these Terms shall be submitted to the nonexclusive jurisdiction of the English Courts and, at our sole discretion, to their respective proceedings and laws.
  2. We, and the Client, irrevocably agree that any legal suit, action or proceedings (‘Proceedings’) arising out of or in connection with these Terms may be brought in such courts as referred to in clause 5.1, at the option of the party taking Proceedings, and hereby waive any objection to Proceedings in such courts on the grounds of venue or on the grounds that the Proceedings have been brought in an inconvenient forum.
  3. The foregoing notwithstanding, we may bring or commence proceedings in rem to obtain security, seizure, arrest or any other similar remedy against any property belonging to the Client in any other state or jurisdiction.

General

  1. If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected.
  2. Words denoting the singular include the plural and vice versa, and words denoting the masculine include the feminine and neuter and vice versa.
  3. Failure by us to enforce any right does not result in waiver of such right.
  4. Nothing in these Terms shall confer or purport to confer any right or benefit on any third party.
  5. CB Media Group Ltd fully owns and retains all intellectual property connected with www.yotspot.com
  6. We reserve the right to amend these Terms from time to time. Last Revision: April 2016

By continuing to correspond with CB Media Group Ltd and use this service you agree to the above.