Overview WHO WE ARE AND WHAT THESE TERMS COVER

Virgin Cruises Intermediate Limited (“Virgin Voyages,” “we”, “us” or “our”) operates this website located at www.FirstMates.com (the “Website”).

Your ("you" or “your”) use of the Website is conditional on your acceptance of the following terms and conditions ("T&Cs"), which will form the contract covering your use of the Website. Having accepted these T&Cs by logging in via the Website home page and by continuing to use the Website, you are consenting to be bound by these T&Cs on behalf of any organisation you represent or by which you are employed. 

Responsibility

You represent that you are authorised by your organisation to bind it legally to these T&Cs and that your organisation will be responsible for any liability that may be incurred as a result of your use of the Website.

Other Terms OTHER TERMS THAT APPLY TO YOUR USE OF THE WEBSITE

The following additional terms also apply to your use of the Website:

• Our Privacy Policy (in respect of our use of your personal information)
• Our Cookie Policy

Changes to T&Cs CHANGES TO THESE T&Cs AND THE WEBSITE

We reserve the right to change these T&Cs or modify any feature of the Website at any time and at our sole discretion. Please review the T&Cs periodically by clicking on the “Website Terms & Conditions” link on the Website. Continuing to use or access the Website constitutes your acceptance to any changes to these T&Cs.

You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content of the Website, and will not be liable with respect to any such modifications, discontinuance or deletions.

Our Intellectual Property

All intellectual property rights in the Website (including, but not limited to, text, images, graphics, photographs, videos, audio, logos, trademarks, service marks, user interface, design, computer code and the selection, coordination and arrangement of such content and the underlying software (the “Materials”)) are owned by Virgin Voyages or our licensors.

Unless otherwise authorised by these T&Cs or the First Mate Sales and Marketing Terms and Conditions, you may not copy, reproduce, distribute, publish, enter into a database, archive, display, perform, modify, adapt, create derivative works, transmit, translate, use or in any way exploit the Materials or the Website, in whole or in part.

Use of Our Website

Your access to the Website is conditional on you being a user authorised by your employer. In the event that you cease to be such an authorised user you shall cease to access the Website. You must keep your log-in details safe and secure and promptly tell us if they are shared or compromised.

You must follow all additional instructions contained on the Website. 

Virgin Voyages may in its sole discretion at any time and for any reason without giving you prior notice withdraw or suspend access to the Website or restrict your access to the Website. 

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY WEBSITE CONTENT.

Liability

FOR THE AVOIDANCE OF DOUBT, DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY TO LIABILITY ARISING FROM BREACH OF THE FIRST MATE SALES AND MARKETING TERMS AND CONDITIONS, WHICH APPLY IN ADDITION TO THESE T&CS IF YOU COMPLETE THE FIRST MATE REGISTRATION PROCESS. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

• USE OF, OR INABILITY TO USE, OUR WEBSITE; OR
• USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE.

IN PARTICULAR, WE WILL NOT BE LIABLE FOR:

• LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
• BUSINESS INTERRUPTION;
• LOSS OF ANTICIPATED SAVINGS;
• LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
• ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

IN THE CASE OF JURISDICTIONS THAT RESTRICT LIMITATION CLAUSES, THE ABOVE LIMITATIONS SHALL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY THE RELEVANT LAW IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS DO NOT, IN ANY WAY, EXCLUDE ANY LIABILITY OF VIRGIN VOYAGES WHERE IT WOULD BE UNLAWFUL TO DO SO. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE T&CS SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).

Indemnification

To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Virgin Voyages, its parent, subsidiaries, and affiliates, and its and their officers, directors, shareholders, agents, employees and representatives (collectively, the “Virgin Voyages Parties”, harmless from and against any claims, liabilities, damages, losses, costs and expenses including, without limitation, any losses, or damages (whether compensatory, special, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and costs, arising out of: (i) your access to or use of the Website, including any and all features, functionality, tools, content and promotions available on and through the Website; (ii) your breach of the T&Cs, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party; and (iii) your gross negligence or wilful misconduct.

You agree that, at our option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) we may nevertheless participate in such defense or settlement negotiations and pay our own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of Virgin Voyages (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

Governing Law

These T&Cs shall be construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law.

Jurisdiction

Any controversy or claim arising out of or relating to these T&Cs, the Website or a breach hereof, with the exception of any injunctive or equitable relief sought by us for any violation of these T&Cs, shall be submitted to binding arbitration in Broward County, Florida in accordance with the rules and procedures of the American Arbitration Association ("AAA"), with the exception of any conflicts-of-law provisions. Any disputes or issues arising with respect to any ticket sold by us shall be handled as set forth in such ticket terms and conditions. Any disputes or issues arising with respect to the First Mates Sales and Marketing Terms and Conditions shall be handled as set forth in said terms and conditions.

These T&C are made in, and shall be governed by, the laws of Florida, excluding its conflicts-of-law provisions. If, for any reason, this Arbitration provision shall be found to be invalid or unenforceable in any respect, or we initiate equitable proceedings, all actions, claims, or disputes arising under or relating to these T&C shall be brought exclusively in the federal or state courts of Broward County, Florida. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Broward County, Florida. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Broward County, Florida and to the venue of any such suit, action, or proceeding brought in any federal or state court in Broward County, Florida. You agree to waive trial by jury in any action, proceeding or counterclaim brought or against Virgin Voyages on any matter whatsoever arising out of, relating to, or in any way connected with these T&Cs.
    
NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE T&Cs SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or we may apply to any court of competent jurisdiction for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM THAT YOU MAY HAVE AGAINST VIRGIN VOYAGES AND THE VIRGIN VOYAGES PARTIES WHICH ARISES OUT OF OR IS RELATED TO YOUR USE OF THE WEBSITE OR THESE T&Cs MUST BE FILED BY YOU PURSUANT TO THIS SECTION WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.

Miscellaneous

In the event that any provision of these T&Cs is deemed invalid by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law and the remainder of these T&Cs will remain valid and applicable. 
The failure of Virgin Voyages to enforce any provisions of these T&Cs or to respond to a breach by you shall not in any way waive its right to enforce subsequently any terms or conditions of these T&Cs or to act with respect to similar breaches.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Virgin Voyages as a result of these T&Cs or your access to and use of the Website.

These T&Cs, and the other terms listed in section 3, constitute the entire agreement between you and Virgin Voyages in relation to your use of the Website.

You may not assign, transfer, delegate or sublicense any of your rights or obligations under the T&Cs, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion.  Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void.