Terms and Conditions

Version 2.3

Please read the following terms and conditions carefully before accepting them. Before creating 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 or book training course. Bluewater may modify these Terms and Conditions at any time and will prompt you to accept them again in case of any changes.

Reference herein to "You" means either/or the person creating a crew or training profile (as defined herein) onto the System or otherwise using the System for the purpose of finding employment or booking a training course. 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

Bluewater Crew

1. Definitions

  • Business Day means a day (other than a Saturday or Sunday) on which banks 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 candidates’ CV’s for potential employment.
  • Subscriber means the persons subscribing to the System or, as the context requires, any one of them.
  • System means the online database, known as "Bluewater One" for Bluewater Crew, as maintained and run by us.
  • Yacht means the yacht on which any Candidate(s) selected by you would be deployed.

2. Service Description

Bluewater Crew provides an introductory service to candidates searching for a position in the yachting industry. Candidates submit a Candidate Profile on the online system which is made available to potential employers. Any changes to these conditions must be agreed in writing between Bluewater Crew and the Candidate. Bluewater Crew provides exclusively an introductory service and does not provide manning services.

3. Candidates Rights and Obligations as per the Maritime Labour Convention (MLC), 2006

To work as a seafarer you need to be over the age of 16. There are 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 to Bluewater Crew.

Bluewater Crew does not charge seafarers, directly or indirectly, in whole or in part, any fees for the registration of their details upon gaining employment. The only fees that you will incur will be those needed to obtain a national statutory medical certificate, and national travel documents such as a passport or seaman's book, not including cost of visas which shall be borne by your potential employer.

Bluewater Crew will endeavor to assist you in your job search to the best of their ability. Bluewater Crew does not use any means or mechanisms or lists intended to prevent or deter seafarers from gaining employment.

To work as a seafarer you need to be medically fit. Bluewater Crew will request to view an original copy of a national statutory medical certificate (ENG1 or any other accepted national seafarer medical).

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. You will need to provide copies of all your certificates and documents to Bluewater Crew and all the necessary checks will be made to verify their authenticity and validity with the issuing training provider or national agency. We reserve the right to suspend, withdraw or otherwise make unavailable your Candidate Profile if any information contained therein is false or inaccurate.

You will need to provide Bluewater Crew with copies of written employment references, with up to date contact information for those employment references and accept that those referees may be contacted by Bluewater Crew.

You understand and agree that should a security or criminal record check be required by an employer, you would see no impediment to that taking place.

You understand and agree that should a drug or alcohol test be required by the employer you would see no impediment to that taking place.

Bluewater Crew will inform you of your salary, leave allowance and benefits onboard to the best of their knowledge and will fully explain your rights and duties with regards of the vessel. As a seafarer you need to be aware that you are entitled to an employment contract. Bluewater Crew will inform you of the contents of a standard Seafarer Employment Agreement (SEA). Bluewater Crew advises you that your final contract should contain a clause regarding repatriation to your point of embarkation, or a final destination mutually agreed by yourself and your potential employer. You should have the opportunity to examine and seek advice on your employment agreement and freely enter in to the agreement.

Bluewater Crew has a complaints procedure to which you have access in case of any issues that may arise in terms of compliance of your employment with MLC2006.

4. Candidate Profile

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.

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.

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.

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.

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. 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.

We agree to use reasonable endeavors 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 unauthorized access and from any other consequences thereof howsoever caused.

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.

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.

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.

Bluewater Training

1. Definitions

  • Training Courses are the short academic and vocational training attendance courses specific to the yachting industry as described in Bluewater’s published material which Bluewater has agreed to supply to the candidates.
  • Candidate an individual to whom Bluewater has agreed to provide training courses.
  • TDV means a Training Discount Voucher as issued by us in accordance with the provisions of a subscription to Bluewater ONE.

2. Service Description

Bluewater Training provides short training courses specific to the yachting industry. All training courses supplied to candidates are subject to these Terms and Conditions and apply for each individual training class booked. These Terms and Conditions are deemed as accepted on confirmation of the booking by a deposit payment. Any changes to these conditions must be agreed in writing between Bluewater Training and the Candidate.

