CRWDEX Terms and Conditions
PARTIES
This CRWDEX Service Agreement (“this Agreement”) is between CRWDEX Pty Ltd A.C.N. 697283122 (“we”, “us”, or “CRWDEX”) and each user (“you” or “User”) that accesses or uses the website, applications, or platform maintained and/or operated by us (“the Website”) to list crew opportunities, seek maritime engagements, verify credentials, or facilitate maritime crewing arrangements.
RECITALS
A. CRWDEX operates a digital marketplace platform that connects independent freelance maritime crew seeking voyage opportunities with vessel operators, owners, or masters seeking qualified personnel. B. CRWDEX acts solely as an intermediary marketplace facilitator and is not a party to any employment, independent contractor, or charter engagement entered into between Users. C. By registering an account, accessing, browsing, or using the Website, all Users acknowledge that they have read, understood, and agree to be bound by the terms, conditions, and operational policies set out in this Agreement.
1. DEFINITIONS & INTERPRETATION
1.1 Definitions
In this Agreement, unless the context otherwise requires: AMSA means the Australian Maritime Safety Authority.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth). Booking means the formal acceptance and confirmation of a Booking Agreement between a Captain and a Crew member via the Website. Captain means a Member who registers on the Website as a vessel owner, vessel operator, manager, company, or master seeking to connect with, source, or engage Crew for Voyages.
Booking Agreement means the private, direct contract or arrangement formed between a Captain and a Crew member governing the specific terms of a Voyage engagement.
Crew means a Member who registers on the Website to seek maritime contract opportunities, voyage, or freelance crewing engagements.
Crew Cost means the gross monetary amount specified by the Crew member (or agreed between the Captain and Crew member) as compensation for the maritime services rendered during a Voyage engagement.
Listing means an advertisement or posting published on the Website by a Captain detailing an opportunity for Crew, including vessel details, Voyage specifications, required qualifications, and duration.
Member means any User who completes the account registration process on the Website, including Captains and Crew.
Privacy Policy means the CRWDEX Privacy Policy as updated from time to time on the Website. Service Fee means the fee payable to CRWDEX for facilitating the marketplace platform.
User means any individual, corporation, or entity that accesses, views, or utilizes the Website, whether as a visitor or a registered Member.
Vessel means any boat, ship, commercial craft, or marine structure owned, operated, or commanded by a Captain.
Voyage means the specific maritime journey, transit, contract period, or operational engagement for which a Crew member is retained via the Website.
1.2 Interpretation
In this document, unless the context indicates a contrary intention: Corresponding meanings: A word that is derived from a defined word has a corresponding meaning.
Documents: A reference to this document or another document includes any document which varies, supplements, replaces, assigns or novates this document.
Gender: Words importing one gender include all other genders.
Headings: Clause headings are inserted for convenience only and must not be used when interpreting this document.
Including: Including and includes are not words of limitation.
Joint and several: An agreement on the part of two or more persons binds them jointly and severally.
Legislation: A reference to any legislation or provision of legislation includes all amendments, consolidations or replacements and all regulations or instruments issued under it.
Natural person: A reference to a natural person includes their personal representatives, successors and permitted assigns.
Parts: A reference to one or more things includes each part and all parts of that thing or group of things.
Person: A reference to a person includes a natural person, corporation, statutory corporation, partnership, the Crown and any other organisation or legal entity.
Requirements: A requirement to do any thing includes a requirement to cause that thing to be done, and a requirement not to do any thing includes a requirement to prevent that thing being done.
References: A reference to a party, clause, schedule or annexure is a reference to a party, clause, schedule or annexure of this document.
Rights and obligations: A reference to a right or obligation of a party is a reference to a right or obligation of that party under this document.
Rules of construction: Neither this document nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for its drafting.
Singular: The singular includes the plural and vice-versa.
Time and date: A reference to a time or date in connection with the performance of an obligation by a party is a reference to the time and date in New South Wales, Australia, even if the obligation is to be performed elsewhere.
Writing: A reference to a notice, consent, request, approval or other communication under this document or an agreement between the parties means a written notice, request, consent, approval or agreement.
2. THE CRWDEX SERVICE & PLATINUM NATURE
2.1 Marketplace Facilitation
CRWDEX operates as an online marketplace platform modeled conceptually as a peer-to-peer facilitator within the maritime domain. The Service is strictly limited to providing a platform where Crew can advertise their qualifications and availability, Captains can post Listings for maritime roles, and the parties can communicate, and execute Bookings.
