Important notice: Please read carefully before buying training courses or accessing or downloading any training materials from this website.
This is a legal agreement between you (Licensee or you) and Blue Array Ltd of 3rd Floor, The Blade, Abbey Square, Reading, Berkshire, RG1 3BE (Licensor or we) for your purchase of Blue Array training courses and training materials ("Training Courses" and "Training Materials" respectively), which includes printed materials and online documentation (Documentation).
There are two terms and conditions contained herein. The terms and conditions applicable to the provision of the Training by Blue Array to the Customer and separately the terms and conditions to govern your use of The Blue Array Ltd Slack Channel known as the ‘Blue Array VIP Community’ located at bluearrayvipcommunity.slack.com.
By clicking on a "purchase" button or joining the Blue Array VIP Community, you agree to these terms which will bind you and (if you are an employer) your employees. If you do not agree to these terms, we shall not sell Training Materials, Documentation, or Membership to you and you must discontinue the purchasing process now.
1.1 These terms and conditions (the Terms and Conditions) shall apply to the provision of the Training by Blue Array to the Customer.
2.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:
Agreement: these Terms and Conditions and (i) the signed Proposal; or (ii) completed Online Booking Process.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
The following expressions shall have the following meanings: “Blue Array Academy” or “BAA” or “Blue Array” means Blue Array Ltd.
Charges: the charges payable by the Customer for the Training in accordance with clause 6 (Charges and payment).
Delegate(s): an individual or representative scheduled by the Customer to attend the training.
Customer: the person or firm who purchases the Training from Blue Array.
Customer Data: the data provided by the Customer for the purpose of facilitating the Training.
Data Protection Legislation: means:
(a) The General Data Protection Regulation (GDPR), the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003; and
(b) any other legislation in force from time to time relating to privacy and/or the Processing of Personal Data and applicable to the provision and receipt of Training under these Terms and Conditions; and
any statutory codes of practice issued by the Information Commissioner in relation to such legislation.
Online Booking Process: The booking process available through the following website: https://www.bluearrayacademy.com/
Personal Data: has the meaning given to it in the Data Protection Legislation.
Proposal: The proposal document sent by Blue Array to Customer, following an indication by Customer that it wishes to obtain training services from Blue Array, setting out the details of the Training to be provided and the basis upon which Blue Array proposes to provide them.
Processing: has the meaning given to it in the Data Protection Legislation.
Training: the training to be supplied by Blue Array to the Customer as described in the Proposal or as part of the Online Booking Process.
Training Materials: any materials or documents provided by Blue Array as part of the Training.
2.2 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
3. BASIS OF THESE TERMS AND CONDITIONS
3.1 These Terms and Conditions shall come into effect when either:
3.1.1 Customer completes the Online Booking Process; or
3.1.2 Upon receipt by Blue Array of an electronic or hard copy of the Proposal signed by the Customer, at which point these Terms and Conditions shall be deemed incorporated into the Proposal.
3.2 Any descriptive matter or advertising issued by Blue Array, and any descriptions contained in Blue Array's catalogues, brochures or on their website, are issued or published for the sole purpose of giving an approximate idea of the Training described in them. They shall not form part of these Terms and Conditions nor have any contractual force.
3.3 These Terms and Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.4 Any Proposal is only valid for acceptance for a period of 30 calendar days from its date of issue.
4. SUPPLY OF THE TRAINING
4.1 Blue Array shall use reasonable endeavours to supply the Training to the Customer in accordance with these Terms and Conditions in all material respects but reserves the right to change the course content of any Training Course at any time and without notice.
4.2 Blue Array shall use reasonable endeavours to meet any specified training dates, but any such dates shall be anticipated dates only and may be subject to alteration.
4.3 Blue Array reserves the right to amend the Agreement if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Training, and Blue Array shall notify the Customer in any such event.
4.4 Notwithstanding the above sub-clauses, Blue Array reserves the right to cancel Training at any time, without incurring additional liability to the Customer or any Delegates. In such circumstances, Blue Array will offer (at its sole discretion) alternative dates, a full refund, or a credit note.
