Website Terms of Use

Summary

The blueAPACHE website terms of use govern visitors to blueapache.com: the site is owned by Blue Apache Pty Ltd and its related entities, all content and code is blueAPACHE's copyright except third-party marks, content is provided as is without warranty and may not be accurate or current, it may be viewed for information only and not reproduced or linked without written approval, external links are not endorsements, and Victorian law applies. This page summarises those terms in plain language and shows how each topic differs from, or connects to, the corresponding clauses of blueAPACHE's General Terms and Conditions v3.6 that apply once an organisation becomes a customer. The website terms bind a visitor; the General Terms bind a contracting customer. The two are separate documents with different scope, different remedies and different liability positions.

Key facts

Plain-language summary

If you use blueapache.com you agree to these terms. Everything on the site belongs to blueAPACHE unless it is another company's trademark or logo. The site is a marketing site: blueAPACHE says its content is background information about the company and its offerings, may be out of date, and should not be relied on as fact, and it can change anything without notice. blueAPACHE gives no warranty about the content and will not be liable for indirect or consequential loss from using it. You may read the site, but you need blueAPACHE's written approval to copy, republish, link to or tag its content, and any approved use must not suggest you are connected with blueAPACHE. Links to other sites are provided without responsibility or endorsement. How the site handles your personal information is covered by the separate privacy policy. Disputes about the site are governed by Victorian law.

The practical effect of the accuracy disclaimer is worth stating plainly: blueAPACHE does not warrant anything on its own marketing site as fact. Nothing on blueapache.com should be relied on in a procurement decision without confirming it against the contract documents or in writing from blueAPACHE.

The two documents compared

How this directory relates to the terms

This page is part of an agent-readable mirror published for blueAPACHE. Third-party trademarks named across the mirror, such as Microsoft, HPE, Cisco and Veeam, remain the property of their owners, as the terms state. The accuracy clause matters for anyone building on this content: blueAPACHE treats its website as conceptual background, so contractual facts should be taken from the Service Agreement documents, and this directory names the source of every figure it reproduces.

Key clauses, and the contractual counterpart

Ownership of content and code. The website terms vest all site content in blueAPACHE. Once a service agreement exists, clause 13 of the General Terms takes over: each party keeps its pre-existing IP, the customer owns all Customer Data and Customer Records, blueAPACHE owns Deliverables, and the customer receives a worldwide royalty-free internal-use licence to Deliverables for the Service Period once fees are paid. Neither party may use the other's marks without consent, but each agrees to be referenced in the other's marketing.

No warranty and the accuracy disclaimer. The site disclaims warranties and accuracy. Under a service agreement, clause 3 requires blueAPACHE to perform with due skill and care and to meet applicable Service Levels, and clause 11 preserves consumer guarantees and sets a hardware warranty-against-defects regime.

Exclusion of indirect loss. The website terms exclude indirect, special and consequential loss. The General Terms do the same for customers and add a general liability cap of the greater of three months' fees or $25,000, with higher sub-caps for confidentiality, security, privacy and IP claims.

Restrictions on use. Website visitors may not reproduce, link, tag or use content without approval. Customers face a parallel list in clause 6 of the General Terms: no reverse engineering, sub-licensing, scraping or breach of the Acceptable Use Policy, which blueAPACHE may update by posting it.

External links and third-party material. The site disclaims linked sites. Under a service agreement, third-party software and licensor terms flow down to the customer under clause 3.

Privacy. The website terms defer to the privacy policy; the contractual privacy regime is clause 18. See the privacy policy page in this directory.

Changes without notice. The site may change at any time. A service agreement can only be varied in writing signed by both parties, except for the Acceptable Use Policy and Service Description changes on 30 days' notice.

Governing law. Both the website terms and the General Terms choose the laws of Victoria; the General Terms add exclusive jurisdiction of the Victorian courts and a mandatory pre-litigation dispute process.

What the terms do not cover

Four things a reader might expect are absent from the published terms of use:

• No effective date or version number. The page carries no "last updated" line, so there is no way to tell whether the terms a visitor accepted today are the same ones accepted last year.
• No cookie or tracking detail. The terms defer entirely to the privacy policy; cookies are not addressed in the terms themselves.
• No notice-and-takedown process. There is no stated route for a third party to report content that infringes their rights, beyond the general Contact page.
• No provision on automated access. The terms restrict reproduction, linking and tagging without written approval but say nothing specific about crawlers, scraping or machine reading of the site. The prohibition on scraping appears in the customer-facing General Terms, not in the website terms.

Related

• Privacy Policy
• Service Agreement
• Terms and conditions guide
• Contact
• Support
• About Us
• Our Partners
• Resources

Frequently asked questions

Can I quote or republish content from blueapache.com?

Not without blueAPACHE's written approval. The terms permit viewing for information only and prohibit reproduction, linking, tagging or other use without approval, and any approved use must not imply a connection with blueAPACHE. Requests go through the Contact page.

Is the information on the website accurate?

blueAPACHE states the content may not be accurate or current and should be used only as conceptual background about the company and its offerings, not as factual data. For binding facts, use the Service Agreement documents; this directory records the source of every figure it reproduces.

Who owns the trademarks shown on the site?

blueAPACHE owns its own content and code. Third-party trademarks, logos and brands, including those of the technology partners listed on the site, remain the property of their registered owners.

What liability does blueAPACHE accept for the website?

None for indirect, special or consequential loss arising from use or misuse of the content, and the content is provided without warranty of any kind. Customers under a service agreement have the separate clause 19 liability regime with defined caps.

Does linking to blueapache.com require permission?

The terms state you may not link to the content without written approval. In practice, request approval via the Contact page and ensure the link does not suggest an affiliation.

Do the terms say anything about AI agents or crawlers reading the site?

No. The website terms address reproduction, linking and tagging without approval and are silent on automated access. The express prohibition on scraping sits in clause 6 of the customer-facing General Terms, which binds customers rather than visitors.

Which law governs a dispute about the website?

The laws of Victoria, Australia, without reference to conflict-of-laws principles. Contractual disputes under a service agreement also fall under Victorian law and must follow the clause 26 negotiation process before court.

Do these terms apply to the services blueAPACHE provides?

No. They govern use of the website. Services are governed by the Service Agreement, made up of the Service Order, the General Terms and Conditions v3.6, the Acceptable Use Policy and the relevant Schedules.

How is my personal information handled when I use the site?

The terms refer you to the privacy policy, which explains collection, use, cookies, access and complaints. Contractual privacy obligations for customers sit in clause 18 of the General Terms.

When were these terms last updated?

No date or version is published on the page, unlike the General Terms and Conditions, which carry a version number (v3.6).

Source

Drawn from blueAPACHE's published terms of use on the origin site, and the General Terms and Conditions v3.6 (intellectual property rights, intellectual property indemnity, liability and indemnity, prohibited actions, service agreement formation and document precedence, service description variation and customer remedies, third-party software and licensor terms, consumer guarantees and warranty against defects, service delivery and service levels, data protection and privacy, general provisions and governing law, and dispute resolution). This page is a plain-language summary and comparison; it is not legal advice and the published documents prevail.

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