The platform www.liveseas.com is owned and operated by the company SEASLIVE LTD, with registered office at 128 City Road, London EC1V 2NX, United Kingdom, Company number 14547639, e-mail: info@liveseas.com. The Company supplies the Services to Employers, under the terms and conditions stated below.

2. Scope

These Terms of Service regulate Employers’ access and use of the Platform and constitute the entire understanding between the Company and the Employer (Liveseas Agreement). Therefore, the words "you", "your" and generally the use of the second plural form refers to any Employer. The use of first plural form refers to the Company.

3. Definitions

Ø Company: The Company "SEASLIVE LTD"

Ø Seafarer: The person who has created a complete professional Seafarer’s profile on the Platform.

Ø Employer: The shipping company or the manning agency which signs up and uses the Platform.

Ø Employer Account: Your account after being registered on the Platform.

Ø Platform: The website liveseas.com.

Ø Services: The services provided by the Company to the Employers, who conclude a contract with the Company to use the Platform.

Ø Premium Services: The paid services provided by the Company only to the Employers who obtain a premium account.

Ø Liveseas Agreement: The contract between the Company and the Employer for the Platform use.

Ø Login Details : The Employer’s credentials that are set for authentication and allow the Employer to access the Platform.

Ø Terms of Service or Terms: These terms of service.

Ø Plan: The either free (Free Plan) or paid (Subscription Plan) mode in which the Employer can use the Services.

Ø Subscription: The amount of money paid by the Employer to obtain a Subscription Plan.

Ø Premium Account: The upgraded account of an Employer who obtains a Subscription Plan.

Ø Parties: Any Seafarer and Employer who choose to exchange information with each other.

Ø Consumer: Any natural person who is acting for purposes which are outside his trade, company, craft or profession.

4. Platform Description

The liveseas.com online platform is addressed to Seafarers and Employers for meeting and networking with each other and aims to bring both Parties in direct contact.

Through the Platform, the Seafarer can create a complete professional profile, in order to approach interested Employers who are provided access to it. The Employers registered on the Platform can access the Seafarers’ profiles and obtain more information about them.

Both the choice of the Seafarer to make his/her profile visible to Employers and the choice of an Employer to gain access to the data of a Seafarer's profile do not create any obligation for the Seafarers and/or the Employers, no contract of any kind is automatically concluded between them and no liability or obligation of any kind arises at this stage. Furthermore, the Company shall not be obliged to participate in any way in the employment relations of the Seafarers with the Employers (appraisal / recruitment / employment of the Seafarer, etc.).

The Parties are free to communicate and contract with each other, and the Company's role is limited to providing the Platform and the Services.

The Services are provided in free or paid mode. Employers can activate their profile for free and obtain from the Company some Services free of charge, or by paying a Subscription fee they can unlock additional Services / options.

5. Registration

You must register on the Platform to use the Services. To sign up for an account, use the available registration form, read and accept the Employer Terms of Service and the Privacy Policy and click on "Create Account".

After receiving your registration request, the Company reserves the right to verify your information by any appropriate means (automated or manual) and/or ask you to provide additional information or relevant legal documents. The Company may also collect your data from you and create an Employer account for you.

The Company considers that the registration process of an Employer is done by its legal representative or another authorized employee, provided that the official e-mail of the Employer is confirmed during the registration. The activity of the person operating any Employer’s account on the Platform fully binds the Employer to which the account belongs.

6. Services

By using the Platform, you unreservedly agree to the method of operation and provision of the Services. You also agree that under the Liveseas Agreement and the law you are not a consumer.

The registered Employers may pay a fee to access Seafarers’ Data or use a free plan. You can preview only the Seafarer’s profiles who have chosen to be visible to you, as provided by your Plan’s benefits.

The Employers may pay a direct fee to influence their ranking on the list of Employers that Seafarers preview.

The Company may display to the Seafarers personalized results for Employers according to their professional experience and their preferences (preferred ship/country etc.).

Employers may filter the available Seafarers’ Accounts of the Platform, according to their professional experience, location etc.

7. Terms of Services’ Provision

The Company is impartial towards the Employers and provides each and every one of them with the Services depending on the Subscription Plan activated.

