1.PREAMBLE
Welcome to the UB Sea And Shore Services, Website (https://www.ubseaandshoreservices.co.in), a website owned and operated by a MSME registered organization, UB Sea And Shore Services, which complies with Indian law and order.
UB Services is an online platform specified for the shipping industry, with the major objective of connecting seafarers with shipping companies, maritime training institutes/tutorials, Marine DG Approved Doctors, Marine Agencies, and Maritime Document Assistance Professionals.
Before using our website and its services, you (a seafarer, a company person in charge, or a designated person for the above institutions/organizations) are requested to read and understand the Terms of Use provided herein. By ticking the "I Accept" box during registration, you declare that you accept to be bound by these terms. Whether you act on your behalf or on behalf of a legal entity, you acknowledge and agree that by ticking the "I Accept" box, you agree to be bound by these Terms of Use.
By accepting the Terms of Use, you declare that you are an adult of at least 18 years old. If you are under 18 but not younger than 16 years, you are requested to enter personal details, including the email address of your legal guardian, and obtain their consent on your behalf. It is your responsibility to have previously obtained their explicit consent for the communication of their email address to UB Services.
UB Services never intends to collect personal data of minors younger than 16 years old. In such a situation, UB Services bears no responsibility. For this reason, UB Services urges all persons having custody of minors to inform minor children about the safe and responsible use of their personal data when using the Internet.
UB Services requests everybody to regularly check the applicable Terms of Use as UB Services reserves the right to modify them at any time without notice. Any such modification is considered valid once uploaded on the website.
As these Terms of Use affect your legal rights and obligations, if you have any objections regarding them, please refrain from accessing and using the website and its services provided or made accessible through it.
Disclaimer: The Privacy Policy is an integral part of these Terms of Use.
2.REGISTRATION OF USERS & SERVICES
You do not need to sign up at https://www.ubseaandshoreservices.co.in to navigate the site. However, by creating a personal/official account, you can use the services provided or accessible through the website and fully exploit its functionality, such as sending messages, joining requests, and rating/reviewing, etc.
You are allowed to manually create a personal/official account by providing all the necessary information related to your profile, your type of organization/institution on our website (www.ubseaandshoreservices.co.in) as:
1. A seafarer
2. A shipping company
3. A crew counsellor
4. A maritime training institute
5. A Marine DG approved doctor
6. A shipping agency
7. A maritime document assistance center
8. A maritime coaching tutorial
You may also be asked to fill in additional information (if required based on your profile) before being provided with full access to our services accessible through the website.
UB Services reminds you that you are solely responsible for keeping your username and password secure. It is assumed that you are exclusively responsible for the careful use of your personal account, so please remember to log out each time after use. UB Services is not responsible for any harm or damage that may occur due to your failure to follow this clause.
If you suspect or believe that any unauthorized operation or access has occurred on your account, you must notify us as soon as possible by sending an email to ubseaandshoreservices@gmail.com.
You (any user) are not allowed to create more than one account on the site. Your account is only for personal use. You must not create a personal account through unauthorized means, including but not limited to using an automated device, script, bot, spider, crawler, or scraper.
UB Services categorizes users into two types:
1. General Users:- Seafarers are declared as General Users of our website. As a user compliant with our privacy policy, you hereby declare that you cannot add any unusual language, words, or sentences to your profile. Once you decide to register with us, you agree to provide true, accurate, current, and complete data and to carefully update such data to always remain true, accurate, current, and complete. You are solely responsible for the truthfulness and accuracy of the information you provide.
2. Special Users:- Shipping companies, crew counsellors, maritime training institutes, Marine DG doctors, Marine agencies, maritime documentation assistance centers, and maritime coaching tutorials are declared as Special Users of our website. If you are acting on behalf of a legal entity, it is your responsibility to have their consent beforehand regarding the data you submit on our platform, and we have no liability for that. UB Services does not confirm and is not responsible for ensuring the truthfulness or accuracy of the information you provide. If any of the information you provided changes, please edit it in the "Edit Profile" section of your dashboard or notify us immediately via our email address, info@ubseaandshoreservices.co.in.
