Terms of Service
Table of Contents
Terms of Service
The www.blueharbour.com.au website (“Website”) is owned and operated by Blue Harbour Financial Partners. Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in:
- and elsewhere on the Website
General information – no legal advice
You acknowledge and agree that:
- this Website has been compiled by Blue Harbour Financial Partners on the basis of general information. Changes in circumstances after publication may affect the completeness of general information. It is your responsibility to assess and verify the accuracy, completeness and reliability of the information on this Website, and to seek professional advice in relation to that information; and
- the information on the Website is not, and is not intended to be, advice and you should not act or refrain to act on the basis of any of the material on this website without first satisfying yourself as to the truth or accuracy of all the information given (including by obtaining independent legal advice).
Blue Harbour Financial Partners content and Intellectual property
All copyright and other intellectual property rights subsisting in the Website and the material on the Website (including, without limitation, the software, design, text and graphics comprised in the Website and the selection and layout of the Website) are owned by Blue Harbour Financial Partners and protected by the laws of Australia and other countries.
You are authorised to view the Website and its contents using your web browser or, where expressly invited to do so, to share certain content on social media. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website, including audio and video excerpts, except as permitted by statute or with the prior written consent of Blue Harbour Financial Partners.
Links to Third Party Material
The Website may contain hyperlinks and other pointers to Internet websites operated by third parties from time to time. These linked websites and the content thereof are not under the control of Blue Harbour Financial Partners and Blue Harbour Financial Partners is not responsible for the contents of any linked website or any hyperlink contained in a linked website. These hyperlinks are included on the Website as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Blue Harbour Financial Partners. You access the links to and use any such website entirely at your own risk.
Registration may be required to access
Blue Harbour Financial Partners may require you to register your details in order to access some parts of the Website.
Where you register with Blue Harbour Financial Partners, you must keep your registration details confidential; you will be responsible for any access to the Website using your registration details, even if the access is by another person.
No unlawful, infringing or offensive activity
You must not post or transmit to or via the Website any information or material or otherwise use the Website for any activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards. You must also not permit or enable another person to do any of those things.
No viruses or other interference
You must not transmit to or via the Website any virus or other information or material or otherwise use the Website in a way which:
- tampers with, hinders the operation of or makes unauthorised modifications to the Website;
- inhibits any other user from using the Website;
- defames, harasses, threatens, menaces or offends any person; or
- contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
You must also not permit or enable another person to do any of those things.
Blue Harbour Financial Partners may suspend or terminate your access
Content that you submit to the Website
This section applies if you submit, post, transmit or otherwise make any material available via the Website (“your content”).
Where you do so, you grant to Blue Harbour Financial Partners, a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your content for the reasonable purposes of conducting the Blue Harbour Financial Partners business, and the right to sub-license those rights to others. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content.
You warrant that you have the right to grant the above licence, that our exercise of the licence rights above will not infringe the intellectual property rights of any person, and that the content is not defamatory and does not breach any law.
Blue Harbour Financial Partners may monitor or review your content, but Blue Harbour Financial Partners is not obliged to do so.
Blue Harbour Financial Partners may also alter or remove any of your content at any time, including to ensure the operational integrity of the Website.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
No warranties or representations
To the maximum extent permitted by law, Blue Harbour Financial Partners does not represent or warrant that the content on the Website is accurate, reliable, suitable, or complete.
In particular, although Blue Harbour Financial Partners uses reasonable care and skill in providing the Website, Blue Harbour Financial Partners cannot promise that the Website will be continuously available or virus or fault free.
Exclusion and limitation of liability
The Competition and Consumer Act 2010 (Cth) and other legislation in Australia may confer rights and remedies on you in relation to the provision by Blue Harbour Financial Partners of goods or services on the Website which cannot be excluded, restricted or modified (“Non-excludable Rights”). Blue Harbour Financial Partners does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute to the extent that it is able to do so.
Except as provided for by the Non-excludable Rights:
- all Content is provided “as is” and without warranties of any kind, either express or implied;
- Blue Harbour Financial Partners expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- Blue Harbour Financial Partners does not warrant that the functions contained in any content on the Website or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits content to you are free of viruses or any other harmful components;
- Blue Harbour Financial Partners does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any content on the Website in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;
- you (and not Blue Harbour Financial Partners) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content on the Website;
- Under no circumstances (including but not limited to any act or omission on the part of Blue Harbour Financial Partners) will Blue Harbour Financial Partners be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website. You expressly acknowledge and agree that Blue Harbour Financial Partners may not exert control over users of the Website or other parties or websites referred to on the Website (including but not limited to individuals referred to on the Website as guests and/or experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct;
- Blue Harbour Financial Partners is not liable for any loss or damage to the extent that it is caused by you; and
- To the maximum extent permitted by law, Blue Harbour Financial Partners excludes any liability to you that may otherwise arise as a result from your use of the Website.
If Blue Harbour Financial Partners is not entitled by law to exclude liability arising from breach of a statutory duty or other legislation such as the Non‑excludable Rights, then to the extent Blue Harbour Financial Partners is permitted to do so Blue Harbour Financial Partners limits that liability to resupply of the services, information or links and associated services, as the case may be.
In this Website, any frames, links or other references to other websites, persons or information are produced solely for convenience. Those references are not an endorsement of those parties or their products or services. Blue Harbour Financial Partners does not warrant the accuracy or suitability of any information contained in this or any other website.
Your liability to Blue Harbour Financial Partners
You are not liable to Blue Harbour Financial Partners for any loss to the extent that it is caused by Blue Harbour Financial Partners.
Users Indemnity to Blue Harbour Financial Partners
No waiver for breaches
If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.