Our Terms of Use

Last Updated 06 June 2019

These Terms of Use set forth the agreement between Bluefish Global Payroll Services Ltd (which is referred to below as “we” or “us” and in the possessive “our”) and any users of this site (each a “User” or “you”) regarding access to and use of this site or other sites as Bluefish Technologies Services may make available (collectively and separately the “Website”). The Website includes all associated products, features, and services. By using the Website, Users agree to be legally bound by these Terms of Use. If you do not agree to these terms of use, you must not use or continue to use this Website.

Please note that all uses of the word “including” means “including, without limitation” in these Terms of Use.

A User may desire access to one or more of our services through our Website. The access will be under a non-exclusive, revocable license.
In order to gain access to any of the services provided through our Website, each User must register. In this registration process the User must provide accurate and complete information. Registration using any fictitious information will mean that the User’s access to any services through the Website is unauthorized and the license granted the User by us will be void.

We reserve the right to, but we are not required to, authenticate User Information. Each User hereby authorizes us to take such action as we believe is appropriate to conduct such authentication.
The information requested at the time of registration may include the User’s name, company, contact information, the capacity in which the User is registering and the billing address of the User.
Certain requests for information will be optional. For example, a User may provide a profile for preferred transactions. Whether required or optionally provided by the User, all information provided by a User regarding itself, either as part of the initial registration process or subsequently is referred to as “User Information”.

Each User agrees continually to comply with our access procedures and practices (including security measures) as then in effect and as may be supplemented or modified by Bluefish Technologies Services from time to time (the “Access Procedures”). These Access Procedures include the selection by each User of a user name and password. Each User must (a) maintain the confidentiality of its password and is responsible for all activities that occur under that password and (b) promptly notify us of any known or suspected unauthorized use or disclosure of its password or any other breach of security. A User must never allow any other person to use its name and password to access the Website.

We may enter into separate written agreements with one or more Users regarding the use of our services, including services through the Website. The separate written agreement will provide additional terms governing the relationship between us and the User.

Users must act in a professional business manner. Each User agrees not to use the Website:

  • other than for its intended purpose;
  • to collect, store or use information about other Users or specific transactions other than for the specific purpose for which that information was provided;
  • to identify transactions as a lead generation tool for the User’s own distribution channel, in an attempt to avoid fees;
  • to post, email or otherwise transmit any information known to be inaccurate;
  • to use profanity or language that otherwise is insulting, demeaning, harassing or offensive;
  • to impersonate any person or entity or falsely state or otherwise misrepresent affiliation with a person or entity;
  • to forge or otherwise manipulate identifiers in order to disguise the origin of any transaction or information transmitted to or posted on the Website;
  • to disrupt the normal flow of dialogue on the Website or otherwise act in a manner that negatively affects other Users’ ability to engage in real-time exchanges and transactions;
  • to violate any applicable local, state, national or international law and any regulations having the force of law. We reserve the right to monitor usage of the Website and, in addition to other remedies available to us, to terminate use by any Users who we determine, in the exercise of our sole discretion, to have failed to abide by these Terms of Use.

Our policy is to respect and protect the privacy of our Users. Please refer to our Privacy Policy for further information.

From time to time, we may clarify or modify these Terms of Use. We will change the “Last Updated” date at the top of these Terms of Use when we make those changes. If we make any substantive change, we will notify our Users by sending an email to the email address we have for the User and posting a notice on our Website. Your continued use of the Website after such notice and posting will constitute your acceptance of the Terms of Use, as modified.

We reserve the right to terminate a User’s access to and use of the Website at any time for any or no reason.

Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other site or location or its contents. WE SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Website, use of or access to the Website other than its intended purpose. You agree not to sell, resell or exploit for any commercial purposes or use for any purposes any portion of the Website. The Website is provided for each User’s internal use only. The content of the Website (the “Content”), including text, software, photos, and graphics, is copyrighted by us and/or our licensors under European and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

We do not claim ownership of the Content you submit to the Website. You grant to us a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicenseable right, with respect to the Content you introduce into the Website subject only to restrictions on our use of such Content set forth in our Privacy Policy. We own all statistical and billing data that we create on a non-personally identifiable basis relating to the usage of the Website or the services we provide to any User.

The foregoing rights and licenses are subject to any pre-existing confidentially obligation, including those obligations contained herein.

The foregoing rights and licenses are in addition to any others granted under any other agreement between a User and us. The grants in this Section 7 will survive the termination of any relationship between a User and us.

Certain of the names, logos, and other materials displayed on the Website constitute our or other entities’ trademarks, tradenames, service marks or logos (“Marks”). You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCTS OR SERVICES OF ANY USER.

WE MAKE NO WARRANTY THAT OUR WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR WEBSITE OR THAT DEFECTS IN OUR WEBSITE WILL BE CORRECTED. WE ARE NOT ENGAGED IN THE PROVISION OF ANY PROFESSIONAL SERVICES, INCLUDING LEGAL OR ACCOUNTING SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, ON OR THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF OUR WEBSITE. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE APPLICABLE WHETHER ANY SUCH LOSS, DAMAGE OR EXPENSE ARISES IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO STRICT LIABILITY AND NEGLIGENCE) OR OTHERWISE, NOTWITHSTANDING FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

You agree to indemnify, hold harmless and, at our option, defend us, our parents, subsidiaries, affiliates, officers, directors, licensors, co-branders or other partners, employees, consultants and agents from and against any and all third- party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from (1) any false, misleading or inaccurate information you (or anyone using your account) submits, posts or transmits through our Website, (2) violation by you or anyone using your account of the rights of any other person (other than any infringement claim based solely on our design or development of the Website; (3) your (or anyone using your account’s) violation of these Terms of Use or the Privacy Policy, (4) your (or anyone using your account’s) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into our Website.

These Terms of Use constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Website, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. These Terms of Use and the relationship between you and us shall be governed by the laws of England & Wales. All actions arising out of these Terms of Use or out of your use of the Website shall be brought in courts of England & Wales and you and us hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use or your use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The terms of Sections 6 and 9 through 13, as well as any other limitations on liability explicitly set forth herein, shall survive the expiration or earlier termination of these Terms of Use for any reason. Our (and our licensors’) proprietary rights (including any and all intellectual property rights) in and to the Content and the Website shall survive the expiration or earlier termination of these Terms of Use for any reason.