Terms and Conditions
Please read the following terms and conditions carefully before using this website
1. Definitions for Club Bluewater (formerly Bluespace)
1.1 Reference herein to "You" means either/or the person uploading their CV and/or Candidate Profile (as defined herein) onto the System or otherwise using the System for the purpose of finding employment or employing candidates. Reference herein to "We", "Us" and/or "Our" means Blue Water (France), a company limited by shares incorporated in France with its principal place of business at 14 Ave Mirabeau, 06600 Antibes, France.
1.2 The definitions in this Clause apply to these Terms:
"Business Day" means a day (other than a Saturday or Sunday) on which banks in France are ordinarily open for business;
"Candidate" means any person who submits any information for use on the System;
"Candidate Profile" means the personal profile and any other information provided by or otherwise uploaded by you including, without limitation, your CV;
"CV" means in the case of each Candidate, the relevant Candidate's curriculum vitae or equivalent employment summary
"Potential Employers" means yacht owners and/or captains who may or may not be Subscribers who contact us requesting crew placement;
"Subscriber" means the persons subscribing to the System or, as the context requires, any one of them;
"Subscription Fees" means the monthly subscription fees payable by a Subscribing yacht as calculated in accordance with Clause 7.5 herein, in respect of access to the System;
"System" means the online database known as "bluewater one" as maintained and run by us;
"Terms" means the terms and conditions set-out in this document.
"Voucher" means a training discount voucher, as issued by us in accordance with the provisions of Clause 8;
"Yacht" means the yacht on which any Candidate(s) selected by you would be deployed
2. General Description
2.1 The System is an online database for candidates looking for work, which may be searched by Subscribers as potential employers. The System does not bear any charges directly or indirectly on Candidates.
2.2 These Terms apply to your access to and use of the System and any information you submit for use on the System. These Terms apply to the exclusion of all previous terms and conditions and shall apply to any Candidate or Subscriber who uses the System after the date on which these Terms were posted on the System.
3. Candidate's Rights and Obligations
3.1 Before creating a Candidate Profile or otherwise uploading any of your personal information, you must first indicate your agreement with these Terms by ticking the consent check box which is provided as part of the online registration process. If you choose not to place a tick in this box you will be deemed to have not accepted these Terms and will not be able to register and/or display any information on the System.
3.2 By creating a profile you confirm that you are over the age of 16 and understand the limitations involved with working onboard between the ages of 16-18. Candidates aged 16-18 are unable to undertake any position in the Galley and other restrictions may apply to conditions of employment. Proof of age will need to be presented upon request.
3.3 You agree to, and unconditionally and unequivocally consent to: (i) us providing your Candidate Profile, including without limitation, your CV, to any and all Subscribers, and our 3rd party security company; and, (ii) the use of any such information by any Subscriber and/or 3rd party security company. You hereby grant us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, publish, disclose, process, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute, any content you have provided (including, without limitation, your Candidate Profile), in connection with the service or the use or promotion thereof.
3.4 We agree to allow you full access to your Candidate Profile, as maintained on the System, in order to enable you to view and edit your personal information. You expressly warrant that you will only upload information and data in respect of your own Candidate Profile.
3.5 We reserve the right at our sole discretion to remove, withdraw or require to be amended any information which we consider inappropriate, inaccurate, illegal, immoral, offensive, obscene or in respect of which we receive any complaint or objection. We further reserve the right at our sole discretion to decline to distribute or forward or to suspend or remove your Candidate Profile, CV or any part thereof.
3.6 If you do not access your Candidate Profile in any four(4) week period and click on the "check in" button ,your profile will be considered dormant and, although your information will still be stored in the System, it will not appear in any Subscriber's search results. When you obtain employment, you should access your profile and click on 'no longer looking' under the 'Current Situation' link, which will make your profile dormant. You may re-activate your profile at any time by clicking on the "check in" button on your profile page.
3.7 You are responsible for ensuring that your personal information, as published on the System, is accurate and up to date. You warrant that your Candidate Profile, including your CV and certification is true and correct and is an accurate summary of your education, employment and qualifications. All the necessary check will be made in order to comply to MLC, 2006 requirements. We reserve the right to suspend, withdraw or otherwise make unavailable your Candidate Profile if we discover that any information contained therein is false or inaccurate.