3. Candidates Rights and Obligations

It is the responsibility of the Candidate to obtain a seafarer’s medical (ENG1 or equivalent) before attending any short training course. Bluewater is not liable for any loss, damage, cost, expense or other claims incurred by the client if it is not possible to obtain a Notice of Eligibility (NOE) and/or any Certificate of Competence (CoC) as a consequence of a limited seafarer medical (ENG1 or equivalent) or refusal by an approved practitioner to issue one.

The minimum age to attend the short training courses is 16 years of age. Some courses require candidates to be at least 18 years of age as per the criteria established by the Maritime and Coastguard Agency (MCA) and MNTB guidelines. A valid photo identification is required at the time of booking. A valid photo identification will also be required on the first day of the course, and will need to be presented to the office on the first day of the course and to the instructor.

Training courses which have course pre-requisites and/or sea time requirements can only be attended if those requirements are met. Any certificates and sea time records will need to be confirmed by the candidate at the time of booking, and documentary evidence presented on the first day of the course to office staff and/or to the training instructor. Bluewater is not liable for any loss, damage, cost, expense or other claims incurred by the Candidate who cannot attend the course as result of inability to produce documentary evidence of the prerequisites or of sea time requirements.

The training courses that involve a practical component require the Candidate to be in good physical condition. Candidates will be required to sign a health declaration at the beginning of practical short training course and disclose any medical condition or relevant medical treatment to the instructor that may affect their participation in the course. For some courses a valid ENG1 or any other accepted national seafarer medical may be required and will need to be presented on the first day of the course to office staff and/or to the training instructor.

All training courses have an attendance requirement. Bluewater reserves the right to withhold the Candidate’s certificate if an absence of more than one hour is noted by the instructor.

Attendance certificates will only be handed to the Candidate upon presentation of a valid photo identification. Duplicate attendance certificates will be issued upon confirmation of attendance of the training course and presentation of a valid photo identification.

Only candidates who have successfully completed the required education and training course for a particular subject will be eligible to take written examinations by presenting an attendance certificate issued by an approved training centre. Bluewater strictly applies the examination procedures described by IAMI for deck and the SQA for engineering written examinations. Candidates shall respect the code of conduct established by those authorities during the examination.

4. Bookings and Payments

The price for the short training courses is specified in the price list in the course brochure published at the time of booking. The price for the short training courses include the cost of course materials, such as course notes and/or pre-study material. These prices are not inclusive of added value taxes and in some cases TVA may be applicable.

We will be using the information you have given us to print your certificates. If your details are not correct there may be a cost involved if a replacement certificate is required. Please check your personal details by logging to your account. The amount of the fee is dependent on the date of the issue of the original certificate.

Bluewater Training shall be entitled to increase the fees for the courses annually giving the Client not less than 30 days' notice of a proposed increase. If the Client does not agree to the proposed increase, it may terminate this Agreement by giving a 30 day written notice to Bluewater Training.

Bookings are only confirmed by the payment of a deposit of 30% of the full price of the course. Any booking without a deposit payment is considered an inquiry only and the Candidate will be placed in a waiting list if the course is fully booked.

Any course materials, such as course notes or pre-study material, can be delivered promptly to the Candidate, on payment of the deposit to confirm the booking, either as a printed copy or electronically. A printed copy of the study notes will be provided on the first day of the course. An advanced fee of 50€ -100€ applies for the advance of any course material. This fee is deductible from the course fee upon confirmation of booking of the course.

5. Cancellation and Refund Policy

Bluewater shall deliver training courses as far as reasonably possible and will do its best to deliver all programmed courses. However, if an insufficient number of bookings is received for any course, Bluewater Training reserves the right to cancel that course. In the unlikely event of Bluewater cancelling a course, the Candidates will either be offered an alternative date or be refunded of any pre-paid fees.

