Terms


RECRUITMENT & PLACEMENT SERVICES


CANDIDATE TERMS & CONDITIONS

REVISION: 0.2                                                                                                  Dec-20


BACKGROUND: 

Cruise Academy Ltd provides Seafarer Recruitment and Placement Services at no cost to the candidate.


Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:


“Agency”

means Cruise Academy Ltd a company registered in England & Wales under number 10737155 whose registered office is at Prinny Mill Business Centre, Haslingden, Rossendale, Lancashire, BB5 5HL;

“Candidate”

means any person using the Services for the purposes of finding employment;

“Client”

means any person, firm or company including any associates or subsidiaries to whom the Candidate may be introduced;

“Personal Data”

means data relating to a living individual (in this case the Candidate) that enables them to be identified and includes, but is not limited to, the Candidate’s name, citizenship, telephone number and email address;

“Services”

means the recruitment and placement services provided by the Agency to the Candidate as set out in these Terms and Conditions.


Unless the context otherwise requires, each reference in these Terms and Conditions to:

“writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

“these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;

a Schedule is a schedule to these Terms and Conditions; and

a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and

a "Party" or the "Parties" refer to the parties to these Terms and Conditions.

The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

Words imparting the singular number shall include the plural and vice versa.

References to any gender shall include the other gender.


The Contract

The Candidate shall be deemed to have accepted and agreed to be bound by these Terms and Conditions upon checking the relevant box on the application submission form on the Agency website, and by submitting any information or data via the careers portal to the Agency.

The Agency may update these Terms and Conditions from time to time for legal or regulatory reasons. The Agency will make reasonable efforts to notify Clients and Candidates of any changes.

These Terms and Conditions supersede all previous terms of business.


The Services

The Candidate shall have the facility to browse vacancy advertisements and apply for any vacancies that it so chooses.

The Agency shall provide its services to the Candidate at no cost to the Candidate.

While the Agency guarantees that no fees or other charges for recruitment or placement will be borne directly or indirectly by the candidate, candidates may be required to obtain a national statutory medical certificate, seafarer’s book, passport, training certificates, or other similar personal travel documents at their own cost.

Whilst the Agency shall use its best and reasonable endeavours to inform the Candidate of any and all vacancies that meet the Candidate’s requirements, it does not warrant and provides no guarantee that any such vacancies will be available, or that the Candidate shall be informed of available vacancies.

The Agency does not provide any warranty or guarantee of any kind that the vacancy advertisements and other information made available to the Candidate are complete, accurate and up-to-date.


Candidate Information

In order to use the Services, the Candidate agrees to provide personal information which may include, but not be limited to, their contact information, passport details, qualifications, training, experience, certificates and licenses, employment history, medical history, criminal background checks and character references.  The Agency requires such details in order to match the Candidate with the appropriate Clients and vacancies.

The Candidate must ensure that all information submitted to the Agency is, to the best of their knowledge, true, accurate, complete and up-to-date.

In the event that the information submitted to the Agency becomes incorrect, inaccurate, incomplete or out-of-date, the Candidate must submit appropriately revised information to the Agency as soon as is reasonably possible.

Where any of the information submitted to the Agency contains details which may be used to identify a third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Agency prior to submitting the information.


Applications

When applying for a vacancy, the Candidate must ensure that they:

have read the complete details of the vacancy;

understand the requirements of the vacancy;

meet the requirements of the vacancy; and

possess any requisite experience, qualifications and licenses required by the vacancy.

The Agency shall forward the Candidate’s details to Client’s for the purpose of the relevant vacancy only. Candidates may not apply for multiple vacancies simultaneously with the same Client, nor will the Agency handle applications simultaneously for multiple Clients.

The Agency reserves the right and the discretion to decline to forward applications to its Clients if it considers them to be in breach of these Terms and Conditions.

The Candidate agrees to advise the Agency if they have an application pending, or have previously applied for the same vacancy, regardless of whether the application was submitted directly to the respective cruise line, or another hiring/manning agent. In such cases, the Agency may not be able to progress the application.