2.2 Independent Contractor Status
(a) CRWDEX does not employ Crew, nor does it operate, manage, command, lease, charter, or possess any Vessel listed on the Website. (b) No employment relationship, joint venture, partnership, or agency relationship is created between CRWDEX and any Member by virtue of this Agreement or the use of the Website. (c) Crew act exclusively as independent, freelance service providers under direct contract to the Captains who retain them.
2.3 Exclusions of Agency and Brokerage
You acknowledge and agree that CRWDEX does not act as a traditional commercial marine crewing agency, charter broker, marine insurer, or legal representative for any Captain, Crew member, or Vessel. CRWDEX takes no responsibility for the performance, safe execution, operational outcomes, or contractual compliance of any Voyage or Booking Agreement.
3. MEMBERSHIP & ACCOUNT REGISTRATION
3.1 Eligibility
To register as a Member, you must be a natural person at least 18 years of age or a validly operating corporate entity, possessing the full legal capacity to enter into binding commercial contracts.
3.2 Account Integrity
When creating an account, you agree to provide complete, accurate, and up-to-date information. You are solely responsible for safeguarding your account credentials and password. You accept liability for all activities, actions, and transactions occurring under your account. You must immediately notify CRWDEX of any unauthorized use or security breach of your account.
3.3 Verification Consent
By registering an account, you explicitly grant CRWDEX the right to conduct independent background inquiries, identity verifications, reference reviews, and qualification checks, including utilizing third-party verification agencies or automated software tools, in full alignment with our Privacy Policy.
4. CREW OBLIGATIONS, QUALIFICATIONS & VERIFICATION
4.1 Professional Warrants
This section applies if you register or interact on the Website as Crew. By offering your services or accepting a Booking, you warrant and represent that: (a) You possess all valid, legally required certifications, licenses, tickets, and medical clearances mandated by AMSA, international maritime laws (including STCW regulations where applicable), and state regulators for the specific Voyage; (b)All information, employment history, sea time records, references, and qualification documents uploaded to the Website are genuine, authentic, accurate, and completely free from misleading representations; and (c)You are physically fit, mentally prepared, and legally permitted (including having valid work rights in Australia) to perform the duties required for the duration of the Voyage engagement.
4.2 The Verification Protocol
(a) CRWDEX implements a qualification checking service whereby it reviews and attempts to verify the specific maritime certificates and qualifications submitted by Crew. (b) You explicitly acknowledge that CRWDEX’s verification protocol is a marketplace administrative check based on documentation submitted by the Member and external registry confirmations where available. It does not constitute an absolute guarantee, insurance policy, or comprehensive endorsement of the Crew’s physical competence, practical skill, real-time sobriety, psychological fitness, or on-board conduct. (c) While CRWDEX takes reasonable steps to filter and verify credentials to enhance marketplace safety, the ultimate legal responsibility to verify the physical capability, fitness, and suitability of the Crew member prior to setting sail rests entirely with the Captain.
4.3 On-Board Conduct and Safety
Crew must comply explicitly with all lawful commands, safety management systems, on-board policies, emergency protocols, and operational directions issued by the Captain or Master during a Voyage While onboard. Crew must maintain a zero-tolerance policy regarding illicit substances and prohibited alcohol levels as defined by relevant maritime safety legislation.
5. CAPTAIN & VESSEL OBLIGATIONS
5.1 Listing Standards
This section applies if you register or interact on the Website as a Captain. When creating a Listing or seeking Crew, you must provide comprehensive, accurate, and truthful details, including: (a) The exact specifications, build, capacity, class, and commercial registration status of the Vessel; (b) Any applicable; Survey Certificates and Certificates of Operation issued by AMSA, or clear evidence of valid regulatory exemptions; (c) The precise nature, routing, estimated duration, operational hazards, and required qualification benchmarks of the Voyage; and (d) The gross Crew Cost offered, inclusive of all relevant statutory requirements (including superannuation, which may be expressed as a percentage) where applicable.
5.2 Seaworthiness and Compliance
As a Captain, you warrant and covenant that: (a) The Vessel is structurally sound, properly maintained, thoroughly provisioned, and completely seaworthy. (b) You will operate the Vessel in absolute alignment with all applicable maritime legislation, environmental laws, and vessel capacity limits. (c) If the Vessel is a commercial vessel:
- it is operated in strict accordance with the National Standard for Commercial Vessels (NSCV) and all applicable AMSA marine orders; -The Vessel carries all required life-saving appliances, medical equipment, safety gear, and communication systems appropriate for the operational area; -You maintain an active, compliant, and regularly reviewed Safety Management System (SMS) as mandated by N.S.C.V. Part G; and
5.3 Insurance Requirements
(a) If the Vessel is a commercial vessel, the Captain must hold and maintain valid, comprehensive marine insurance policies under the Marine Insurance Act 1909 (Cth) and dedicated Protection and Indemnity (P&I) or Protection Liability coverage. This policy must specifically cover third-party contractors, freelance crew, and all maritime activities contemplated under the Booking Agreement. You must provide copies of any Certificate of Currency to CRWDEX or a Crew member immediately upon request. (b) If the Vessel is not a commercial vessel, the Captain must hold and maintain valid appropriate insurance policy. You must provide copies of any Certificate of Currency to CRWDEX or a Crew member immediately upon request.