The Company does not interfere or participate in any way in the pre-contractual / contractual / post-contractual relations of the Seafarers and Employers and in the formation of the terms of any contract between them.

The Company does not receive any kind of payment or commission fee for / from the conclusion of an employment contract or from the cooperation of the Parties in any other way.

Some Services may be provided to the Employers free of charge. The Company reserves the right to charge Employers for these Services only after prior notification, so you will not be charged unless you accept the charges.

The Company reserves the right to provide the Services to any number of Employers it wishes. The Employer has no right to raise any objection to the registration of another Employer on the Platform, to demand the rejection of the registration or the deletion / removal / ban of another Employer from the Platform.

8. Plans

After registration you may use the Platform Services for free or activate a paid Subscription Plan. All Employers are provided with a Free Plan. The Free Plan grants you access to some Seafarers’ profiles. Employers who choose to upgrade to a Premium Account are granted access to more Seafarers’ profiles. You can reach a specific number of Seafarers with a certain rank, position etc. depending on your Plan’s benefits.

9. Subscription Plan

Following the payment of your Subscription you can preview the Seafarers’ profiles according to your Plan’s benefits. The Subscription must be paid in advance. Subscription Plans are automatically renewed at the end of their validity period. You may also freeze your Subscription for some time and then restart it or you may cancel your Subscription at any time. If you cancel your Subscription Plan before the end of your prepaid period of use, then you may use your Premium Account through the end of that period.

After cancellation of your Subscription plan, you may use the Platform for free. If you communicate us your decision to terminate your contract (Liveseas Agreement), you will need to register again for an Employer Account, in order to use the Services.

The Company reserves the right to change / modify the Subscription charges or any Plan’s benefits at any time, without prejudice to any Subscription Plans already purchased. New charges will be displayed before selecting / renewing a Subscription Plan. If you do not wish to accept any new charge, you may cancel your Subscription before the new charges take effect.

The Subscription is due and payable regardless of whether you used the Services, as well as regardless of the result of using the Services or your satisfaction by the quality of the Services and cannot be reclaimed.

Your Subscription Plan is personal and non-transferable, and you are prohibited from sharing it with third parties, from granting third parties access to the Platform through your account, from disclosing your Login Details to unauthorized persons and from commercially exploiting your Subscription Plan and the information obtained through your account. The Company reserves the right to cancel your Subscription Plan, to suspend your account and restrict your access to the Platform in case of abuse.

Premium Services are provided to Employers for a fee (Subscription), paid in advance to the Company. No Subscription fees are refunded for reasons regarding any change of your needs or your mind, after purchasing the Premium Services, or in case you are not satisfied by the quality of the provided Services.

10. Subscription Payment

You are required to provide valid, current, accurate, complete and accepted billing information to purchase or renew Subscription Plans. You may pay your Subscription through the secure electronic environment of the Stripe service.

Security of your transactions is provided and ensured by Stripe, Inc. The Company is not responsible for any error / failure of payment and for any damage due to the failure / delay of Stripe to complete your payment process.

The Company is not responsible in any case of illegal or unauthorized use of your credit / debit card (or other electronic means of payment). The person who illegally used your card bears responsibility towards you for any damage caused to you.

When you are granted a free trial of Premium Services, we will automatically charge your account with the Subscription fee at the end of the trial period if you continue to use the Platform without prior cancellation.

Unless you cancel your Subscription before the renewal date, you accept to pay the Subscription fee for the next period of use, without your prior approval for the renewal charge. Payments / refunds through payment service providers (e.g. PayPal, Stripe etc.) may be charged by these providers with fees and commissions (e.g. foreign transaction fees), based on each provider's payment / refund policy.

If your Subscription fee is not successfully paid and you have not cancelled your Subscription, we may suspend your account and deny access to the Premium Services until you pay the Subscription fee.

11. Liveseas Agreement

The Employer shall select a Free / Subscription Plan and conclude a contract with the Company to be able to use the Services. The terms on which the Liveseas Agreement will be concluded, are the Terms of Service, as supplemented by the Platform’s Privacy & Cookies Policies.

12. Internet Access

Use of the Platform requires internet access. You must ensure with your own diligence internet access. You are fully charged with any billing, by internet/access services providers, which using of internet involves, for the use of the Platform, either for receiving – sending data to the Company or for paying your Subscription, using a Service etc.