5. CUSTOMER'S OBLIGATIONS
5.1 The Customer shall:
5.1.1 co-operate with Blue Array in all matters relating to the Training;
5.1.2 provide Blue Array, its employees, agents, consultants and subcontractors, with any information which may reasonably be required by Blue Array in the organisation of the Training, including, but not limited to, details in respect of the Delegate(s) and ensure that such information is complete and accurate in all material respects; and
5.1.3 where Training is being delivered at its premises, provide Blue Array with (i) access, training space and any equipment necessary for the delivery of the Training; and (ii) such facilities as are reasonably notified to the Customer in advance.
6. CHARGES AND PAYMENT
6.1 Unless otherwise stated in the Proposal, the Charges for the Training shall be calculated on a per session per Delegate basis.
6.2 The Customer shall pay any invoice submitted by Blue Array within 30 calendar days of the date of the invoice, and in any event prior to the Training taking place, to a bank account provided on the invoice by Blue Array, or in the case of online bookings, shall make payment as required by the Online Booking Process.
6.3 Failure by the Customer to pay any Charges when they fall due may (at Blue Array's discretion) result in:
6.3.1 the Delegates' place on the Training being withdrawn;
6.3.2 Blue Array ceasing to provide the Training; and/or
6.3.3 Blue Array withholding any certification due to the Delegates from the Training.
6.4 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay Blue Array any sum due under this Agreement on the due date:
6.4.1 the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time.
6.5 All sums payable to Blue Array under this agreement:
6.5.1 are exclusive of VAT, and the Customer shall in addition pay an amount equal to any VAT chargeable on those sums on delivery of a VAT invoice; and
6.5.2 shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
7. CANCELLATION AND REFUND
7.1 The Customer may cancel Training on 30 calendar days’ notice to Blue Array. Cancellations must be provided in writing to email@example.com. Training may not be cancelled within 30 days of the start date of the Training.
7.2 Training may only be cancelled by the Customer in accordance with clause 7.1. If a Customer or Delegates fail to attend all or part of any Training, full payment of the Charges shall be required.
7.3 For online courses, our cancellation period is 14 days. Any purchase cancelled within 14 days of payment will be eligible for a full refund (unless you have started the course). Once you begin the course, you are no longer eligible for a full refund, even if you ask for a refund within 14 days of payment. Once a course has been redeemed, we cannot grant a refund. All refund requests must be sent to firstname.lastname@example.org.
7.4 If a refund is approved by Blue Array, it will be made through the original mode of payment only.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All intellectual property rights in or arising out of or in connection with the Training, including any associated Training Materials shall be owned by Blue Array.
8.2 No reproductions, scans or copies (wholly or in part) shall be made of the Training Material without the prior written consent of Blue Array.
9. CUSTOMER DATA
9.1 As between the parties, the Customer shall own all right, title and interest in and to all of the Customer Data.
9.2 The Customer grants Blue Array an irrevocable, unlimited and royalty-free licence to use the Customer Data provided to Blue Array for the purposes of providing the Training.
9.3 Each party warrants that for the purposes of this Agreement it:
9.3.1 shall comply with the provisions of the Data Protection Legislation, including without limitation that it:
(a) shall use Personal Data in accordance with the permissions or consents obtained from the data subjects (as defined in the Data Protection Legislation) or otherwise in accordance with the Data Protection Legislation;
(b) shall communicate to the other party the terms of any permissions or consents obtained from the data subjects;
(c) shall have in place appropriate technical and organisational security measures against unauthorised or unlawful Processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data and shall take all reasonable steps to ensure the reliability of its personnel who have access to such Personal Data and to impose obligations of confidentiality upon such personnel and to ensure that such personnel are aware of their responsibilities under the Data Protection Legislation;
(d) shall not transfer Personal Data outside the European Economic Area save in accordance with the Data Protection Legislation;
(e) shall comply with any request or notice it receives from a data subject in its capacity as a data controller;
9.3.2 shall upon request provide such assistance as is reasonably necessary to the other party to enable that party to comply with its obligations as a data controller (as defined in the Data Protection Legislation);
9.3.3 shall inform the other party as soon as reasonably practicable of the discovery of any actual or suspected data-breach relating to the Processing of Personal Data in connection with this Agreement;
9.3.4 shall, except to the extent prohibited by applicable law, inform the other party upon receipt of a complaint from a data subject or if approached by any regulatory body in connection with its compliance with the Data Protection Legislation in connection with this Agreement;
9.3.5 shall, except to the extent prohibited by applicable law, consult the other party in good faith as to the timing, manner and content of any response to a complaint from a data subject or approach by any Regulatory Body in connection with compliance with the Data Protection Legislation in connection with the Agreement.
10. LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including, but not limited to, liability for:
10.1.1 death or personal injury caused by negligence;
10.1.2 fraud or fraudulent misrepresentation; and
10.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
10.2 Subject to clause 10.1:
10.2.1 Blue Array shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, loss of income, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising;
10.2.2 Blue Array's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Agreement shall be limited to the total Charges paid for the Training.
10.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 and 4 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
10.4 This clause 10 shall survive termination of the Agreement.
11.1 Each party may be given access to confidential information from the other party in order to perform its obligations under the Agreement. A party's confidential information shall not be deemed to include information that:
11.1.1 is or becomes publicly known other than through any act or omission of the receiving party;
11.1.2 was in the other party's lawful possession before the disclosure;
11.1.3 is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
11.1.4 is independently developed by the other party, which independent development can be shown by written evidence.
11.2 Subject to clause 11.3, each party shall hold the other's confidential information in confidence and not make the other's confidential information available to any third party, or use the other's confidential information for any purpose other than the implementation of the Agreement.
11.3 A party may disclose confidential information to the extent such confidential information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 11.3, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.
11.4 The Customer acknowledges that its information may be used by Blue Array on an anonymous basis without limitation including compiling and publishing reports.
11.5 The above provisions of this clause 11 shall survive termination of the Agreement, however arising.
12.1 Without affecting any other right or remedy available to it, either party to the Agreement may terminate it with immediate effect by giving written notice to the other party if:
12.1.1 the other party commits a material breach of any term of the Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 calendar days after being notified in writing to do so;
12.1.2 the other party takes any step or action in connection with its entering administration, provisional liquidation, bankruptcy or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
12.1.3 the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
12.1.4 the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Agreement has been placed in jeopardy.
12.2 Without affecting any other right or remedy available to it, Blue Array may terminate the Agreement with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Agreement on the due date for payment
13. CONSEQUENCES OF TERMINATION
13.1 On termination of the Agreement:
13.1.1 the Customer shall return any of the Training Materials which have not been fully paid for; and
13.1.2 any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination of the Agreement shall remain in full force and effect.
13.2 Termination of the Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination.
14. FORCE MAJEURE
Blue Array shall have no liability to the Customer under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Blue Array or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.
Subject to clause 4.3, no variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Agreement.
18. ENTIRE AGREEMENT
18.1 The Agreement shall constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
18.2 Each party acknowledges that in entering into the Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement.
19. ASSIGNMENT AND SUBCONTRACTING
19.1 The Customer shall not, without the prior written consent of Blue Array, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement, such consent may be withheld in Blue Array's sole discretion.
19.2 Blue Array may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement.
20. NO PARTNERSHIP OR AGENCY
Nothing in the Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
21. THIRD PARTY RIGHTS
The Agreement does not confer any rights on any person or party (other than the parties to the Agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
22.1 Any notice required to be given under the Agreement shall be in writing and shall be delivered by hand or sent by post or email to the other party at its address set out in the Agreement, or such other address as may have been notified by that party for such purposes.
22.2 A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent email shall be deemed to have been received at the time of transmission (as shown by the time sent in respect of an email).
23. GOVERNING LAW
The 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.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).
BLUE ARRAY VIP COMMUNITY TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS AND CONDITIONS
These terms and conditions govern your use of the Blue Array Ltd Slack Channel known as the ‘Blue Array VIP Community’ located at bluearrayvipcommunity.slack.com and all associated channels, as provided by Blue Array Ltd Limited (hereafter known as Blue Array Ltd). We may amend or add to these terms and conditions without notice to you, so please check them periodically.
When you register with us you are stating that you are over 16 years of age. You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate, and complete.
You must keep the password that you use to access Blue Array Ltd confidential and must not disclose it to or share it with anyone. You will be responsible for all activities that occur under your password.
3. BLUE ARRAY LTD NEWSLETTERS
You can agree to receive regular Blue Array Ltd newsletters by email. If you do not wish to receive these newsletters then you can choose not to. You can unsubscribe from the mailing list at any time using the link via the unsubscribe link in the email.