By registering with us, you grant us the legal right and license to use and publish, with your consent, the information you provide to other registered users and visitors of the website.
SERVICES :-
1. General User Services:-
A.Free Services:-
After free registration on the UB Services website, a seafarer can avail numerous free services. These services include editing their profile, viewing and applying for urgent/scheduled jobs, viewing the list of employers who have viewed their selected/shortlisted resume, and accessing useful links.
B.Paid Services:-
After free registration on the UB Services website, a seafarer can access paid subscriptions on their dashboard by securely logging in with their personal login credentials. These subscriptions may vary over time and offer limited services with distinct charges.
The paid subscriptions allow the seafarer's profile (in the form of an updated resume) to be broadcasted among shipping companies' dashboards and transferred to their official email for consideration or selection based on their requirements. The selection of seafarers is solely at the discretion of the employers' management. We, as employees, administrators, or team members, do not guarantee or warranty employment based on these subscriptions. The subscriptions are provided solely to offer opportunities to seafarers, and it is the user's own decision whether to avail, agree, or decline the offer.
The subscription charges vary for each subscription. Some charges are non-refundable, while others may be refundable under specific circumstances where the administration fails to provide opportunities. A processing charge of 25% will be deducted from the paid subscription value.
Processing Charges: This is defined as the actual cost of processing seafarers' data from the date of subscription to any subscription until the date of expiry. Within the same time limit and after the expiry of any subscription, this actual value needs to be deducted from the initial subscription value. This value is non-refundable at all times.As per administrations decision and considering to all expenses, the Processing charges has been set as 25%.
Counsellors Charges: These charges are the counselling charges. This amount is being set as 20%/25%/30% of the Processing Charges. It is 20% for Elite, 25% for Prime, and 30% for Platinum Counsellors, based on their rank.
2. Special User Services: Once you register with us as a Special User, you must follow the guidelines below and strictly adhere to our Privacy Policy and these Terms of Use.
A "special user" is defined as shipping companies, crew counsellors, maritime training institutes, Marine DG doctors, shipping agencies, maritime documentation assistance centers, and maritime coaching tutorials.
UB Services reserves all rights to change the registration requirements and subscriptions from time to time but is not obligated to conduct verification and security procedures related to all the information provided by you. If UB Services has valid and proven reasons to believe that the information provided by you during registration, advertisements, posts, or services breaches or appears to breach any provision of these Terms of Use, UB Services, at its sole discretion, may take appropriate legal actions, including deactivating your account, postponing your services, or rejecting your subscription. Please note that UB Services also reserves the right to deactivate, postpone, or reject services if someone, whether a general user or special user, uses IP addresses to conceal the use of any other UB Services account or disrupts the functioning of the website or its services in any way.
Counsellors: Anyone can apply for the rank of Counsellor but must have a graduate/MBA/shipping professional background with minimum shipping knowledge. After registration, the UB Administration will conduct a minimum 3-day online training to familiarize them with UB Services, including service standards and counselling procedures. Once the training is completed, the administration will approve their request. Counsellors work on a commission basis according to the rank determined in our terms and conditions.
Rank - Elite :The Counsellors those registered 0 to 100 subscriptions.The counselling charges is 20% of the Processing charges.
Rank - Prime: The Counsellors those registered 101 to 500 Subscriptions.The Counselling charges is 25 % of the Processing charges.
Rank - Platinum: The Counsellors those registered 501 to No limit Subscriptions.The Counselling Charges is 30 % of the Processing Charges.
This above charges may change time to time as per ,administrations sole discretion.
Commissions are to be credited to their own bank accounts, the details of which they provide during registration, on a monthly basis. They should not be considered as salaried employees of UB Sea And Shore Services but rather as authorized counsellors. If any such professional is found, with evidence, to be accepting bribes from any user as defined in our terms and conditions, they will be terminated from their position as Counsellor and legal actions will be taken in accordance with Indian law and order.
ONLINE SERVICES:-
Our online services are made available for General Users & Special Users.
a)General User:-
Registration of this user is free.Online Subscriptions for this user is of two types.
Subscription Terms:-
- The subscriber availing this service shall be deemed to have consented to be bound by all the applicable terms and conditions of this service.