13. Notices

The Company reserves the right to send you important information regarding the Platform’s function, your payments and your Subscriptions, upgrades, improvements and modifications of the Services, amendments of the Services’ price list, safety recommendations, advice for login problems, warnings in any case of breach of the Terms of Service or abuses, responses to your requests, changes to the Terms of Service and the Privacy Policy etc. Information is provided either on the Platform (pop-up) or via e-mail.

14. Device Requirements

For the use of the Platform a terminal device (Computer, tablet, mobile phone), which has the appropriate operating system (ex: Microsoft Windows, Apple MacOs, Android) as well as relevant Internet browser software, is required. Purchase, possession, supply, maintenance and repair of your terminal device are your responsibilities. The Company is not responsible for any inability / difficulty of your terminal equipment to access the Platform or to display the content of the Platform.

Please contact the Company in any case you encounter any problem of logging on the Platform at the e-mail address info@liveseas.com.

The Company does not provide any guarantee of compatibility and smooth operation of the Platform and does not provide the Employer with any kind of hardware.

15. Access and use of the Platform

Access to and use of the Platform by the Employer is governed by / subject to these Terms of Service. The Terms of Service apply to the use of the Platform and the Services. The Terms of Service are an integral part of the Liveseas Agreement. Extra terms or alternative terms may also be in force between the Company and the Employer, only if both parties have previously and unconditionally agreed to them in writing. The Terms of Service apply and prevail over the law, to the fullest extent permitted by law. You agree to be bound by the Terms of Service and the Privacy and Cookies Policy which are incorporated into these Terms of Service, while using the Platform. In case you disagree with the Terms of Service, you are required to refrain from any use of the Platform.

You are not allowed to sign up for an Employer account on the Platform if you do not own / represent a shipping company or a manning agency. Employers are prohibited from having multiple or fake accounts. The Company reserves the right to delete any fake or duplicate accounts.

The Platform operates 24/7. The Company reserves the right to modify, suspend or discontinue the operation of the Platform and/or the Services, either for you or for all Employers, due to maintenance, improvements, updates, commercial policy, force majeure etc., at any time and with no prior notice.

You are solely liable for the safety of your Login Details and any damage caused to the Company, to you or any third party by unauthorized use of your Login Details. You must not disclose your Login Details to third parties and must preserve their confidentiality. We advise you to notify us immediately in case that your Login Details are lost, leaked, stolen, intercepted and/or illegally used by an unauthorized person, so that we can help you recover/change said Login Details and protect your account.

Employers are required not to use the Platform or any other means of expression through the Platform or Company’s social media accounts for the purpose of posting, disclosing, spreading information and generally any content that is illegal, misleading, abusive or racist.

Employers may use the Platform only for the purposes it was built for. Employers must not use the Platform for illegal and/or unfair purposes or for promoting illegal services. Employers are liable for any damage incurred to the Company or third parties by any illegal act or use of the Platform.

The Company provides only the Platform Services without any further involvement. Therefore, the Parties acknowledge and accept that they retrieve the information directly from any natural or legal person, who posted it, either automatically or upon request. The information posted on the Platform is stored and made available for the convenience of the Parties, either free of charge or for a fee, and you may retrieve the information from the Platform’s database on your own risk.

You are solely responsible to confirm that you have the right, in accordance with the legislation applicable to you, to use the Services exactly as offered by the Platform. If the applicable law of the country of your origin imposes conditions, restrictions and legal obligations on the Company that are inconsistent with the way the Platform operates, please refrain from using the Platform.

If for the use of the Platform any applicable legislation requires you to comply with certain conditions / obligations then you are fully and exclusively responsible to do so and if you are unable or unwilling to do so please refrain from using the Platform.

Posting by the Employers on the Platform of any confidential information, business secrets, payrolls and offered salaries, business plans, financial data, intellectual and industrial property material, business organization, personal data of personnel etc. is the sole responsibility of the employers. The Company processes / uses the information only for the provision of the Services. The Company, after posting of any information by the Employer, acquires the right to store, manage, classify, post and disclose this information in the context of providing the Services and only for this purpose.