4. USE OF THE ‘BLUE ARRAY VIP COMMUNITY’
If you use the ‘Blue Array VIP Community’, you alone are responsible for the content of your posts, and any consequences arising. By using Blue Array Ltd you agree to comply with the following:
(a) Blue Array Ltd is to be used by you for your personal use only and may not be used for commercial purposes (to promote a company, product, or service or to recruit staff) without prior written permission.
(b) Blue Array Ltd may not be used to send chain letters, junk mail, 'spam', solicitations (commercial or non-commercial) or bulk communications of any kind. If a ‘Blue Array VIP Community’ member puts an email address or web address into a message, you may not use it for any purpose other than that which the Member intended.
(c) If using the ‘Blue Array VIP Community’ to arrange to meet someone, you do so at your own risk, and Blue Array Ltd. accepts no liability for any consequences.
(d) You may not post to Blue Array Ltd or use Blue Array Ltd to publish, send or distribute any message or material (in any media or form) that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, threatening, racially or sexually or otherwise discriminatory, offensive, inaccurate, is in breach of confidence or a third party's intellectual property rights or which otherwise includes objectionable material of any kind or nature, that encourages or engages in conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation or which has a disruptive influence on Blue Array Ltd.
(e) You must not impersonate any other person or entity, whether actual or fictitious.
(f) You must not use Blue Array Ltd in a way that might reasonably be expected to cause the website to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another's computer.
Blue Array Ltd reserves the right in its absolute discretion at any time to edit, alter, delete or move any material posted to, appearing on or distributed by Blue Array Ltd and you. Blue Array Ltd will not enter into any discussions about its decision to edit, alter, delete or move such material.
(a) Blue Array Ltd may at any time, and without prior or post warning, close discussions on the ‘Blue Array VIP Community’ as it feels appropriate. No discussion will be entered into.
(b) Blue Array Ltd may withdraw membership of Blue Array Ltd at any time. Attempts to rejoin may result in legal action. Blue Array Ltd decision is final and no discussion will be entered into.
The ‘Blue Array VIP Community’ code of conduct is detailed below:
- Be inclusive. Our community is for everyone, regardless of gender identity, sexual orientation, race, ethnicity, nationality, colour, immigration status, social and economic class, educational level, size, family status, political belief, religion, and mental and physical ability or any other attribute that people use to label others or divide communities
- Be patient and considerate. Remember you were new in SEO once too!
- Be respectful. We know you can’t all agree, all the time. Disagree respectfully.
- Do not use or promote hate speech.
- Do not threaten, harm, or alarm anyone.
- Do not bully or harass anyone.
- Do not be vulgar or offensive.
- Do not threaten, condone, perform, or promote any illegal acts.
- Do not impersonate anyone else.
- Do not infringe anyone’s privacy or defame them.
- Do not infringe anyone’s intellectual property.
- Do not spam anyone.
- Do not forward recommendations or offers to your contacts without their permission.
- Do not share erotic or pornographic imagery.
- Do not share any image of another person without their consent.
5. COMMENTS or QUESTIONS
By adding a question or comment to the ‘Blue Array VIP Community’, you agree to comply with the following terms:
(a) Blue Array Ltd reserves the right in its absolute discretion at any time to edit, alter, delete or move any material, such as listings, questions or comments added by Blue Array Ltd and you. Blue Array Ltd will not enter into any discussions about its decision to edit, alter, delete or move such material.
(b) Blue Array Ltd reserves the right to share material, such as the content question or comment on social media, our website, or with other organisations who may also publish the material.
(c) Blue Array Ltd reserves the right to email you from time to time
Images in threads and comments:
(a) The member must submit only his/her own original images and agrees and confirms that this will not infringe the copyright or any other rights of any third party.
(b) The photo should be of sufficient quality to publish.
(c) Blue Array Ltd reserves the right to edit any photo.
(d) If your photo contains what appears to be illegal conduct, Blue Array Ltd may notify law enforcement authorities.
6. INTELLECTUAL PROPERTY
All copyright, trademarks (registered or unregistered), and other intellectual property rights of whatsoever nature arising from all materials, content, and information on this site, including the site's design, layout, and organisation, are owned or licensed by Blue Array Ltd.