- The decision of UB Services regarding all transactions under this service shall be final and binding, and no correspondence shall be entertained in this regard.
- UB Services reserves the right to cancel, change, update, modify, extend, or discontinue the services or any part thereof, including charges, at its sole discretion at any time without any prior notice to anyone concerned.
- The subscriber understands that he/she can avail this service at his/her discretion, and the said service shall be availed in the options made available by UB Services from time to time.
- This subscription service provides subscribers with access to certain content for a selected period of time, which will be indicated and chosen by subscriber him/her self prior to purchase.
RESUME BROADCASTER :-
- If the required inputs are unavailable on the Broadcaster form, the order shall be canceled, and the amount paid shall be refunded within three working days.
- The cost of broadcasting resumes, once subscribed and the short resume starts broadcasting/being visible online, is non-refundable.
- The amount paid entitles the subscriber alone to the service provided by UB Services for the chosen subscription period, starting from the date of up-linking the broadcast form on the website (www.ubseaandshoreservices.co.in) after receiving approval from the administration.
- The broadcaster form will be displayed on registered RPSL Employers' dashboard and on the UB website homepage, granting them authorization to view the full resume.
- The broadcaster form will run until the subscription time expires.
- UB Services neither guarantees nor offers any warranties that there will be a satisfactory response or any response at all once the Broadcast form is displayed until it expires.
- UB Services will not be held liable for the loss of any data, technical or otherwise, or any particulars supplied by subscribers due to reasons beyond its control, such as corrupted files/data, site hacking, or data clearing.
- The subscription fee covers the processing charges for broadcasting the subscriber's resume online and to all concerned employers.
- By trusting UB Services, the subscriber agrees to have their short resume broadcasted in UB Broadcaster format and therefore subscribes to the Resume Broadcaster Subscription.
SUBSCRIPTION BROADCASTER:-
-Including above terms conditions ,
- There is no guaranteed employment under the Subscription Broadcaster subscription.
- Opportunities will be provided to subscribed seafarers during the subscription period.
- Subscriptions under Subscription Broadcaster have a money-back policy, which can be initiated after the completion of the subscription period.
- The return of any subscription value (except the processing fee of 15%) can only be initiated at the sole discretion of the administration. This situation may arise when the subscriber is unavailable or misses the offers due to medical reasons or natural calamities.
- If a subscriber, after taking a subscription, does not get connected to/respond to/not reply to their official mail or any electronic link, the subscription value will be withheld in the UB account. The subscription value (except 15% processing charges) is valid for up to 1.5 months (45 days) from the date of the applied subscription.
- The seafarers' dashboard notification shows the dates of the return window period for their subscription fee, based on admin approvals, similar to how bank transfers are done during a subscription request.
- A processing charge of 15% will be deducted from the subscription value, which covers the actual cost of processing the formalities for finding and connecting opportunities to the subscriber.
- No GST is debited from the subscriber's subscription fee, except for the processing charges, which represent the real cost of processing and its non refundable.
- By accepting the terms and conditions of UB Services, a subscriber agrees to pay the processing charges during registration for the subscriptions.
b)Special User :-
Lifetime free registration enabled for such users. All online services except Registeration are paid services.
SUBSCRIPTIONS :-
The General users have no online paid subscriptions to avail. We only offer online paid subscriptions to Special users. The Catagorised paid subscriptions are Onboard Subscriptions & Reference Request Subscriptions.
a) Onboard Subscriptions :-
A Special user ,post completion of registration, can only edit profile and visit the subscription page to enable subscriptions on own dashboard .On site visibility of users services, contact details, Gallery pages would be enabled post activation of paid subscriptions.
The onboard Subscriptions comprises of such features described on subscription pages, which differs relate to catagory of special users(as per para 2.2).Also the fee structure of subscriptions may vary excluding GST (18%).
b) Reference Request Subscription :-
It's a special service (only for subscription holders) for ship owners and shipping employers related to digital third-party crewing.
