Effective 6/2016

Brightwell Navigator Terms of Use

Overview
Brightwell Payments Inc., a Delaware corporation (Brightwell) is a technical service provider
which has developed an online portal (accessed via this website) and certain back office
technology to enable it to provide your maritime employer/contractee (Maritime Employer) with
the Brightwell Navigator Service for use by its employees/contractees such as you. The
service provided by Brightwell facilitates the payment by Maritime Employer of salary, wages,
tips, commissions and other forms of employment related compensation (Wage Payments) due
to you by enabling you to elect (via this website) how you wish such payments to be made.
Subject to the payment options the Maritime Employer agrees to make available to you, Brightwell
Navigator Service may facilitate full or split Wage Payments onto your OceanPay Visa Prepaid
Card and/or to your bank account(s) and/or to the bank account(s) of your designated
beneficiaries who are family members or dependents.
The Maritime Employer has contracted with us to make the Brightwell Navigator Service available
to you and the Wage Payment options offered to you by your Maritime Employer via the Brightwell
Navigator Service will be set out for you during the registration process.
Status of these Terms of Use
These Terms of Use (Terms) govern your use of this website and the Brightwell Navigator
Service.
You may only use our website and the Brightwell Navigator Service as a registered user.
Use of our website includes completing the registration process, adding or updating Wage
Payment instructions and disbursement allocations, and providing information regarding your
beneficiary accounts and dependents.
Please read these Terms carefully before you begin to use our website. We recommend that you
print a copy of them for future reference.
By using our website you agree to comply with and be bound by these Terms. If you do not agree
to these Terms, you may not use our website or the Brightwell Navigator Service.
Other Applicable Terms
These Terms or other content on our website refer to the following additional terms, which also
apply to, or in connection with, your use of our website and the Brightwell Navigator Service:
The Brightwell Navigator Privacy Policy. This policy sets out the terms on which we process
any personal data we collect from you, or that you provide to us. By using our website, you
consent to such processing and you warrant that all data provided by you is accurate.
OceanPay Visa Prepaid Card Cardholder Agreement. Use of an OceanPay Prepaid Card
is subject to these separate terms and conditions as the Brightwell Navigator Service may be
used to facilitate your allocation of Wage Payment amounts onto your card.

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Eligibility
To be eligible to use the Brightwell Navigator Service, you must be at least eighteen (18) years of
age and an employee or contractor of a Maritime Employer.
Changes to this Agreement
Brightwell may modify these Terms from time to time under certain conditions including but not
limited to the following events:

changes in relevant laws and regulatory requirements;

to comply with requirements or instructions of the OceanPay Prepaid Card issuer or any
remitter; and
to update or correct information.
If we revise these Terms we will notify you by email and by posting an updated version on our
website giving you at least two months notice of any changes before they take effect (unless
circumstances outside our control prevent such notice). You can choose to cancel the service in
accordance with the Cancellation section below.
Your continued use of our website and the Brightwell Navigator Service after changes have come
into effect constitutes your consent to the changes.
Our Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our
negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be
excluded or limited by law.
Other than may be set forth in the Other Applicable Terms, our liability for provision of the
Brightwell Payment Service is predominantly owed to Maritime Employer on whose behalf we
make this service available to you. Where the Wage Payment options available to you include
bank transfers which you are required to pay for, our sole responsibility to you is to provide the
remitter with the beneficiary bank account details to enable the remitter to execute the transfer in
accordance with the instructions you provide via the Brightwell Navigator Service. Where we fail
to provide the remitter with the correct information as provided by you via the Brightwell Navigator
Service causing your funds to be misapplied, we will be liable to you for the amount which has
been misapplied plus any additional foreseeable damage.
We do not guarantee that our website, or any content on it, will always be available or be
uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the website
without notice. We will not be liable to you if for any reason our website is unavailable at any time
or for any period. Our liability generally rests with Maritime Employer for provision of the Brightwell
Navigator Service and liability to make Wage Payments to you rests with your Maritime Employer.
We assume no responsibility for the content of the websites of third parties linked on our website.
We will not be liable for any loss or damage that may arise from your use of them.
We do not guarantee that our website will be secure or free from bugs or viruses. You should use
your own virus protection software.