Except where stated, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of Blue Array Ltd.
Permission is granted to access, download, or print such material for your personal, non-commercial use only and is subject to these terms and conditions.
By submitting content to Blue Array Ltd, including your first name, you grant Blue Array Ltd a right to use, reproduce, modify, and publish it in other works. You also permit any member to access, display, view, store, and reproduce such content for personal use.
7. THIRD PARTY WEBSITES, GOODS AND SERVICES
Blue Array Ltd provides links to third party web sites. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, or any goods or services available from such sites.
All matters concerning any goods and services that you purchase from a third party site, including without limitation all contract terms are solely between you and the owner of that site and Blue Array Ltd will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against Blue Array Ltd with respect to any such sites.
8. DISCLAIMER OF WARRANTIES
Blue Array Ltd is providing this site on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties.
The content on the Blue Array Ltd has been included in good faith. The Content may contain inaccuracies or typographical errors. Whilst Blue Array Ltd endeavours to ensure that the information on this site is correct, no warranty, express or implied, is given as to its accuracy, and Blue Array Ltd does not accept any liability for error or omission.
In particular, the support and information in the ‘Blue Array VIP Community’ and site do not constitute any form of advice, recommendation or arrangement by Blue Array Ltd and is not intended to be relied upon by users in making (or refraining from making) any specific decisions or to be a substitute for obtaining paid professional advice.
You are responsible for checking the accuracy of relevant facts and opinions given on the site before entering into any commitment or taking any other form of action or inaction based upon them.
Blue Array Ltd does not represent or guarantee the truthfulness, accuracy or reliability of postings submitted by users, moderators and supporters within the ‘Blue Array VIP Community’, or endorse any opinions expressed by users, moderators or Blue Array Ltd employees posting within the ‘Blue Array VIP Community’.
All conditions, warranties, terms, and undertakings express or implied statutory or otherwise in respect of the provision of the Content and the Site are excluded to the fullest extent permitted by law.
9. LIMITATION OF LIABILITY
Neither Blue Array Ltd nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with your use of this site or any information contained in it. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
You agree to indemnify and hold Blue Array Ltd and its directors, employees, and agents harmless from any claim or demand made by any third party due to or arising from your use of the Blue Array Ltd.
10. BREACH OF THESE TERMS
Blue Array Ltd will be entitled to restrict, suspend or terminate your membership or deny you access to Blue Array Ltd or take such other action as Blue Array Ltd deems appropriate if Blue Array Ltd determines, in its sole discretion, that you are in breach any of the Terms and Conditions or that your use of Blue Array Ltd is inappropriate or otherwise unacceptable.
The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which Blue Array Ltd may have against you in respect of your breach of these Terms and Conditions.
Blue Array Ltd shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as Blue Array Ltd in its sole discretion considers reasonably necessary or appropriate.
You agree to indemnify and hold each of Blue Array Ltd, its directors, sponsors, representatives, employees, and contractors, harmless from any claim or demand, including reasonable solicitors fees, made by any third party due to or arising out of your use of Blue Array Ltd, the violation of these Terms and Conditions by you, or the infringement by you, or any other subscriber of your account, or of any intellectual property or other rights of any other person or entity.
12. APPLICABLE LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any dispute shall be subject to the exclusive jurisdiction of the English courts.
13. CONFIDENTIAL INFORMATION
When you assist us in any research or development for Blue Array Ltd, or a third party through Blue Array Ltd, marked as “confidential information" then you agree to never share to anyone outside Blue Array Ltd without first obtaining our consent. "'Confidential Information" shall mean any information and data of a confidential nature, including but not limited to proprietary, technical, brand strategy, development, new product ideation, and development, marketing, sales, operating, performance, cost, know-how, business and process information, computer programming techniques, source code, all record bearing media and any samples, models or prototypes, or parts thereof.
14. CANCELLATION, REFUNDS & MEMBERSHIP CONTROLS
The Customer may cancel access to the ‘Blue Array VIP Community’ at any time. There is no pro-rated refunding of membership fees. The monthly fee is applicable regardless of the number of days of membership.
Blue Array Ltd has produced a guide linked below for members to assist in accessing billing information, changing card details, canceling subscriptions, and deleting the payment card on file.