3.8 If you wish to have your Candidate Profile temporarily unavailable to Subscribers, you may do so at any time by indicating that you are not available for work in your Candidate Profile, as described in Clause 3.6. If you wish to have your Candidate Profile permanently removed from the database, you may do so at any time by contacting us in writing, by fax, or email, in each case at the address provided on our website (www.bluewateryachting.com). You acknowledge that we may retain archived copies of any information you have previously provided notwithstanding the temporary or permanent removal of your Candidate Profile.
3.9 We agree to use reasonable endeavours to prevent your personal information from being accessed by parties other than us, Subscribers and our third party security company. If, despite such efforts, any information is nevertheless accessed by a third party other than us, any Subscriber, or our security company, you hereby release us from any liability for any loss or inconvenience you may suffer in consequence of such unauthorised access and from any other consequences thereof howsoever caused.
3.10 We give no warranty or representation as to the suitability, performance or character of any Subscribers who may use the System. Before accepting a position you must undertake your own due diligence and exercise your own judgment as to the Subscriber's character and/or suitability.
3.11 In no circumstances shall we be liable (whether in contract or tort) for any loss of profits, your failure to secure employment, loss of business, depletion of goodwill and/or similar losses, loss of contract, loss of or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered by you.
3.12 You agree to indemnify us in relation to any loss and/or damage suffered, including any direct, indirect, incidental, special, consequential and/or punitive damages, arising in consequence of your Candidate Profile or otherwise in consequence of your breach of any of your obligations under these Terms.
4.1 We will only make available or supply copies of your CV to Subscribers, Potential Employers and our 3rd party security company for the purposes of crew placement and criminal record checks. In both cases this will be solely for the purpose of securing suitable employment for you.
4.2 We cannot guarantee the minimum number of times your CV will be viewed by or distributed to Subscribers on any given day. Please note that although your information may be viewed by Subscribers all of the time (subject to Clauses 3.6 and 3.8 herein), we limit the number of CVs which a Subscriber can successfully download to ten (10) per day.
5. Cancellation Policy for Training Courses booked with bluewater
5.1 Candidates will be refunded without penalty if they cancel more than one month before the course is due to start.
5.2 After this time until one week before the course is due to start they have a choice:
Either - Blue Water will refund half the deposit
Or - We will transfer the whole deposit to a later course (Deposits can only be transferred once)
Cancellation within 24 hours results in the loss of all monies without refund or transfer
5.3 Within 1 week of the start of the course we will retain 50% of the deposit and allow you to use the balance to reserve a place on a later course within 12 months (The remaining deposit can only be transferred once)
5.4 Cancellation within 24 hours results in the loss of all monies without refund or transfer.
5.5 In the unlikely event of Bluewater cancelling a course we will give our students a full refund.
6. General Description of Bluewater One
6.1 The System is an online database of Candidates looking for employment, which may be searched by you as a potential employer. Any other use of the System is strictly prohibited.
7. Subscribers Rights and Obligations
7.1 Your access to and use of the System is subject to your acceptance of these Terms and payment of the Subscription Fees. As evidence of your acceptance of the Terms, you must tick the consent check box which is provided as part of the online registration process. If you fail to accept these Terms, we reserve the right to refuse you access to the System and to refund any Subscription Fees paid in respect of your future usage.
7.2 Subject to earlier termination of this Agreement pursuant to Clause 7.3, this Agreement is for an initial period of twelve (12) calendar months, such period to commence from the date your first payment is received in accordance with Clause 7.5.
7.3 This Agreement will terminate automatically upon the sale of the Yacht or the actual total loss or constructive total loss of the Yacht. In the event of the termination of this Agreement as aforesaid, you shall not be entitled to any refund or reduction of the subscription fees paid or payable pursuant to Clause 7.5 at such time but shall be released from any Subscription Fees payable in respect of the remainder of the term of this Agreement.
7.4 Outstanding recruitment services must be paid in full before one account subscription. Upon request of crew placement services, yachts have 48 hours in order to request an upgrade.
