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31 July 2014

Terms & Conditions

1. Introduction

These terms of use (“Terms”) govern your use of the Blue Ocean Equities Pty Ltd ACN 151 186 935 (“Blue Ocean Equities”) webite – (“Site”) and all associated pages. Your use of this Site will mean you accept these Terms.

2. Acceptance of Terms and Privacy

These Terms must be read in conjunction with any other notices, disclaimers and policies displayed elsewhere on this Site.

You should check these Terms periodically for changes, as we reserve the right to modify these Terms at any time. Amendments will become effective immediately upon notification on this Site. The date of the current version of these Terms is noted above.  Your use of this Site following any modifications to these Terms will mean you accept these Terms as amended.

If you do not agree to these Terms, which includes our Privacy Policy, you must immediately refrain from using this Site.

We process personal information that you provide to us only in accordance with our Privacy Policy. By using this Site, you consent to such processing and you warrant that all data provided by you is accurate.

Blue Ocean Equities reserves the right to modify this Site from time to time, for any reason, and without notice. Blue Ocean Equities will not be liable to any person if for any reason this Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to this Site. You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of these Terms and that they comply with them accordingly.

3. Linked Sites

Blue Ocean Equities may provide links to third parties’ websites (“Linked Sites“). Those links are provided for convenience only and may not remain current or may not be maintained. Unless otherwise notified on this Site, Linked Sites are not reviewed, controlled or examined by Blue Ocean Equities in any way. Blue Ocean Equities is not responsible for the content, privacy practices, availability, advertising, products or other materials on any such Linked Sites, or any links on the Linked Sites.

Except as otherwise explicitly stated on this Site, Blue Ocean Equities’s link with Linked Sites does not imply Blue Ocean Equities’s endorsement of, or association with, the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites.

In no event shall Blue Ocean Equities be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through the Linked Sites. You should direct any concerns to the relevant Linked Site’s administrator or Webmaster. Blue Ocean Equities reserves the exclusive right, in its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from this Site and/or introduce different features or links.

4. Disclaimer

Blue Ocean Equities cannot accept responsibility for a number of matters relating to this Site because they are outside of the reasonable control of Blue Ocean Equities.

All information provided by Blue Ocean Equities on this Site is provided in good faith, without any guarantees, conditions or warranties as to its accuracy. You accept that any information provided by Blue Ocean Equities is general information and is not in the nature of advice. Blue Ocean Equities derives its information from sources which Blue Ocean Equities believes to be accurate and up to date as at the date of publication, and Blue Ocean Equities reserves the right to update this information at any time.

5. Limitation of Liability

Certain statutory warranties under consumer protection laws will be implied for the benefit of consumers. Nothing in these Terms is intended to exclude or restrict the application of such laws but Blue Ocean Equities does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this Site outside these laws.

Subject to claims available under consumer protection laws:

  • Blue Ocean Equities is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential, economic or any other kind of loss) however caused, even if foreseeable, and which is suffered directly or indirectly in connection with the use or inability to use this Site.
  • Blue Ocean Equities is not liable for disruptions to this Site.
  • Blue Ocean Equities is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Site or an external site. You must take your own precautions to ensure that whatever you select for use from this Site is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

6. Viruses, Hacking and Other Offences

You must not misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site. If you engage in such conduct, your right to use this Site will cease immediately.

Blue Ocean Equities will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to use of this Site, or on any website linked to this Site.

7. Intellectual Property Rights

The material contained on this Site is protected by copyright. You may use this Site only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this Site, or create any other material using material on this Site, without obtaining the prior written consent of Blue Ocean Equities.

Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of Blue Ocean Equities Pty Ltd.

This Site, products, technology and processes contained in this Site may be the subject of other intellectual property rights owned by Blue Ocean Equities or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this Site must not in any way infringe the intellectual property rights of any person.

When you post or transmit material on this Site, you assign all copyright that subsists in such material to Blue Ocean Equities, which Blue Ocean Equities may then assign to a third party. To the extent necessary, you consent to any acts by Blue Ocean Equities or Blue Ocean Equities’s licensees or assignees that may infringe your moral rights in the material that you creates (for example, Blue Ocean Equities may not always be able to identify you as the author of the material that you create and submit to this Site).

8. Cookies

Cookies are small pieces of data stored on the web browser on your computer. This Site may store cookies on your web browser.

The main reasons Blue Ocean Equities store cookies are to:

  • Improve your use of the website. For example, to remember your site preferences for your next visit to the Site; and
  • Gather statistics on Site usage. For example, page views and drop off points so Blue Ocean Equities can monitor Site usage and make improvements to Site usability;

You can set up most web browsers so you are notified of when a cookie is received, so you can then either accept or reject it. You can also check the cookies stored by your web browser and remove any that you do not want.

If you disable the use of cookies on your web browser or remove or reject specific cookies from this Site or linked sites, then you may not be able to gain access to all the content and facilities of this Site.

9. Governing law

These Terms are governed by the laws in force in New South Wales, Australia.

You accept that any disputes about this Site or its contents are to be determined by the courts having jurisdiction in New South Wales, Australia in accordance with the laws in force in New South Wales, Australia (except any principle of conflict of laws inconsistent with this requirement).

This Site may be accessed throughout Australia and overseas. Blue Ocean Equities makes no representation that the content of this Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Site from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.

10. General

Blue Ocean Equities accepts no liability for any failure to comply with these Terms where such failure is due to circumstances beyond the reasonable control of Blue Ocean Equities.

You must do all things, including sign such documents, as may be required to assure the rights of Blue Ocean Equities, and those rights of any third party beneficiary, under these Terms.

If Blue Ocean Equities waives any rights available to it under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining provisions of these Terms will nevertheless continue in full force.

11. Contact Information

If you have any concerns about material that appears on this Site, please contact Blue Ocean Equities Pty Ltd in accordance with the details set out below.

Blue Ocean Equities Pty Ltd
Level 29 Aurora Place
88 Phillip Street
Sydney NSW 2000
tel+61 2 8072 2988
fax+61 2 8072 2950


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