16. Amendments to the Terms of Service

The Company reserves the right to amend the terms of the Liveseas Agreement to the extent permitted by law, without prejudice to your rights and obligations prior to the amendment. You will be notified of any amendment to the terms of the Liveseas Agreement via email five (5) days prior to the intended amendment. Your failure to declare whether you agree or not to the amendment within 5 days shall be deemed as acceptance of the amendment.

In case you disagree, you may terminate the Liveseas Agreement before the expiry of the notice period. The notice period shall not apply where the Company is subject to a legal or regulatory obligation which requires it to change its terms and conditions in a manner which does not allow it to respect the notice period or where the Company has to change its terms and conditions to address an unforeseen and imminent danger related to defending the Services, Seafarers or Employers from fraud, malware, spam, data breaches or other cybersecurity risks or in cases of force majeure.

17. Breach of the Terms of Service

All the Terms of Service are essential. Any breach of these Terms by the Employer may incur penalties according to the applicable law and the Employer’s obligation to remedy any direct or incidental damage and any lost profits of the Company or any third party, that they may suffer due to the Employer’s illegal and/or adverse to the Terms of Service conduct. In case of any breach of the Terms of Service, the Company may suspend or delete your account, terminate your contract (Liveseas Agreement) and exercise all rights provided by law. Failure or neglect by the Company to enforce at any time any of the provisions of the Terms of Service or the law, shall not be construed nor shall be deemed to be a waiver of its rights nor in any way affect the validity of the whole or any part of the Terms of Service and it does not affect the Company’ right to take subsequent action.

18. Restriction, suspension and termination

Where the Company decides to restrict, suspend or terminate the provision of the whole of the Platform’s Services to a given Employer, it will provide the Employer concerned, at least 3 days prior to the termination taking effect, with a statement of reasons for that decision via e-mail.

The notice period shall not apply where the Company:

(a) is subject to a legal or regulatory obligation which requires it to terminate the provision of the whole of its Services to a given Employer in a manner which does not allow it to respect that notice period; or

(b) exercises a right of termination under an imperative reason pursuant to the law;

(c) can demonstrate that the Employer concerned has repeatedly infringed the applicable terms and conditions, resulting in the termination of the provision of the whole of the Services.

In the event you terminate the Liveseas Agreement, you are obligated to pay fees for all Services received until the effective date of such termination.

19. Limitation of liability

The Company constantly enhances the security level of the Platform, using programs against viruses and malicious software. You are recommended to use software for protection from computer viruses, spyware, malware, ransomware, DDoS Attacks etc. while using the Services. The Company shall not be liable for any damages to your hardware, software and/or data, as well as for any other damage incurred to you or third parties by the aforementioned risks.

The Company shall not be liable for the content of websites to which you may be referred by links, banners, frames etc. inserted in the Platform. The Company shall not be liable for any damage incurred to you by your visiting such websites, as well as for any damage caused by risks appearing in online systems of electronic payment service providers (banks, Stripe etc.), entities advertised in this Platform, affiliates, or other collaborating companies, even if you are referred to said websites by links, banners etc. on the Platform. The Company does not endorse these websites’ content and services and is not responsible for any damage or losses sustained by you or any harm caused to you by these websites / services. Liability and accuracy of the content / information, users’ safety / privacy and protection of their personal data and the quality of services provided is born solely by owners, managers and beneficiaries of said websites, which you visit at your own risk.

Employers are solely responsible for updating their account details, and the Company is exempted from liability for any damage to the Employers or a third party due to outdated information provided by them.

The Company provides the Platform “as is” and as “available” with its specifications and limitations set by the Company. The Company does not provide any kind of warranty about the accuracy, functionality, durability, reliability, compatibility, quality, security and resistance to attacks and does not bear any responsibility for permanent or temporary malfunctions. The Company shall not be liable under any circumstances, towards you or any third party, for any direct, indirect positive damage or loss of profits / income from the use of the Platform or from any use of the Services, provided that it fulfills its legal obligations.

Employers’ listings and the information they post (services, jobs, salaries, slips, facilities, etc.) on the Platform do not imply our approval or endorsement of the content published by each Employer, either directly or with our help.