7.5 You will pay the Subscription Fee in Euros quarterly, for the duration of the Agreement, your Subscription Fee will become due on the same day in every third month that you first agreed to these Terms. In the event that the date of Agreement falls on the 29th, 30th or 31st of a month, this will be assumed to be the last day of the month where such dates do not appear. Alternatively you may pay for the entire twelve (12) month term by lump sum on the first Business Day of the relevant term, in each case such fee to be determined based upon the following scale:
Less than 34m €3,000
At least 35m but less than 44m €4,500
At least 45m but less than 54m €5,500
At least 55m but less than 64m €7,500
At least 65m but less than 94m €10,000
At least 95m but less than 149m €20,000
For the purposes of this Clause 7.5, reference to the 'Length' shall be taken to mean the 'Length overall'. The Subscription Fees are exclusive of VAT or other equivalent sales tax. Any applicable VAT or other equivalent sales tax will be payable by you in addition to the relevant Subscription Fee.
7.6 Upon receipt of payment in accordance with Clause 7.5, we undertake to provide you, without delay, with your own unique username and password, which will allow you access to the System subject to the provisions of these Terms. We shall be entitled to suspend your access to the System and/or deactivate your account in the event that any Subscription Fee remains unpaid.
7.7 Each yacht subscribing or renewing with the annual subscription fee as from the 10th of September 2012 will receive a complementary welcome gift on behalf of bluewater. Should the subscribing yacht request not to receive the welcome gift, no discount will be provided by bluewater.
7.8 Subscribed yachts may request early renewal no more than eight weeks before the expiry date of the subscription.
7.9 You undertake to use best endeavours to keep your username and password confidential and to ensure that such information is not disclosed to any third party. If your username and/or password is disclosed in breach of the foregoing obligation, we will have the right to consider such disclosure as a breach of contract and to suspend your access without notice or refund. Your account will not be reactivated nor replacement username and password issued until we are satisfied that adequate security measures are in force to prevent any further disclosure. You shall remain liable to pay the Subscription Fee despite the suspension of your account pursuant to this Clause.
7.10 Should a third party gain knowledge of your username and password, you hereby undertake to inform us immediately. Upon receipt of such notification but subject to the provisions of Clause 8.6, we will provide you with a new username and password at no extra charge.
7.11 You may search the database as often as desired during the period of this Agreement (subject to any fair usage limits as we may apply from time to time) and will not be liable to us for any other fees relating to the recruitment of any Candidate(s) selected from the System but shall not be entitled to download more than ten (10) CVs in any twenty-four (24) hour period.
7.12 You acknowledge that we are not responsible for the accuracy of any information published on the System and hereby unconditionally and irrevocably release us from any liability we may have in respect of any loss you may suffer whatsoever, whether caused by inaccuracies in any such information or otherwise.
7.13 We bear no responsibility whatsoever for any Candidate that you may employ (whether for consideration or not). We give no warranty or representation as to the suitability, performance, entitlement to work (including the holding of any applicable visas or other permits) or character of any Candidates. Prior to offering employment to any Candidate(s), you must undertake your own due diligence and exercise your own judgment as to the relevant Candidate's suitability. Any reliance on any information obtained from the System is entirely at your own risk.
7.14 You are required to undertake your own character references and to perform a personal interview in respect of any Candidate(s) selected from the System.
7.15 You agree that we will not be responsible for, nor will we have any liability for, any harm to your computer system, loss of data or other any other damage suffered in consequence of your access to and/or use of the System. We give no warranty as to the continuous, uninterrupted, secure or error-free operation of the System.
7.16 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement shall be limited to the value of the Subscription Fee payable in respect of one months access to the System, as calculated in accordance with Clause 8.5.
7.17 Without prejudice to the provisions of Clause 7.13, in no circumstances shall we be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of contract, loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses you may suffer, howsoever caused.
7.18 You expressly agree not to use any information or data obtained from the System for any purpose other than the selection of Candidates for the purposes of employment onboard the Yacht. You further agree to use any Candidate Profile or other information obtained from the System in accordance with the requirements of the Data Protection Directive (Directive 95/46/EC) and any equivalent or analogous legislation (including any registration requirements applicable under such legislation), to keep such information confidential and to otherwise comply with all other legislation applicable to your use of the System.
7.19 Your access to any Candidate Profile or other information relating to a Candidate is subject to us receiving instructions from the relevant Candidate to suspend, withdraw or otherwise withhold its Candidate Profile.
7.20 You confirm that Candidates hired upon Subscribing yachts will be provided with agreements and contracts compliant with the Maritime Labour Conventions 2006 (MLC 2006).
7.21 Subscribing Yachts ensure that candidates hired will protect candidates against being stranded in foreign ports and that appropriate measures will be taken to arrange return to the port of embarkation.