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We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack,
or other technologically harmful material that may infect your computer equipment, other access
devices, computer programs, data or other proprietary material due to your use of our website,
downloading of any content on it, or any website linked to it. Nothing in the foregoing, or elsewhere
in these Terms, limits our liability to you as a result of any damage or losses you incur due to a
data security breach or similar incident within our servers or systems.
Your Liability
You must ensure that you input correct instructions into the Brightwell Navigator Service, including
without limitation, beneficiary bank account details where applicable. If information is incorrect,
transfers may be delayed and/or incur additional service charges. There is also the possibility
that funds will be lost, although (on your request) we would make immediate efforts to assist the
remitter to trace such funds.
Allocation Errors and Amendments
You should notify Brightwell promptly by phone, email or in writing (see Contact details below)
of a suspected error relating to your Wage Payment allocations so that we can act quickly to try
and rectify these for you in accordance with these Terms.
Once you have submitted your Wage Payment distributions and allocations you will be able to
amend them at any time up to the effective date disclosed at the time of the distribution and
allocation request. After this time, Brightwell and/or your Maritime Employer will have taken steps
to effect the instructions you have submitted via our service and we will not be able to reverse
them.
Fees
You agree to pay all fees associated with use of the Brightwell Navigator Service payable by you,
as shall be notified to you in advance of you electing or changing your Wage Payment options.
The amount of fees are based on the type of transaction in which you are engaging and will be
disclosed (together with details of the manner in which those fees are to be paid, such as
deduction from Wage Payment amounts being disbursed) prior to you selecting your allocations
for disbursement of Wage Payments.
Where you elect for disbursements of Wage Payments which involve conversion from one
currency to another currency, the foreign exchange rate to be applied is that stipulated by the
remitter as agreed by your Maritime Employer. The foreign exchange rate to be applied will be
disclosed to you prior to at the time you select the relevant allocation for disbursement of Wage
Payment via the Brightwell Navigator Service.
Accessing our Site
To access the Brightwell Navigator Service, you must complete the registration process by
providing Brightwell with current, complete and accurate information as prompted on the
enrollment form. You will also need to choose a password and accept the Other Applicable
Terms referred to earlier in these Terms.
You and/or Maritime Employer are responsible for making all arrangements necessary for you to
have access to our website.

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Password Security and Your Contact Information

You are responsible for maintaining confidentiality, adequate security and control of any and all
IDs, passwords, personal identification numbers (PINs), or any other codes or information you
establish to access and use the Brightwell Navigator Service.
You are also responsible for keeping your mailing address, phone number and email address up
to date in your online account profile.
You agree to notify Brightwell promptly of any suspected or actual unauthorized use/potential use
of your login ID, email account and/or password or any other relevant breach of security.
Additionally, you agree to cooperate with Brightwell to investigate any suspected unauthorized,
unlawful or improper activity in connection with your use of the Brightwell Navigator Service.
We have the right to disable any user identification code or password, whether chosen by you, at
any time, if you have failed to comply with any of the provisions of these Terms.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our website, and in the
material published on it including, without limitation, copyrighted material, trademarks and other
proprietary and in some circumstances confidential information about Brightwell, its partners and
suppliers. Those works are protected by applicable intellectual property laws and treaties around
the world. All such rights are reserved.
You may download or print certain information for your personal use in connection with the
Brightwell Navigator Service but agree not to modify printed copies or digital files or use any part
of the content on our website for unlawful or commercial purposes.
Termination and Limited Account Access
Brightwell, in its sole discretion may terminate this agreement or limit your access to parts or all
of the Brightwell Navigator Service based on confidential criteria that are designed for risk
management, regulatory and security purposes.
You agree that Brightwell is under no obligation to disclose the details of its risk management,
security procedures or regulatory requirements to you.
If your access has been terminated or suspended (for whatever reason), Brightwell will provide
you notice of its actions, as required by law. We may also provide you an opportunity to restore
your access as we deem appropriate.
Cancellation
You may cancel your access to the Brightwell Navigator Service at any time by contacting
Brightwell in writing, by phone or via email. Once your access is terminated, you may no longer
access your online account to make changes to your Wage Payment allocations or beneficiary
bank account information and must contact your Maritime Employer directly to make
arrangements to receive your Wage Payments. This will not affect your use of your OceanPay
Prepaid Card which is subject to and governed by the OceanPay Prepaid Card Terms and
Conditions which you should consult if you wish to cancel use of your card.

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Applicable Law
These Terms and any dispute or claim arising out of or in connection with them or their subject
matter or formation including non-contractual disputes or claims, shall be governed by and
construed in accordance with law.
You agree that, except to the extent inconsistent with or preempted by federal law and except as
otherwise stated in these Terms, the laws of the State of Florida, without regard to principles of
conflict of laws, will govern this agreement and any claim or dispute that has arisen or may arise
between you and Brightwell.
Contact
Please contact us by messaging via your online account, writing to Brightwell Payments Navigator
Service, P.O. Box 724026, Atlanta, Georgia 31139, or calling us at the number on the back of
your OceanPay Card if you have questions about these Terms or the Brightwell Navigator
Service.