Based on this service, we receive special requests (through our email ubseaandshoreservices@gmail.com) from shipping employers who are registered members with us, regarding their future requirements in detail for seafarers to join their fleet. These requests must be made well in advance. Once we receive the information, we connect the seafarers from our community and guest seafarers (those who have sent their resume to us via email). The information provided by the employers is discussed clearly and transparently with the designated seafarer. After the seafarer agrees to the requirements and facilities explained by the employers and their willingness to switch to the company (which is confirmed through a written consent in reply to our email or a "GO AHEAD" message reply), we will directly forward their information (UB Sea Resume/Private Resumes collected from seafarers via email) with contact details (provided during registration or on their resumes) only through our REFERENCE REQUEST column on the Company Dashboard. A confirmation email will be sent from our end to the designated company requesting the reference.
Please note that the number of resumes sent through the REFERENCE REQUEST column on the Company Dashboard will be counted based on their subscription details. We, as the website administration, are not responsible for any employment or unemployment related to the seafarers whose database has been shared through the REFERENCE REQUEST column. We also hold no responsibility if anyone claims to have collected bribes through any person or employer during this process. The person making the claim is solely responsible for their statement.
We, as the website administration, declare that the REFERENCE REQUEST facility is only available based on subscriptions and may be modified at our sole discretion. The charges for subscriptions may vary over time without prior notice, but we will notify all users well before the expiry date through email and the Dashboard message board communication system.
3.DATA POLICY
To learn about UB Services' Data Privacy Policy, please visit our "PRIVACY POLICY" for detailed information and better understanding. For more information on how we manage your personal data, where it is stored, how we share your information, and who may have access to it, please refer to our Privacy Policy.
UB Services may process the personal information you provided on our website if:
- We have obtained your prior explicit consent for specific purposes or means of processing.
- It is necessary to provide the requested services through UB Services' website.
- The processing is necessary to protect your vital interests or the vital interests of another individual.
- The processing is strictly necessary to serve an essential public interest.
- The processing is extremely necessary for the establishment, exercise, or defense of legal claims.
- The processing is strictly necessary for the prevention, investigation, detection, or prosecution of criminal offenses or the imposition of criminal penalties.
- The processing is strictly necessary for national security purposes.
Note: To ensure the privacy of your data, UB Services' administration may reset your password periodically. For your safety and security, the credentials will be sent to your registered official email address provided during registration.
4.COOKIES
The cookie privacy policy settings and guidelines are clearly outlined in our Cookies Policy. For more detailed information, please refer to the "Cookies Policy" section of our Privacy Policy.
5.OBLIGATIONS AND RIGHTS.
When navigating through or using the website and its services, you must behave in a decent, discretionary, and discreet manner. The adoption of unfair or counterproductive practices is strictly forbidden according to the code of ethical behavior on the internet.
- You are not allowed to encourage or facilitate the violation of the present terms of use, the privacy policy, and the cookies policy.
- You are not allowed to use the website for any illegal or unauthorized purposes.
- You must not collect any fees for the passwords of other users or use the website for any commercial purposes except for personal use.
- You are prohibited from promoting any content that contains digital viruses or any electronic code that affects the services, causes service interruptions, or involves unauthorized advertising, spam, chain business, or any other unwanted content promotion.
- You are not allowed to sell or distribute part of your user credentials, copy, modify, create derivative works, mirror, frame, republish, download, display, transmit, or use any part of the available website services.
- You will not offend the personality of third parties, including sending abusive or racist content, and will not take any action that constitutes a direct or indirect threat to any other visitor, user, or third party.
- Any user is not permitted or prohibited from posting or transmitting any pornographic, obscene, insulting, defamatory, libelous, threatening, illegal, or other materials that may encourage or lead to behavior potentially considered a criminal offense, or cause civil liability, or violate any provision of the law.
- You will not disclose information relating to yourself and third parties that contains personal data.
- Your actions and omissions will not cause harm, directly or indirectly, to any users or minors, and will not violate the privacy, personal data, and social rights of third parties or other visitors of the site.
- You will not intentionally mislead visitors or third parties by promoting false, misleading, or incorrect information.
- You will not provide false information or harm UB Services in any way.
