Terms of Service

Thank you for visiting Oceanworks ("Oceanworks", "we", "our", or "us"). These Terms of Use ("Terms") govern your access to and use of our public website at oceanworks.io (the "Site") and our web application providing tools for posting roles, reviewing freelancer profiles/CVs, and coordinating offshore project placements (collectively, the "Platform"). If you do not accept these Terms, do not use the Site or Platform.

These Terms should be read together with our Privacy Policy and any additional terms that apply to specific features (e.g., paid services) (collectively, the "Policies"). If you use OceanWorks in the capacity of an Agent, Service Provider/Client, or Freelancer, additional terms (such as our Terms of Business for Agents/Service Providers and Terms of Assignment for Freelancers) may apply and prevail for those activities. We will provide those terms at registration or on request.

1. Key definitions

• Agent. A user or organization that sources and manages talent for a Service Provider/Client.
• Service Provider. A user or organization seeking to staff offshore projects.
• Freelancer. An individual who offers services for offshore projects.
• User/you. Any visitor to the Site or registered user of the Platform, including Agents, Service Providers, and Freelancers.
• Content. Information, CVs, profiles, data, text, images, documents, or other materials you upload, post, or otherwise provide via the Site/Platform.
• Jobs. Roles, assignments, or opportunities posted on the Platform.
• Plans. Paid subscriptions or access tiers for Agents and Service Providers to use the Platform.

2. Using the Site and Platform

Eligibility. You represent that you have the legal capacity to enter into these Terms and, where you act on behalf of a company, that you are authorized to bind that company.

Account. Certain features require an account. You must provide accurate, current information and keep it up to date. Keep your login credentials confidential and do not share them. You are responsible for all activity under your account. If you suspect unauthorized use, notify us promptly at [[email protected]].

Changes. We may change, suspend, or discontinue the Site/Platform (or any feature) at any time. We may update these Terms by posting a revised version with a new "Last updated" date. Continued use constitutes acceptance.

3. Platform role and relationships

Software provider. Oceanworks provides tools to facilitate introductions and workflow. We are not an employment agency or employment business, and we are not a party to, responsible for, or liable under any contract between Users (including contracts of engagement or services).

No guarantee. We do not guarantee the availability, suitability, legality, accuracy, or quality of any Job, Freelancer, Agent, or Service Provider/Client, nor the outcome of any engagement. Users must conduct their own checks, verifications, and risk assessments.

User-to-user contracts. Any engagement, payment, or contract formed between Users is solely between those Users. You are responsible for visas, work permits, certifications, safety and compliance checks, insurances, tax, and payroll arrangements as applicable.

4. Acceptable use

• post, upload, or transmit Content without appropriate permissions, licenses, or rights;
• submit inaccurate, incomplete, or misleading information (including, for Freelancers, biographical/work authorization details);
• post unlawful, defamatory, abusive, harassing, hateful, obscene, or otherwise objectionable Content;
• upload malware, viruses, or any code that disrupts, damages, or interferes with the Site/Platform, or attempt to gain unauthorized access, test, scan, or breach security;
• copy, scrape, crawl, harvest, or index the Site/Platform (including data mining) except as permitted by robots.txt or our express written permission;
• overload the Site/Platform (e.g., spamming/flooding) or use bots to create accounts or submit forms;
• infringe rights of others (including privacy, publicity, or intellectual property), or violate any law, regulation, or industry standard;
• engage in any conduct that harms OceanWorks’ reputation or that of other Users.

We may monitor compliance, remove Content, and suspend or terminate access at our discretion (see Section 11).

5. Your content and licenses

Ownership. You retain ownership of your Content. You grant OceanWorks a non‑exclusive, worldwide, royalty‑free license to host, store, reproduce, display, and use your Content solely to operate, improve, and provide the Platform and related services to you and other Users, and to comply with law.

Sharing content. Where the Platform enables it, you authorize us to share your Content (e.g., CVs, job details) with relevant Users consistent with your selections, account settings, and applicable Policies.