6. THE CREWING ENGAGEMENT (THE BOOKING AGREEMENT)
(a) Captains and Crew acknowledge and agree that the formalization of a Booking constitutes a direct, legally binding contract (the “Booking Agreement”) executed exclusively between the Captain and the Crew member. (b) CRWDEX is not a party to any Booking Agreement, employment arrangement, or freelance service contract formed via the platform. CRWDEX expressly disclaims all liability arising out of, or in connection with, the performance, non-performance, breach, or dissolution of any Booking Agreement.
6.2 Dispute Management Between Members
Any legal or operational dispute regarding on-board duties, weather delays, routing modifications, standard of work, or premature termination of the contract must be resolved directly between the Captain and the Crew member. CRWDEX reserves the absolute right, but carries no statutory obligation, to provide platform-level mediation or administrative dispute support where possible
7. FINANCIAL TERMS, PAYMENTS & FEES
7.1 Marketplace Service Fee
(a) In consideration for the provision of the marketplace infrastructure, technical verification systems, and digital billing facilitation, CRWDEX charges a Service Fee. (b) The Service Fee is paid by the Captain and will be calculated and displayed upon executing a Booking request. CRWDEX will issue a valid Tax Invoice directly to the Captain solely for this Service Fee.
7.2 Appointment as Limited Billing Agent
(a) No Employment or Procurement Agency This appointment is strictly clerical and financial. It does not constitute an agreement for CRWDEX to act as an employment agent, labor hire firm, or procurement agency.
7.3 Payment Pre-Authorisation and Service Fee Processing
(a) Card Vaulting and Pre-Authorisation To facilitate a Booking, Captains are required to provide valid credit card or payment details. These details are securely saved and vaulted by our third-party payment gateway. Upon acceptance of a Booking, CRWDEX may place a pre-authorisation hold on the Captain's vaulted payment method to verify the card's validity and ensure sufficient funds are available for the applicable Service Fee.
(b) Automatic Payment Upon Completion The vaulted payment details are held securely for the duration of the Voyage. Upon the formal confirmation of the completion of the maritime job or Voyage via the Website, CRWDEX will automatically process, charge, and capture the applicable Service Fee directly from the Captain’s vaulted payment method.
(c) Crew Cost Settlements As CRWDEX does not operate an escrow service or hold funds on behalf of Users, the remittance of the gross Crew Cost remains a direct financial obligation between the Captain and the Crew member, to be settled in accordance with their independent Crew Agreement.
7.4 Tax Obligations and Invoicing Limitations
(a) No Recipient Created Tax Invoices (RCTIs) All parties acknowledge and agree that CRWDEX is a marketplace facilitator and is not the recipient or purchaser of the Crew’s services. CRWDEX will not, under any circumstances, issue Recipient Created Tax Invoices (RCTIs) to or on behalf of any Member.
(b) Commercial Records and Proforma Tax Invoices The digital cost breakdown displayed in the platform chat interface and any automated email dispatched by CRWDEX serve strictly as a commercial record of the facilitated transaction. CRWDEX will formulate and provide a tax invoice on behalf of the Crew member. This tax invoice is calculated and generated relying exclusively on the information submitted by the Crew member. While Crew members are required to indicate their Goods and Services Tax (GST) registration status on the platform, CRWDEX relies entirely on this self-declaration and does not independently verify, audit, or track whether individual Crew members are legally registered for GST.
(c) User Tax Responsibility Members bear sole and exclusive responsibility for their own income tax, Goods and Services Tax (GST), and pay-as-you-go (PAYG) withholdings compliance under Australian law.
(d) User Tax Responsibility - Superannuation Without limiting clause 7.4 (c) above, CRWDEX is not responsible for determining whether a Crew Member is entitled to superannuation guarantee contributions. The Captain is solely responsible for determining whether a Crew Member is entitled to superannuation guarantee contributions and, if applicable, for remitting those payments outside of CRWDEX. Notwithstanding this, to assist with this administrative process, CRWDEX may facilitate the exchange of necessary documentation by providing the Captain with the most recent version of a superannuation standard choice form as completed by the Crew member.