The Company bears no responsibility for any damage you may suffer due to your reliance on any information posted by the Seafarers. You must evaluate any information available on the Platform and under no circumstances do we guarantee that this information is not obsolete, inaccurate, or misleading.

The Company does not guarantee that a Seafarer is qualified and licensed to work as a seaman. The Company does not control, has no obligation to know, makes no promises, provides no guarantees and bears no responsibility for the quality, safety, characteristics, availability and any other attributes of the services of the Employers. The Company does not guarantee and is not responsible for the compliance of the Employers with the relevant legislation.

The Company shall not be liable for the obligations of the Parties towards the law and any State (social security legislation, labour/tax legislation etc.) from any contract between them. The Company does not verify, know, nor does it guarantee or promise the safety of the Employers' facilities, employment conditions, working hours and wages of the jobs offered. The Company is not responsible for the condition of the facilities, ships, offices, legality of the cargos etc. of the Employers, for compliance with safety and health regulations. The sole responsibility for the above lies with the Employers. The Company, therefore, does not guarantee the safety, health and work of the Seafarers and is not liable for any damage to them from any cause whatsoever during the provision of their services to an Employer (indicatively loss of income, loss of profits, unpaid wages, accident, injury, poisoning, sickness, death, loss of earnings, damage from visiting facilities / sites, use of defective equipment or misuse of equipment, failure to comply with health and safety rules, dismissal, industrial accident, unemployment, war, etc.).

The Company does not advise Employers on the selection of Seafarers or the Seafarers on their professional development. The Company does not participate in recruitment/employment decisions. The Company, other than the provision of the Services, has no involvement or participation, in any manner whatsoever, in any communication, understanding, negotiation, conciliation, agreement, contract, financial transaction, and any other type of interaction or pre-contractual / contractual / post-contractual relationship and any preparatory or other action between the Parties.

The Company does not enter Seafarers' employment contracts or employee lease contracts. The Company is not informed, has no obligation to know, does not know and does not seek information about the result of any communication and/or negotiation between Employers and Seafarers and is not a party to any employment or other type of contract between the Parties.

The Company does not interfere in the formulation of the terms of employment between the Parties (e.g. hours, wages, etc.). The Company does not receive any kind of payment or commission fee for / from any employment contract or any other form of cooperation between the Parties. The Company does not promise that the use of the Services will lead to hiring Seafarers and is not liable in any way or to anyone for the results of the use of the Platform Services.

The Company expressly declares and each Seafarer / Employer accepts that the Company has no obligation: 1) to get involved in out-of-court actions or litigation between the Parties regarding their relations between them, 2) to take the side of any of the Parties, 3) to get involved in any dispute of the Parties, 4) to support any claim of the Parties, 5) to intervene in a lawsuit in favor of any of the Parties, 6) to answer requests / questions of the Parties concerning the employment relationship between them.

The Company shall not be liable for any damage caused to you or a third party, such as property damage, loss of money or work, lost profits / revenues and any claim that may arise between you and the Seafarers.

The Company is not responsible for any damages caused to you, due to your inappropriate choice of Services, incorrect or overdue payment / order / notice to the Company etc.

The Company has no general obligation when providing the Services, to monitor the information which the Seafarers / Employers transmit or store on the Platform, nor a general obligation to actively seek facts or circumstances indicating illegal activity. The Company is exempted from any liability for any content posted in the Platform by the Seafarers and/or the Employers.

The Company bears no responsibility for the loss of any data hosted on its servers. You are solely responsible for keeping a backup copy of the information you post on the Platform.

The Company does not guarantee the accuracy, reliability and truthfulness of the information uploaded / sent by Seafarers regarding their age, their experience, the quality of their services, their identity, skills, studies, abilities, knowledge, achievements, characteristics, etc. The Company bears no responsibility for the integrity, fidelity, suitability, proficiency and any other characteristics of the Seafarers nor for any aspect of their work or any actions or omissions of them.

In any case, the maximum amount of compensation that the Company may be enforced to pay to the Employer, for damages caused by the Company’s or its employee’s / subcontractors’ fault, will not exceed the amount paid by the Employer for the Services.

The Company’s posting of the Terms of Service and their content may not cause any liability for the Company greater than the one provided by law.