Responsibility. You are solely responsible for your Content and for securing any rights, consents, and permissions necessary for its use on the Platform. Do not upload confidential or proprietary information unless you have authority to do so.

Feedback. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use them without restriction.

6. Intellectual property

Our IP. The Site/Platform (including the design, software, databases, text, graphics, logos, and other materials) is owned by or licensed to OceanWorks and is protected by intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, sell, reverse engineer, or create derivative works from the Site/Platform.

Limited personal use. You may view pages of the Site/Platform and print/download a reasonable number for your personal, internal business use, provided you keep intact all copyright and proprietary notices. No framing, systematic scraping, or bulk extraction is permitted.

Trademarks. All trademarks, service marks, and logos displayed are the property of their respective owners. Use does not imply endorsement.

7. Jobs and management

Posting and applications. Users agree that Job postings and applications must be genuine, lawful, and compliant with applicable labor, immigration, and industry regulations. Users must ensure information is accurate and up to date.

No employment by Oceanworks. Freelancers are not employees or workers of Oceanworks. Oceanworks does not control or supervise a Freelancer’s work; responsibility lies with the contracting Users.

Compliance. Users are responsible for visas, work permits, certifications, safety and compliance checks (e.g., offshore medicals, training), insurances, tax, and payroll arrangements as applicable to their engagement.

8. Privacy and data protection

Your use of the Site/Platform is also governed by our Privacy Policy, which explains what personal data we collect, how we use it, and your rights. By using SSO or connecting third‑party accounts, you also agree to the relevant third‑party terms and privacy policies.

9. Availability, security, and changes

Availability. We aim to keep the Site/Platform available and secure but do not guarantee uninterrupted or error‑free operation. We may perform maintenance, improvement, or updates that temporarily affect availability.

Security. You are responsible for implementing appropriate safeguards for your systems. If you discover a security issue, contact us at [[email protected]].

Changes. Features may change over time. We may update these Terms; continued use after updates constitutes acceptance.

10. Suspension and termination

We may suspend or terminate your access immediately and without notice if: (a) you breach these Terms or Policies; (b) we are required to do so by law; or (c) we discontinue the Site/Platform. We may remove any Content that violates these Terms or is otherwise objectionable. Upon termination, your right to use the Site/Platform ceases, but Sections intended to survive (including Sections 6–16) will remain in effect.

11. Third party links and resources

The Site/Platform may contain links to third‑party websites, services, or resources. We are not responsible for their content, terms, or privacy practices. Access is at your own risk.

12. Disclaimers

Information only. Content on the Site/Platform is for general information. It may change without notice and may be inaccurate or incomplete. You rely on it at your own risk.

No warranties. To the fullest extent permitted by law, the Site/Platform and all Content are provided "as is" and "as available" without warranties of any kind, express or implied, including fitness for a particular purpose, merchantability, non‑infringement, or accuracy. Nothing in these Terms limits rights you may have under New Zealand consumer law that cannot be excluded.

13. Limitation of liability

To the fullest extent permitted by New Zealand law, Oceanworks and its affiliates, officers, employees, and agents will not be liable for: (a) indirect, incidental, special, consequential, or exemplary damages; (b) lost profits, revenue, savings, business, contracts, data, goodwill, or reputation; (c) loss relating to employment prospects or opportunities; or (d) any loss arising from use or inability to use the Site/Platform or reliance on Content. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited under applicable New Zealand law (including, where applicable, the Consumer Guarantees Act 1993).

14. Indemnity

You agree to defend, indemnify, and hold harmless Oceanworks and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your Content; (b) your use of the Site/Platform; (c) your breach of these Terms; or (d) your violation of any law or third‑party rights.

15. General

Severability. If any provision is held invalid, the remaining provisions remain in full force and effect.

No waiver. Failure to enforce a provision is not a waiver.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale.

Entire agreement. These Terms and the Policies are the entire agreement between you and us regarding the Site/Platform and supersede prior agreements on that subject.

Notices. We may provide notices via the Platform, email, or by posting on the Site.