7.22 Subscribing Yachts that are registered as commercial in a country that has ratified the MLC 2006 also agree to provide us with a standardised copy of an employment agreement and the Yachts MLC Compliance Certificate
7.23 You agree to indemnify us in relation to any claim brought against or other loss suffered by us arising from the misuse of any information obtained by or disclosed through you including, without limitation, any claim in relation to any alleged race, sex, disability and/or age discrimination.
8. Subscriber Training Discount Vouchers (TDV)
8.1 Subject to receipt of the Subscription Fees in accordance with Clause 7.5, we will provide Vouchers to you for use in accordance with and subject to these Terms, such Vouchers to be equal in value to the Subscription Fees paid by the relevant Subscriber to us.
8.2 Subject to availability and the remaining terms of this Clause 8, Vouchers may be credited towards the cost of any training courses operated by us at our training centres in France or Spain or, where available, on-board a yacht.
8.3 TDVs are valid for one calendar year following agreement to these terms and may not be transferred to a subsequent year.
8.4 TDV credit earned at the same rate and to the same value as subscription funds are received for the online database. If a subscriber elects to pay in a lump sum, then all of the TDV credit will become available as soon as payment is received.
8.5 Vouchers are not transferable. They may be used only for courses booked by you or crew members working on the Yacht.
8.6 Vouchers will only be allocated to a course with your express permission, such permission to be given in writing, by fax, email or in person.
8.7 Once allocated to a course, Vouchers may not be transferred to another course in the event of the non-attendance of the student on the course. If the relevant course is cancelled by us, any Vouchers used by you for that course shall be re- issued and will remain valid for the remainder of the relevant calendar year in which the course was scheduled.
8.8 We will accept all students paying for courses either entirely or partially with Vouchers but reserve the unfettered right to reallocate student(s) to another course date should the original course be over-subscribed.
8.9 Vouchers may not be redeemed against the cost of external examination fees, instructor expenses, courses provided in partnership with other training providers nor may they be used in conjunction with any other promotional offer which we may, from time to time, make available.
9. Subscriber Notices
9.1 A notice or other communication to be given to a party under or in connection with this Agreement:
(a) shall be in writing in English (or accompanied by a properly prepared translation into English);
(b) shall be sent for the attention of the recipient, in the case of us, at the address or fax number indicated on our website (www.bluewateryachting.com) or, in the case of a notice or other correspondence details used for initial registration for the System (or, in either case, to such other address, fax number or person as that party may notify to the other in writing); and
(c) shall be:
(i) delivered personally; or
(ii) sent by commercial courier; or
(iii) sent by fax; or
(iv) sent by pre-paid first-class post or recorded delivery; (v) sent by airmail requiring signature on delivery; or
(vi) in the case of notices or other communications to be given to you, by email.
9.2 If a notice or other communication has been properly sent or delivered in accordance with Clause 9.1, it will be deemed to have been received as follows: (a) if delivered personally, at the time of delivery; or
(b) if delivered by commercial courier, at the time of signature of the courier's receipt; or
(c) if sent by fax, at the time of transmission; or
(d) if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the third day after posting; or
(e) if sent by airmail, five days from the date of posting; or, (f) if sent by email, at the time of sending.
9.3 For the purposes of Clause 9.2:
(a) all times are to be read as local time in the place of deemed receipt; and
(b) if deemed receipt under this Clause is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), the notice or other communication is deemed to have been received when business next starts in the place of receipt.
9.4 The provisions of this Clause 9 shall not apply to the service of any process in any legal action or proceedings.
10. Subscriber Miscellaneous
10.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) by us or obtained during the execution of the System will be owned exclusively by the System.
10.2 Any intellectual property, ideas, concepts, know-how or techniques developed by us or obtained during the execution of the System will be owned exclusively by System.
10.3 We shall not be responsible for any failure to provide the System or the unavailability of the System as a result of circumstances beyond our reasonable control.
10.4 Our failure to enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision. Any waiver by us of any breach of, or any default under, any provision of these Terms by you will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other provisions of these Terms
10.5 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will nevertheless remain in full force and effect.
10.6 The parties to these Terms do not intend that any Clause of these Terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
10.7 We may revise these Terms from time to time. In the event of any [material] change to these Terms, we will notify you by email. By continuing to use the System after receipt of such notification, you agree to be bound by the Terms as revised.