Terms and Conditions

By accessing and using this website and Blue Swimmer Group Goods and Services you accept and agree to the Blue Swimmer Group Terms of Service without limitation or qualification.

 

Blue Swimmer Group Terms and Conditions
These Terms of Service (this “Agreement”) is made between Blue Swimmer Group Pty Ltd trading as Blue Swimmer Group, a Registered Australian Company with offices at 45 Careel Head Road, Avalon Beach NSW 2107 Australia (“Blue Swimmer Group”), and you, or if you represent an entity or other organization, that entity or other organization (in either case “You” or “Your”). Blue Swimmer Group reserves the right to amend, modify, change, add or remove portions of this Agreement from time to time as it deems necessary. Blue Swimmer Group will post such changes and their effective date within the current Agreement. By continuing to use this website and Blue Swimmer Group Services after any such changes are posted, You accept the Agreement, as modified. However, if the revised Agreement includes a material change, it will be effective on the earlier of (a) the date You accept it, and (b) 30 days after the material change is initially posted.

 

BLUE SWIMMER GROUP PRODUCTS & SERVICES. “Products & Services ” means mean Products and Services supplied by Blue Swimmer Group to the You and are as described on the a letter of engagement, quotation, work authorisation, invoice or any other forms as provided by Blue Swimmer Group to the You and include any advice or recommendations. know-how, techniques, designs, text, names, images, illustrations, artwork, graphic material and proprietary information.

 

DISCLAIMERS. The Products & Services (and any statements made or information provided in or in connection with the Products & Services) are offered, made and provided for informational purposes only, and are not intended to be a substitute for legal advice. Blue Swimmer Group does not offer or give legal advice. Blue Swimmer Group is not a lawyer, law firm, legal services provider, or a legal service, is not acting as your lawyer, and is not a substitute for a lawyer or law firm. The Products & Services are not a substitute for obtaining a trademark clearance search and opinion from a licensed lawyer with expertise in the area of trademark clearance work. The information, products and services offered by Blue Swimmer Group are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Blue Swimmer Group disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose; warranties against infringement of any trademark or other intellectual property or proprietary rights; or warranties otherwise relating to performance or other acts or omissions by Blue Swimmer Group or any third party. Blue Swimmer Group does not warrant that the services or any of their functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the services, including the servers that make them available, are free of viruses or other harmful components.

 

INDEMNIFICATION. You agree to indemnify, defend and hold harmless Blue Swimmer Group and its affiliates, officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable legal fees and costs, arising from or in connection with Your use of the Products & Services or any violation or alleged violation by You of this Agreement or applicable law. Blue Swimmer Group reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Blue Swimmer Group in the defence of such a matter. You may not settle any claim covered by this section or admit any liability on Blue Swimmer Group part without Blue Swimmer Group prior written approval

 

LIMITATION OF LIABILITY. You acknowledge that the products & services are provided on an “as is” basis and your use of products & services is at your own risk. You agree that, under no legal theory, including, but not limited to negligence, shall Blue Swimmer Group or its successors, affiliates, contractors, employees, suppliers, licensors, partners or agents, be liable to you for any indirect, incidental, special, consequential, exemplary, or similar damages, including, but not limited to, damages for loss of profits, cost of cover, goodwill, use, data, or other intangible losses (even if Blue Swimmer Group has been advised of the possibility of such damages), arising from or relating to this agreement or your use or the inability to use the Products & Services. Except as prohibited by law, if there is liability found on the part of Blue Swimmer Group, it will be limited to the amount paid by you to Blue Swimmer Group for the Products & Services, and under no circumstances will there be consequential or punitive damages

 

CHANGES TO PRODUCTS & SERVICES. Notwithstanding anything to the contrary contained herein, Blue Swimmer Group reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Products & Services or any part thereof with or without notice. Blue Swimmer Group will not be liable to You or to any third party for any modification, suspension or discontinuance of the Products & Services.

 

NOTICES. Blue Swimmer Group may provide You with notices, including those regarding changes to this Agreement or any of Blue Swimmer Group Terms and Conditions, by email, regular mail, or postings on the Website. Notice will be deemed given twenty-four (24) hours after email is sent, unless Blue Swimmer Group has previously been notified that the email address is invalid and provided with an alternative email address. You shall provide Blue Swimmer Group with notices to dgoudie@blueswimmergroup.com which shall be deemed validly delivered twenty-four (24) hours after email is sent to such address with written confirmation of transmission by the transmitting equipment.

 

TAXES. You are responsible for paying any governmental taxes imposed on Your use of the Services, including, but not limited to, sales, use, or value added taxes.

 

RELATIONSHIP OF THE PARTIES. The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that Blue Swimmer Group has no special relationship, including an attorney-client relationship, with or fiduciary duty to You. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

 

NO THIRD PARTY BENEFICIARIES. The parties specifically disavow any desire or intention to create a “third party” beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.

 

WAIVER. The failure of Blue Swimmer Group to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.

 

SEVERABILITY. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

 

ASSIGNMENT. You may not delegate Your duties under this Agreement or assign this Agreement, in whole or in part. Blue Swimmer Group may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger, consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties’ permitted assignees, transferees and successors.

 

GOVERNING LAW AND VENUE. The terms and conditions of this Agreement, and any dispute arising or related to its interpretation, shall be construed according to the laws of the State NSW in Australia, without regard to any choice of law rules that would lead to the application of the law of any other state. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of NSW Australia for purposes of litigating any claim or dispute relating to this Agreement or Names Shakers.