Terms of Service

These Terms of Service (“Terms”) govern access to and use of the Malmo Marine platform (the “Platform”), operated by Malmo Marine Limited (“Malmo Marine”, “we”, “us”, “our”). By creating an account or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

Our Privacy Policy explains how we collect, use, and store personal information, and forms part of these Terms by reference.

These Terms apply to all users of the Platform, including:

• Seafarers — individuals who create a profile to store and share maritime credentials, sea service history, and career information.
• Recruiters and employers — organisations or individuals who use the Platform to search for, view, or engage seafarer talent.
• Training providers — organisations that may, in future, submit or verify certificates directly to seafarer profiles.

• You must be at least 16 years old to create an account.
• You must provide accurate, current, and complete information when creating and maintaining your account.
• You are responsible for maintaining the confidentiality of your account login details and for all activity that occurs under your account.
• If you are creating a recruiter or employer account on behalf of an organisation, you confirm you have authority to bind that organisation to these Terms.

The Platform is operated by a New Zealand company and is tailored to the New Zealand maritime industry. Account registration is not geographically restricted, and the Platform may be accessed and used by individuals outside New Zealand. These Terms, and New Zealand law, apply to your use of the Platform regardless of where you access it from.

Seafarer profile data belongs to the seafarer. A seafarer may access, export, and delete their own profile data at any time through the Platform, in accordance with our Privacy Policy.

By creating a profile, a seafarer grants Malmo Marine a limited licence to host, store, and display their profile information for the purpose of operating the Platform, including making relevant profile information visible to recruiters and employers as described in these Terms. This licence ends when the seafarer’s profile is deleted, subject to the retention periods described in the Privacy Policy.

Seafarers are responsible for the accuracy of the information and documents they upload, including certificates, sea service history, and references.

Each seafarer owns, and is solely responsible for, the content they upload to the Platform. By uploading any document, image, or other content, a seafarer warrants that they lawfully own or hold the necessary rights to that content, and that the content does not violate any law, including any content that is illegal to possess or distribute in New Zealand or any other applicable jurisdiction. Malmo Marine does not review uploaded content for legality prior to upload and accepts no liability for content uploaded by users.

As part of onboarding, Malmo Marine carries out a manual visual review of certificates and documents uploaded by seafarers, to check that documents are not obviously altered or falsified. Credentials that have undergone this review are shown with a “Reviewed” indicator.

This review does not involve confirmation with the relevant issuing authority (e.g. Maritime New Zealand or an equivalent body) that a certificate is genuine, current, or valid. The “Reviewed” indicator is not a representation or warranty by Malmo Marine that any credential is authentic, current, or that the holder is qualified or fit for any particular role.

Recruiters and employers are granted a limited, non-exclusive, non-transferable licence to access and use seafarer profile information made available to them through the Platform, solely for the purpose of identifying and evaluating seafarer talent for legitimate recruitment or employment purposes.

The Platform provides an “Export CSV” function allowing recruiters and employers to export seafarer profile data made available to them. Use of this function is permitted under these Terms, subject to the restrictions below.

Recruiters and employers must not:

• Copy, scrape, or otherwise reproduce seafarer profile data outside the Platform other than via the Export CSV function or as reasonably necessary for an active recruitment or employment process
• Share, sell, sublicense, or otherwise disclose seafarer profile data (including exported data) to any third party without the seafarer's consent
• Retain seafarer profile data, including data obtained via the Export CSV function, for longer than reasonably necessary for the recruitment or employment purpose for which it was accessed, and must delete such data once that purpose has ended
• Use the Platform to build a competing product or service

Seafarers should be aware that data included in an export may continue to exist outside the Platform (for example, in a recruiter’s own records) even after the seafarer deletes their Malmo Marine profile. Recruiters and employers remain bound by the obligations in this section in respect of any exported data, regardless of the seafarer’s later account status.

Malmo Marine may offer paid subscription or placement-fee services to recruiters and employers. Fee structures for paid services are described separately and may be updated from time to time.

The Platform is free for seafarers to use, including free access to and export of their own profile data.

Paid services for recruiters and employers, where applicable, are currently invoiced directly. No third-party card payment processor (such as Stripe or PayPal) is in use at this time.

• Invoices are payable by the due date stated on the individual invoice issued to you.
• We reserve the right to suspend access to paid features for overdue accounts, on reasonable notice.

Payment terms (including due date) are set out on each invoice as issued. Where an invoice does not specify a due date, payment is due within 20 working days of the invoice date.

When using the Platform, you must not:

• Upload false, altered, or fraudulent credentials, certificates, or references
• Upload any content that is illegal to possess, create, or distribute, including but not limited to child sexual abuse material — any such content will be removed immediately and reported to the New Zealand Police and/or the Department of Internal Affairs, and the relevant account permanently terminated, without prior notice
• Impersonate another person or misrepresent your identity, qualifications, or affiliation
• Use the Platform for any unlawful purpose
• Attempt to gain unauthorised access to the Platform, other users' accounts, or our systems
• Interfere with or disrupt the operation of the Platform
• Use automated means (bots, scrapers) to access or extract data from the Platform without our written consent

We may investigate suspected breaches of this section and may suspend or terminate accounts involved.

If we reasonably believe a user has breached these Terms — including uploading fraudulent credentials or misusing another user’s data — we may, at our discretion:

• Remove or disable the relevant content
• Suspend or terminate the user's account
• Remove any "Reviewed" or similar indicator from an affected profile

Where reasonably practicable, we will notify the affected user of the action taken and the reason for it. Users may appeal a suspension or termination by contacting us using the details in section 19.

The Platform, including its design, software, branding, and underlying technology, is owned by or licensed to Malmo Marine and is protected by intellectual property laws. These Terms do not grant you any rights to Malmo Marine’s intellectual property except the limited right to use the Platform as set out in these Terms.

Seafarers retain ownership of the content they upload (including certificates, references, and photos), subject to the licence granted to Malmo Marine in section 6 to host and display that content for the purpose of operating the Platform.

The Platform is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Malmo Marine makes no warranty that:

• The Platform will be uninterrupted, timely, secure, or error-free
• Any credential, qualification, reference, or other information displayed on the Platform is accurate, current, or complete
• Any recruitment, employment, or placement outcome will result from use of the Platform

Malmo Marine is not a party to, and accepts no responsibility for, any employment, engagement, or placement arrangement entered into between a seafarer and a recruiter or employer.

To the maximum extent permitted by law, Malmo Marine’s total liability to any user arising out of or in connection with these Terms or use of the Platform is limited as follows:

• Malmo Marine excludes all liability for indirect, consequential, or special loss, including loss of profits, loss of employment opportunity, or reputational harm
• Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under New Zealand law

You agree to indemnify and hold Malmo Marine harmless from any claim, loss, or damage arising from your breach of these Terms, your misuse of the Platform, or content you upload to the Platform, except to the extent caused by Malmo Marine’s own negligence or breach of these Terms.

You may close your account at any time through the Platform. Upon closure, your account is marked for deletion and handled in accordance with the retention periods set out in our Privacy Policy — including a 30-day window during which you may reinstate it.

We may suspend or terminate your access to the Platform for breach of these Terms, or where reasonably necessary to protect the security or integrity of the Platform, on notice where reasonably practicable.

These Terms are governed by the laws of New Zealand. Users submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute arising from these Terms or use of the Platform.

We may update these Terms from time to time. Material changes will be notified to users through the Platform or by email. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

For questions about these Terms, contact:

Malmo Marine Limited, 627 Waitao Road, Tauranga 3175, New Zealand
Email: legal@malmomarine.co.nz