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Terms and Conditions for ‘Bluewater ONE’
ONE Account Terms & Conditions v. 9.3
Date of Application: 03/01/2021
Approved by: Managing Director
Please read the following terms and conditions carefully before accepting them. Reference herein to “You” means the person or company subscribing to the Bluewater ONE System and to whom we provide access to the Bluewater ONE System. Reference herein to “We”, “Us” and/or “Our” means Bluewater International LLP, a company limited by shares incorporated in the United Kingdom with its principal place of business at 165 New Road, B60 2LH, Bromsgrove, Worcs.
1. Definitions
The definitions in this Clause apply to these Terms:
Business Day means a day (other than a Saturday or Sunday) on which banks in the United Kingdom are ordinarily open for business;
Candidate means any person who submits any information for use on the System;
Candidate Profile means the personal profile, CV and any other information displayed on the System in respect of the relevant Candidate;
CV means in the case of each Candidate, the relevant Candidate’s curriculum vitae or equivalent employment summary;
Subscription Fees means the subscription fees payable by you to us, as calculated in accordance with Clause 3.4 herein, in respect of access to the System;
System means the online database known as “Bluewater ONE”, a platform with access to the profiles of individuals looking for employment in yachting, along with their documentation, as maintained and run by us.;
Voucher means a training discount voucher, as issued by us in accordance with the provisions of Clause 4;
Terms means the terms and conditions set out in this document; and,
Yacht means the yacht on which any Candidate(s) selected by you would be deployed.
2. Service Description
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.
3. Subscriber’s Rights and Obligations
3.1 Your access to and use of the System is subject to your acceptance of these Terms and payment of the Subscription Fees. To evidence 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.
3.2 Subject to earlier termination of this Agreement pursuant to Clause 3.3, 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 3.5. The term of the Agreement will be renewed automatically thereafter at the end of each twelve (12) month period, unless written notice is received from you by registered post no later than thirty (30) days before the relevant anniversary date.
3.3 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 3.4 at such time but shall be released from any Subscription Fees payable in respect of the remainder of the term of this Agreement.
3.4 Outstanding recruitment services may upgrade to the ONE Account System. Once a placement is made, yachts have 48 hours in order to request an upgrade.
3.5 You will pay the Subscription Fee annually, in Euros, for the duration of the Agreement. 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:
Length of Yacht Annual Subscription Fee
0m-24.99m / 0-79ft €3,500 / US$4,500
25m-34.99m / 80-110ft €4,500 / US$5,500
35m-44.99m / 111-144ft €5,500 / US$6,500
45m-54.99m / 145-175ft €6,500 / US$7,500
55m-64.99m / 176-210ft €8,500 / US$9,500
65m-84.99m / 211-275ft €12,000 / US$14,000
85m-114.99m / 276-375ft €16,000 / US$18,000
115m-144.99m / 376-470ft €22,000 / US$23,000
145m+ / 471ft+ €32,000 / US$34,000
For the purposes of this Clause 3.5, 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.
3.6 Upon receipt of payment in accordance with Clause 3.5, we undertake to provide you, within two business days, 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.
3.7 Subscribed yachts may request early renewal no more than six months before the expiry date of the subscription.
3.8 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.
3.9 Your access is limited specifically to the yacht named in the sign-up sheet and can only be used for that yacht. You acknowledge that you understand using your account to benefit an alternative vessel will be considered as a breach of contract and we will have the right to suspend your access without notice or refund. You shall remain liable to pay the Subscription Fee despite the suspension of your account pursuant to this Clause.
3.10 Should an unauthorised 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 3.8, we will provide you with a new username and password at no extra charge.
3.11 You may search the System 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 without prior approval from your Account Manager.
3.12 Should you wish to utilise a crew agent to conduct a search and present you with suitable candidates you can request an upgrade. For ONE Subscribers, a 45% placement fee (discounted from the standard traditional placement fee) of the candidate’s monthly salary is incurred if a crew member is employed.
3.13 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.
3.14 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.
3.15 It is left to your discretion to undertake your own character references and to perform a personal interview in respect of any Candidate(s) selected from the System.
3.16 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.
3.17 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 month’s access to the System, as calculated in accordance with Clause 3.5.
3.18 Without prejudice to the provisions of Clause 3.13, 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.
3.19 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 EU General Data Protection Regulation 2016/679 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.
3.20 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.
3.21 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.
4. Training Discount Vouchers
4.1 Subject to receipt of the Subscription Fees in accordance with Clause 3.4, 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 (excluding VAT) paid by the relevant Subscriber to us.
4.2 Subject to availability and the remaining terms of this Clause 4, Vouchers may be credited towards the cost of any training courses operated by us at our training centres or, where available, on-board a yacht, as well as towards management services.
4.3. TDVs will not be accepted for payment of short training courses carried by third party training providers.
4.4 TDVs are valid for one calendar year following agreement to these terms and may not be transferred to a subsequent year. If booking a course in a subsequent year, the booking must be made within the calendar year; however, if you cancel this course booking and your account has expired, the TDVs are not transferrable or refundable.
4.5 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.
4.6 Vouchers are not transferable. They may be used only for courses booked by you or crewmembers working on the Yacht.
4.7 Vouchers will only be allocated to a course with your express permission, such permission to be given in writing, by email, or in person.
4.8 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.
4.9 We will accept course bookings by students paying partially or in full with Vouchers but reserve the unfettered right to reallocate student(s) to another course date should the original course be over-subscribed.
4.10 Vouchers may not be redeemed against the cost of external examination fees, instructor expenses nor may they be used in conjunction with any other promotional offer which we may, from time to time, make available, including packages and training bundles.
4.11 Vouchers may only be redeemed if you have a valid ONE Account. Vouchers must be allocated before your ONE Account expires.
4.12 Bluewater Training cancellation policy applies to payments using Training Discount Vouchers (TDVs). Your TDVs MUST still be valid in order to reschedule your booking and transfer your TDV deposit payment to a later course.
5 Notices
5.1 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 used in this document or, in the case of a notice or other communication to be sent to you, using the address and correspondence details used for initial registration for the System (or, in either case, to such other address or person as that party may notify to the other in writing); and shall be sent by courier or recorded delivery, or sent by email
5.2 If a notice or other communication has been properly sent or delivered in accordance with Clause 5.1, it will be deemed to have been received as follows:
a) if delivered by commercial courier or recorded delivery, at the time of signature of the receipt; or
b) if sent by email, at the time of sending.
5.3 For the purposes of Clause 5.2:
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.
6. Miscellaneous
6.1 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).
6.2 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 the System.
6.3 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.
6.4 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
6.5 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.
6.6 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.
6.7 We may revise these Terms from time to time. In the event of any [material] change to these Terms, you will be notified when you log on to your account. By continuing to use the System after receipt of such notification, you agree to be bound by the Terms as revised.