- Displaying or circulating pornographic or seducing images of anyone, including minors, constitutes criminal offenses and will be prosecuted according to the law. If anyone is found using illegal content on the website, UB Services administration is entitled to discontinue your access to the website, delete your account and contents/posts without notice, and report the case to the competent authorities, reserving any other legitimate rights. UB Services also reserves the right to discontinue, remove, or delete content at its sole discretion if it violates the terms of use, is offensive, illegitimate, or violates the rights of any third-party individual or legal entity.
- Upon your explicit consent, UB Services may advertise the fact that you use UB Services for marketing reasons. In this case, UB Services may use your name, logo, and trademarks in its publicity or marketing materials. You may withdraw this permission at any time by sending a withdrawal request to ubseaandshoreservices@gmail.com.
- UB Services may, from time to time, modify, add, suspend, or discontinue (temporarily or permanently) the provision of any available services/applications, including suspending or terminating (temporarily or permanently) access to the website, without the obligation of prior notice.
- UB Services reserves the right to change or modify these Terms of Use, the Privacy Policy, the cookies policy, and its services at any time, without explanation or prior notice to all users. Any amendment will be effective from the date it is uploaded to our website.
Therefore, we encourage you to regularly visit our Terms of Use and Privacy Policy sections to stay updated on any changes made to our services, in whole or in part.
6. INTELLECTUAL PROPERTY RIGHTS
Upon registering with us with prior explicit consent, you (all users) hereby agree to indemnify UB Services against all losses, liabilities, costs, and expenses (including, but not limited to, legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of your data and, in general, materials provided by you. UB Services owns all intellectual property rights relating to the website and its services, including, but not limited to, all software forming part of the website.
You (all users) are forbidden to modify, translate, create derivative copies of the website, reverse engineer, disassemble the website source code, distribute, sublicense, share, assign timeshare, sell, rent, lease, transmit, or grant the software or the website for your benefit.
When uploading photos or posts, you must comply with copyright law and property rights (including, but not limited to, patents, trademarks, commercial marks, service marks, trade names, designs, graphics, pictures, photos, software, texts, and graphic design of the UB Services website) or attempt such an act. All rights reserved.
7.LIMITED LIABILITY
UB Services does not guarantee that its website and all its services accessed by UB Services will be provided without interruption or error, as uninterrupted access and navigation through the website cannot always be controlled or relied upon by UB Services. Additionally, UB Services is not responsible for any viruses or other malicious data that may be present on its web pages. Any costs incurred for repairs or services due to such issues will be borne by you and not by UB Services.
You are solely responsible for the data, tests, files, messages, information, images, graphics, photos, profiles, applications, links, and other content that you submit, post, or display on the UB Services website. The images, posts, photos, and information you display or post on the UB Services website are considered non-confidential and free of any rights. Therefore, unless you expressly oppose it by sending a request to our official email at ubseaandshoreservices@gmail.com , UB Services has the right to use, copy, reproduce, display, distribute, publish, or transmit them in whole or in part through its website.
UB Services has no responsibility whatsoever for the content of the posts or advertisements you have posted on the site, and you are solely responsible for the truthfulness and accuracy of the information provided by you. In particular, when exchanging information, UB Services acts as an intermediary and has no responsibility for the authenticity or truthfulness of the documents exchanged. You expressly release UB Services from any legal disputes arising with third parties due to the content you have submitted, posted, or displayed on the website.
UB Services does not warrant or guarantee that a seafarer's profile or applied job post will be viewed by any specific company within a specific time frame, or that a job offer will be accepted. Upon registration, you agreed that all your personal information may be collected, correlated, and used by third parties, which may result in receiving messages from third parties without your provocation. You also acknowledge that other visitors, users, or third parties associated with us may contact you by sending messages or leaving relevant comments on the services or applications of the websites. Your explicit consent acknowledges that UB Services is not responsible for any website's internet services or third-party features. Your interaction with other users or third parties is solely at your discretion, and UB Services is under no circumstances responsible.
Under no circumstances is UB Services or its users, registered members, or collaborators responsible for whether you manage to get a job or not, as it is a matter that rests exclusively upon you.
8.ADVERTISEMENTS AND SPONSORS.