8. ACL COMPLIANCE, DISCLAIMERS & LIMITATION OF LIABILITY
8.1 Australian Consumer Law (ACL) Guarantees
Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on the User by the Australian Consumer Law or any other non-excludable statutory provision. To the extent that CRWDEX supplies services to a consumer under the ACL, our services come with guarantees that they will be provided with due care and skill, be fit for a particular purpose, and be supplied within a reasonable time.
8.2 Platform "As-Is" Disclaimer
Subject to clause 8.1, the Website, platform, verification services, and all content provided therein are supplied on an “as is” and “as available” basis without any express or implied representations, endorsements, or warranties of any kind. Without limiting the generality of the foregoing, CRWDEX does not warrant that: (a) The Website will be permanently accessible, uninterrupted, secure, or entirely free from technical errors, bugs, or malware; (b) The information, credentials, safety records, or listings displayed on the platform are continuously accurate, complete, or up-to-date; or (c) Any registered Member will successfully secure crew, voyages, or financial outcomes.
8.3 Limitation of Liability
To the maximum extent permitted by the laws of New South Wales and the Commonwealth of Australia, and subject strictly to clause 8.1, CRWDEX, its directors, officers, employees, agents, and affiliates, shall not be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages whatsoever. This includes damages for loss of use, loss of profits, commercial interruption, loss of data, loss of marine contracts, damage to vessel goodwill, hull or machinery damage, cargo loss, personal injury, or wrongful death arising out of or related to: (a) The use, performance, failure, or inability to use the Website or platform; (b) Any operational act, omission, negligence, navigational error, or willful misconduct of any Captain or Crew member during a Voyage; (c) The failure of a Crew member to possess proper credentials or the failure of a Vessel to maintain seaworthiness; (d) Any verification actions, criminal background checks, or reference reviews executed by CRWDEX; or (e) Any transaction or payment flow managed via CRWDEX’s third-party payment processing gateway
8.4 Statutory Cap
Where legislation implies any condition or warranty that cannot be excluded, CRWDEX’s liability for a breach of such condition or warranty is limited, at our absolute option, to: (a) The re-supply of the marketplace services to the User; or (b) The payment of the cost of having the marketplace services supplied again.
9. WEBSITE USE, PROHIBITIONS & INTELLECTUAL PROPERTY
9.1 Prohibited Conduct
You must not misuse, disrupt, or exploit the Website. All Users covenant that they will not: (a) Commit, facilitate, or encourage a criminal offense or violate maritime security legislation; (b) Transmit, seed, or distribute a virus, Trojan, worm, logic bomb, or any other material which is malicious, technologically harmful, or in breach of confidence; (c) Hack into any aspect of the service, corrupt platform data, or cause systematic annoyance to other platform Members; (d) Infringe upon the intellectual property, trademark, or proprietary rights of CRWDEX or any other person; (e) Send unsolicited advertising, promotional materials, or automated communications commonly referred to as "spam"; or (f) Attempt to reverse-engineer, decompile, or scrape the data of the platform.
9.2 Criminal Violations
Breaching clause 9.1 may constitute a criminal offense under the Crimes Act 1900 (NSW) and the Cybercrime Act 2001 (Cth). CRWDEX may report any such breach (or suspected breach) to the relevant law enforcement authorities and disclose the identity and electronic footprint of the offending User in full compliance with applicable statutory mandates.
9.3 Intellectual Property & Content License
(a) All intellectual property rights, trademarks, brand designs, code architectures, database arrays, and textual materials appearing on the Website are owned exclusively by or licensed directly to CRWDEX. (b) By uploading, posting, or transmitting profile details, listings, qualifications, photographs, or reviews to the Website, you grant CRWDEX an unrestricted, perpetual, irrevocable, worldwide, royalty-free, sub-licensable license to use, reproduce, modify, adapt, publish, translate, and display such content for operational, marketing, verification, and business development purposes. This license expressly survives the termination of this Agreement or the closing of your account.
9.4 Linked Sites
The Website may contain links to third-party web portals, validation registries, or external applications (such as Stripe) which are not operated by us. CRWDEX retains no control over these external sites and accepts no legal responsibility for their availability, content, or any loss or damage that may arise from your utilization of them.