Blacklisting

The Agency guarantees an efficient, adequate and accountable system that protects and promotes a Candidate’s employment rights. As such, the Agency will never refuse its Services to a Candidate for a reason related to a ‘prohibited list’, otherwise known as a blacklist. Additionally, the Agency will not create, supply, sell, or use a blacklist that could prevent qualified Candidates from obtaining employment.


Data Protection

The Agency will collect certain Personal Data and other information from the Candidate which is required for the provision of the Services.  Such Personal Data is collected, held and processed by the Agency for the following purposes:

Providing information regarding vacancies and other relevant information to the Candidate;

Matching relevant Candidates and vacancies;

Monitoring and improving its services and;

Complying with the requirements of the Maritime Labour Convention 2006 and other applicable national and international regulations.

The Agency is a data controller under the Data Protection Act 2018 and as such is registered with the Information Commissioner’s Office.

Subject to sub-Clause 7.4, the Agency shall not share any Personal Data with any third parties without the consent of the Candidate.

The Agency may share Personal Data with the following parties without the prior consent of the Candidate:

Another business which merges with or acquires the Agency;

Regulatory bodies or law enforcement authorities;

Any professional advisors, contractors or sub-contractors that the Agency may appoint from time to time.

Any third parties in receipt of Personal Data under sub-Clause 7.4 shall be subject to the provisions of the Data Protection Act 2018 or relevant Privacy Law applicable to their country.

Details of successful Candidates will be retained by the Agency according to the requirements of national and international laws and regulations. The Client cruise line will assume responsibility for retaining contracts and other personal data as per MLC 2006 requirements and the Candidate’s Seafarer Agreement. The Candidate’s basic data (name, email address, telephone number, nationality & position applied for) will remain available indefinitely in the Agency’s Database unless the Candidate instructs the Agency to remove it. They may do so by emailing the Data Protection Officer via ops@cruise-academy.co.uk.

The Agency makes no warranty or representation that any Client or Employer will keep confidential any of the Candidate’s information or data provided to that Client or Employer.

The Candidate may request full details of the Agency’s Data Protection Policy by emailing the Data Protection Officer via ops@cruise-academy.co.uk.


Liability

The Agency shall not be liable for any of the following:

The loss of any data, CVs or other materials submitted by the Candidate;

Any errors or inaccuracies present in the information presented to Candidates including, but not limited to, vacancy advertisements;

The failure of the Candidate to secure employment with any of its Clients whether caused by the negligence of the Agency, its employees or agents, or any other cause;

The failure of the Candidate to secure employment due to their inability to achieve the necessary medical clearance;

Any loss or damage of any kind, howsoever caused, arising out of the negligence, misconduct, dishonesty, breach of faith or breach of contract on the part of any Client; and

Any loss or damage of any kind howsoever caused, arising out of any material submitted to the Agency by the candidate.

If the Agency is in breach of these Terms and Conditions, we will only be responsible for any losses to the extent that they are a foreseeable consequence to both of us.  Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.

Nothing in these Terms and Conditions shall exclude or otherwise restrict the Agency’s liability for death or personal injury arising out of its own negligence.


Indemnity

The Candidate shall indemnify the Agency against any costs, liability, damages, loss, claims or proceedings which may arise out of its use of the Services; its submission of any information set out in these Terms and Conditions or any other information; any applications it may submit to any Client; or any breach of any part of these Terms and Conditions.


Force Majeure

Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.  Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.


Relationship of Parties

Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership, the relationship of principal and agent, or of employer and employee between the Agency and the Candidate.


Third Parties

Nothing in these Terms and Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any party that is not a party to these Terms and Conditions.


Severance

In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.


Modification

The Agency may modify these Terms and Conditions at any time. 

If the Candidate does not agree to be bound by any modified terms and conditions the Agency may introduce, they should immediately cease using the Services upon publication of those terms and conditions.


Complaints

The Agency welcomes and encourages feedback of all kinds from its Candidates and Clients. Complaints relating to any aspect of the Services provided should be made in accordance with the Agency’s Complaints Policy, available on their website.

If a Candidate feels that a complaint hasn’t been handled fairly and/or in a timely fashion by the Agency, they may contact the UK Maritime Coastguard Agency via mlc@mcga.gov.uk.


Law and Jurisdiction

These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.