Candidates will be refunded without penalty if they cancel more than one month before the course is due to start. After this time, until one week before the course is due to start, candidates have the choice of either obtaining a refund of half of their deposit or transferring the full deposit to a later course.

If a booking is cancelled within 1 week of the start of the course, Bluewater 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 otherwise the deposit is lost.

Bluewater reserves the right to retain up to a maximum of 100€, if any course material has been delivered to the Candidate upon confirmation of the booking by a deposit.

Cancellation within 24 working hours results in the loss of all monies without refund or transfer.

6. Training Discount Vouchers (TDV's)

Training Discount Vouchers may be credited towards the cost of any training courses operated by us at any of our training centres or, where available, on-board a yacht.

TDVs are valid for one calendar year following agreement with Bluewater One and may not be transferred to a subsequent year.

TDV’s are not transferable. They may be used only for courses booked by subscriber or crew members working on the Yacht.

TDV’s will only be allocated to a short training course booked by a Candidate employed by a Bluewater One client. TDV’s will only be allocated with the express permission by the client in writing, by fax, email or in person.

TDV’s allocated to a course may not be transferred to another course in the event of the non-attendance of the Candidate. If the training course is cancelled by Bluewater Training, any TDV’s used shall be re- issued and will remain valid for the remainder of the relevant calendar year in which the course was scheduled.

TDV’s will be accepted for the full or partial payment of short training courses. The use of TDV’s towards courses with a high overhead due to cost auxiliary external arrangements is limited. Only 50% of the full price of course with a practical component can be paid with the TDV’s.

Bluewater reserves the right to reallocate candidates paying with TDV’s to another course date should the original course be over-subscribed.

TDV’s 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.

7. Intellectual Property

Any intellectual property rights, including copyright, arising from or in connection with the delivery of the training courses, belong to Bluewater Training unless otherwise agreed in writing between Bluewater Training and the Candidate.

8. Privacy

Bluewater Training shall protect the privacy of candidates who book and attend the short training courses. Any information given will be used according to the current Data Protection Laws and collected only with the explicit consent of the Candidate. The information shall be held in a secure manner and not shared with any other organization unless the Candidate agrees.

The Candidate will be able to check the information held by Bluewater Training by contacting the main office. Any inaccuracies will be deleted or corrected promptly.

The Candidate information shall remain confidential and shall be disclosed to the extent that the information is required to be disclosed by law. Bluewater Training shall obtain your consent before transferring your information outside the EEA (European Economic Area). Bluewater Training shall not share any of your contact details to any other organization or individual without the expressed permission of the Candidate.

The Candidate will retain the right of opting out of receiving any emails or any other publicity material from Bluewater Training.

General

1. Liability

Bluewater Crew and Bluewater Training are covered by a liability insurance. Any requests for information regarding this insurance shall be directed to the main office.

2. Governing Law

These Terms and Conditions 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 the jurisdiction considered appropriate the law of England. The parties irrevocably agree that the courts of England 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).

Terms and Conditions for ‘bluewater one’

Please read the following terms and conditions carefully before accepting them. Reference herein to “You” means the person 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 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. 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 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, 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”, 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. 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
Less than 24 m €3,000
At least 25m but less than 34 m €4,000
At least 35m but less than 44m €5,200
At least 45m but less than 54m €6,200
At least 55m but less than 64m €8,200
At least 65m but less than 84m €11,500
At least 85m but less than 114m €15,500
At least 115m but less than 144m €21,000
At least 145m + €31,000

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, without delay, 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 eight weeks 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 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 3.8, we will provide you with a new username and password at no extra charge.

3.11 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 without prior approval from your Account Manager.

3.12 Should you wish to utilize a crew agent to conduct a search and present you with suitable candidates, as in a ‘traditional’ method, you can request an upgrade. A 50% 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 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.

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 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.

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. TDVs are also valid against a percentage of products or services offered by ONE Account Affiliates.

4.3. TDV’s 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.

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 fax, 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 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.

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.

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 or fax number indicated on our website (www.bluewateryachting.com) 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, 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.

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 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.

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, 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.