UB Services' website may host required advertising and promotional messages or posts related to the shipping industry. You are free to click on the advertised posts or services at your own discretion. UB Services does not bear any responsibility for your communication with the third-party service providers advertised on the website or for any transactions that may arise from your relationship with them. UB Services is not responsible for the truthfulness or authenticity of the advertisements or promotional material displayed on the website, whether they are legal or not, and therefore cannot be held responsible for any such material. The responsibility for such content lies with the advertiser or the creator of the promotional material being displayed.
In this regard, any complaints concerning the content of advertisements or promotional materials displayed on the website should be forwarded directly to the interested parties involved, as UB Services has no responsibility in this matter.
9.PAYMENTS
The UB Services website operates on a freemium model for general users (seafarers) and offers paid services for special users. Please note that the website does not handle payments for these services directly. Instead, payments are processed through a secure third-party payment gateway that manages all aspects of the payment process. Once we receive notification from the payment processor (payment gateway) that a payment has been made, access to the purchased services will be manually granted as soon as possible. However, we cannot guarantee the exact timeliness or immediacy of this process. If you believe that your payment was successful but the purchased service was not provided or activated within a reasonable time frame, please contact the website administration directly with the appropriate notice. For immediate assistance, please reach out to us via our official email at ubseaandshoreservices@gmail.com.
10. REFUND POLICY.
If you are not completely satisfied with your purchase of our services, please contact the UB Services website administration (ubseaandshoreservices@gmail.com) with your claim within seven (7) days after the service activation date. We will review your claim and make a decision at our sole discretion regarding whether to issue a partial or full refund. Please note, on seafarers subscriptions ,if once the subscription is get activated online ,the processing charges must be debited from the initial subscription value during refund if initiated .The refund will be processed within seven (7) business days after the claim has been approved. The refund will be issued using the same payment method as the original payment. We will notify you once the refund process has been completed.
11. LINKS TO AND FROM OTHER WEBSITES.
The UB Services website may contain links to other websites. However, UB Services is not responsible for the content, services, privacy policy, quality, or completeness of these third-party websites. The security, legality, and validity of the content on these websites are the sole responsibility of the respective third-party websites, and they hold civil and criminal liability for it.
UB Services explicitly states that it does not provide any direct or indirect approval, endorsement, relationship, sponsorship, or collaboration with linked websites, unless expressly stated otherwise. If you encounter any issues during your visit to these websites, please contact the respective websites directly, as they are solely responsible for the provision of their services.
UB Services does not have control over other third-party websites. If you choose to access these third-party websites associated with our website, you do so at your own risk.
Furthermore, UB Services actively participates in social media platforms such as Facebook and Google+. UB Services has created its own page on these platforms. However, participation in these social media platforms does not imply any claims or demands from your side, and UB Services is not responsible for the existence and content of these pages or their respective privacy policies.
12. BREACH OF TERMS .
It is strictly forbidden to violate the UB Services website and all its services that are made available or accessed through UB Services. Violation of these terms may result in the deletion of your account, and it may also lead to civil or criminal prosecution at the sole discretion of UB Services.
By accepting our Terms of Use, you agree to fully indemnify UB Services, as well as UB Services' collaborators, partners, and cooperating companies, from any offense, demand, or claim. You also agree to bear, on behalf of UB Services, any judicial and legal costs that may arise from the violation of the content of these terms or the violation of third-party rights during your use or navigation of the website.
13. LAW AND ORDER UPON DISPUTES
If you have a claim against us that pertains to your own actions, omissions, content, or information that you provided to us, you declare that you will indemnify and release UB Services from all liability and obligations. You also agree to compensate for any damages suffered by UB Services itself or its associates or partners, and to reimburse any expenses incurred by UB Services (including legal fees) related to the claim that was incorrectly raised against us.
If any provision of these Terms is deemed void or unenforceable by any court of jurisdiction, you agree that the affected part of the provision will be severed from the Terms of Use. This will not affect the validity of the remaining provisions, which will remain in force. Neither the course of conduct nor trade practice will modify these Terms. These Terms do not confer any rights to third-party beneficiaries.
14. CONTACT US.
You may contact UB Services for any requests, suggestions, or complaints about our services, corrections, deletions of our Terms of Policy or Privacy Policy, or revocation of your consent by sending an email to us at ubseaandshoreservices@gmail.com.
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