20. Force majeure

The Company shall not be liable for any delay or failure to fulfill its contractual obligations if this delay or failure is due to incidents of force majeure. Cases of force majeure constitute especially these incidents: social unrest, revolution, armed conflict, war, nuclear explosion or contamination, famine, earthquake, fire, accidents, flood, strikes, epidemic, pandemic, extreme weather phenomena and natural disasters, strikes, state restrictions, interruptions or malfunctions of electricity or telecommunications or of the online payments / hosting or internet service provider, cyber-attacks, theft, robbery and/or vandalism to the Company's computer systems / networks, terrorist attacks, ransomware, hardware / software errors and problems etc. Employers agree that the Company bears no liability for any damages or losses incurred to them due to incidents of force majeure.

21. Governing law

The Liveseas Agreement is governed by and interpreted following the laws of United Kingdom. The applicable law governs the Platform’s operation, quality and content of the Platform and any disputes arising from the Liveseas Agreement or by law.

22. Dispute Resolution

Any dispute between the Company and the Employer, from the use of the Platform, will be resolved through friendly negotiations between them. If any dispute cannot be resolved through friendly negotiations within a maximum of two (2) months, the Company and the Employer also agree to participate in any other arbitration, mediation, or other alternative dispute resolution proceedings available for such disputes. If any dispute cannot be resolved by these procedures, within a maximum of three (3) months, any lawsuit, action, or proceeding arising out of or related to the Liveseas Agreement or the use of the Platform, shall be heard exclusively in the courts of London, United Kingdom and the Employer irrevocably submits to the jurisdiction of such courts in any such lawsuit, action, or proceeding.

23. Copyright

The Company retains all intellectual / industrial property rights of all the Platform’s content that consists of texts, images, videos, drawings, photographs, graphics, designs, logos and trademarks, computer animation, software, databases, music and audiovisual extracts, advertising pictures and slogans, source code etc.

Distinguishing features, as well as the whole content of the Platform, are further protected under the provisions of unfair competition and industrial property law.

By accepting these Terms of Service, you are granted, by the Company, a license to use the Platform. With this license assignment, you acquire a personal, limited and non-exclusive right to use the Platform.

The Company expressly and unconditionally acknowledges that each Employer, whose trademarks – logos, brands and/or names it uses, is the exclusive and sole full owner of all intellectual property rights to all its distinctive features and assets. Any Employer by registering on the Platform grants to the Company the right to use and display these features / assets on the Platform to accomplish the Platform’s purposes. All CVs uploaded to the Platform and their content are Seafarers’ intellectual property.

The Company reserves the right to promote and advertise its cooperation with any Employer, using the Employer’s name, trademark and other distinctive signs, on the Platform, on websites managed by the Company, in campaigns to businesses similar to the Employer's, in the media, on social media platforms or in distributed material (brochures), in offers, banners, newsletters and through e-mail marketing, fixed installations and posters, for the purpose of promoting Liveseas.com.

24. Feedback

We aim for the continuous improvement of the Platform. We encourage Employers to send us their suggestions and comments about the operation of the Platform. You grant the Company the right to use in any way the comments, reviews, evaluations, ratings, prompts, suggestions, recommendations, complaints, ideas, opinions, reports that you send us or publish on the internet. The Company has the right to publish the above material in order to promote the reliability / quality of the Platform without any compensation to you. We may post the above material on the internet, only under the provisions of the GDPR.

25. Contact & Support

For issues relating to the Platform’s operation, support for the Services and after sale Customer assistance contact the Company’s support department at e-mail: info@liveseas.com.

For any question, necessary clarification or any issues associated with the platform’s use and with the Terms of Service, as well as for any information about the Services’ availability and any other related matter, you may contact the Company at e-mail: info@liveseas.com.

26. Complaint handling policy

The Company’s specialized staff shall stand by you at any moment, being ready to solve any problem and answer any question you may have. For any complaints you may contact the Company at e-mail: info@liveseas.com.

27. Severability

If any part of the Terms of Service shall be determined to be invalid, unlawful, or unenforceable to any extent, this term shall to that extent be severed from the remaining Terms which shall continue to be valid and enforceable to the fullest extent permitted by law. Invalidity of part of the legal act entails invalidity in its entirety only if the legal act would not have been performed without the invalid part.