10. INDEMNITIES
10.1 General Indemnity
You agree to indemnify, defend, and hold harmless CRWDEX, its directors, officers, employees, consultants, agents, and corporate affiliates from any and all third-party claims, liabilities, operational losses, damages, structural fines, and costs (including legal fees on a full solicitor-client basis) arising directly or indirectly from: (a) Your access to or use of the Website; (b) Your breach of any term, condition, representation, or professional warranty contained within this Agreement; (c) Your conduct during a Voyage, operation of a Vessel, or performance under a Booking Agreement; (d) Any claim of negligence, property damage, personal injury, or statutory breach brought against CRWDEX by a third party as a consequence of a maritime engagement booked through your account; or (e) Your infringement of any intellectual property rights or privacy rights of a third party.
10.2 Navigation and Maritime Risk
Captains and Crew acknowledge that maritime operations are inherently dangerous activities involving unpredictable weather, navigational hazards, and systemic risk. The parties assume all such risks and explicitly indemnify CRWDEX against any marine liability, salvage claims, environmental pollution fines, or asset forfeitures connected to bookings initialized on the platform.
11. DISPUTE RESOLUTION
(a) If a dispute arises between a User and CRWDEX regarding the operation of this Agreement, the parties agree to negotiate in good faith to resolve the matter colloquially. (b) If the dispute cannot be resolved within thirty (30) days of initial written notice, the parties agree to submit the dispute to private mediation administered by the Australian Commercial Disputes Centre (ACDC) in Sydney, New South Wales, before resorting to litigation. The costs of the mediation shall be borne equally by the parties.
12. GENERAL BOILERPLATE PROVISIONS
12.1 Notices
Any notice or other communication given or made under this Agreement must be in writing and: (a) Must be signed (including electronically or digitally) by the party giving or making it (or signed on behalf of such party by its duly authorised representative); (b) Must be delivered to the physical or electronic address registered by the Member or published by CRWDEX. (c) If the time of dispatch of an email is after 4.00 pm (local time) on a day in which business generally is carried on in the place to which the email communication is sent, it will be deemed to have been received at the commencement of business on the next business day in that place. (d) A recipient of a notice given pursuant to this clause need not enquire, where the notice purports to be signed on behalf of a party by its duly authorised representative, as to the authority of the representative signing the notice.
12.2 Governing Law
The contents of this Agreement, its meaning and interpretation, and the relationship of the parties are to be governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of the courts of New South Wales and courts that hear appeals from those courts.
12.3 Invalidity
If any part of this Agreement is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected and the remaining portion is to remain in full effect as if this Agreement had been signed with the invalid portion eliminated.
12.4 Waivers
No failure on the part of a party to exercise, or delay on its part in exercising, any of the rights or remedies provided by this Agreement or by law operates as a waiver of them. Any single or partial exercise of any of the rights or remedies does not preclude any further or other exercise of such right or remedy or the exercise of any other of the rights or remedies. Any waiver or consent by a party is effective only if it is in writing signed by or on behalf of that party and then only to the extent expressly stated in the writing and in the specific instance and the purpose for which it is given.
12.5 No Merger
Notwithstanding the completion of any of the transactions or Bookings contemplated by this Agreement, any obligation of a party, which is of a continuing nature or is not fully satisfied and discharged, will not merge on completion but will continue in favour of the party to which it is owed and remain in full effect.
12.6 Survival of Indemnities
Each indemnity of a party contained in this Agreement is a continuing obligation of that party despite any settlement of accounts and remains in full force and effect until all money owing, contingently or otherwise, under any indemnity has been paid in full and: (a) Is an additional, separate and independent obligation of that party and no one indemnity limits the generality of any other indemnity; and (b) Survives the termination of this Agreement or closure of a Member's account.
12.7 Remedies
The rights and remedies contained in this Agreement are cumulative and are not exclusive of any rights and remedies provided by law. Any right or remedy which may be exercised, or any determination which may be made, under this Agreement by a party may be exercised or made (or declined to be exercised or made) in the absolute discretion of that party who is not under any obligation to do so or to give reasons for its decision.
12.8 Further Assurances
Each party must do and perform all such other acts, matters, and things as may be necessary or convenient to implement the provisions of this Agreement so as to give effect to the intentions of the parties as expressed in this Agreement.
12.9 Assignment
A User may not assign the benefit of or its obligations under this Agreement. CRWDEX may assign, transfer, or novate its rights and obligations under this Agreement to a successor corporate entity or purchaser of the business assets without requiring prior User consent, subject to maintaining compliance with the APP and Privacy Policy.
12.10 Whole Agreement
The contents of this Agreement, along with the incorporated Privacy Policy and standard platform booking confirmations, record the entire agreement between the parties in relation to its subject matter. It supersedes all previous negotiations, understandings, or agreements in relation to the subject matter and no modification of this Agreement is to be binding unless it is executed in writing by CRWDEX.