Web
site Terms & Conditions of Use
IMPORTANT!
PLEASE READ THIS LEGAL STATEMENT CAREFULLY BEFORE USING THE
bluescopesteelconnect.com SITE
1.
Ownership
The bluescopesteelconnect.com
website ("Site") is owned by BlueScope Steel Limited ABN
16 000 011 058.
2.
Acceptance of Terms and Conditions
(a) Your
access to and use of the Site is conditional upon your acceptance
and compliance with the terms, conditions, notices and disclaimers
contained in this document and elsewhere on the Site (known
collectively as the "Terms and Conditions").
(b) Your
use of and/or continued access to the Site constitutes your
agreement to the Terms and Conditions. If you violate any
Terms and Conditions your right to use and access the Site
automatically terminates.
(c) BlueScope
Steel Limited may amend the Terms and Conditions at any time
and with immediate effect by posting the amended terms and
conditions on the Site. This agreement may not be amended
otherwise. You should visit this page periodically to review
the Terms and Conditions.
3.
Restrictions on Use
(a) BlueScope
Steel Limited may change or discontinue any feature of the
Site, including the content, hours of availability and equipment
required for access, at any time without notice.
(b) You
may not copy, reproduce, republish, frame, post, upload, distribute,
transmit or modify in any way all or any part of the material
contained on this Site, unless expressly provided for on the
Site or expressly authorised in writing by BlueScope Steel Limited.
(c) You
must not transmit or attempt to transmit any data, code or
other material of any kind to this Site which contains a virus
or other harmful component.
4.
Privacy
(a) BlueScope
Steel Limited's privacy policy applies to information collected
from this Site. It sets out what personal information BlueScope
Steel Limited will collect from you and how BlueScope Steel Limited
will use it, and forms part of these Terms and Conditions.
(b) In
addition to the use of information that has been described
in BlueScope Steel Limited's privacy policy, BlueScope Steel may:
(i) disclose information where required by law to do so;
and
(ii) use and disclose the information collected from the
Site for the following related purposes ("the Related
Purposes"):
A.
BlueScope Steel may use customer information including information
relating to transactions in an aggregate form in order
to provide general industry information, statistics and
demographic characteristics relating to the products or
services provided. This aggregate information may be disseminated
through the Site or provided to third parties. The use
of information for these purposes will not identify individual
customers; and
B.
BlueScope Steel may disclose information concerning a customer
to a third party service provider operating or providing
services for the Site on behalf of BlueScope Steel Limited.
(c) By
accessing the Site you consent to BlueScope Steel using and disclosing
the information collected from the Site for the Related Purposes.
5.
Copyright
(a) The
content of this Site, including all information such as text,
graphics, images and other material ("Material"),
is protected by Australian and international copyright law.
Unauthorised use of the Material may violate these copyright
laws.
(b) You
may:
(i)
download a single copy of the Material and where necessary
for reference purposes keep a temporary copy in your computer's
cache and make a single hard copy of the Material; and
(ii) make such other use of the Material as is otherwise
expressly authorised on the Site.
6.
Trademarks
(a) All
registered and unregistered trademarks, names and logos used
on the Site are used with the permission of BlueScope Steel Limited
or the relevant third party owners.
(b) Nothing
contained in or displayed on the Site should be interpreted
or construed as granting any licence or rights to use or distribute
any names, logos or trademarks, without the express written
agreement of BlueScope Steel Limited or the relevant contributor.
7.
Limitation of Liability
(a) BlueScope
Steel has provided the Material on the basis that it is given
in good faith, but do not represent or warrant that the Material
is reliable, accurate, complete or timely. You acknowledge
that the Site and Material is provided on an "as is"
and "as available" basis without any warranties
or conditions of any kind (other than warranties or conditions
which may not lawfully be excluded), and that you use the
Site and the Material at your own risk.
(b) The
Trade Practices Act 1974 (Cth) and all corresponding state
and territory legislation imply terms, conditions and warranties
into some contracts for the supply of goods and services and
prohibit the exclusion, restriction and modification of such
terms ("Prescribed Terms"). Nothing in the Terms
and Conditions operates so as to exclude, restrict or modify
the application of the Prescribed Terms, the exercise of a
right conferred by any of the Prescribed Terms or the liability
of BlueScope Steel for breach of a Prescribed Term (except to the
extent that liability may be restricted in accordance with
paragraph (g) below). Except as provided by the Prescribed
Terms and the Terms and Conditions, and to the fullest extent
permitted by law, BlueScope Steel excludes and disclaim all terms,
conditions and warranties express or implied in any way relating
to access to, or non-access to, the Site or the use of or
reliance upon the Site or the Materials.
(c) In addition,
BlueScope Steel Limited does not warrant:
(i)
that the Site will operate uninterrupted or error free;
(ii) that the Site and its servers are free of computer
viruses and other harmful data, code, components or other
material; or
(iii)
that BlueScope Steel Limited will be able to prevent any illegal,
harmful or inappropriate use, modification or alteration
of the Site, or will give notice of such use, modification
or alteration.
(d) You
warrant to BlueScope Steel that you have not relied on any warranties,
conditions or representations which have been lawfully excluded
in accordance with this clause 7.
(e) If
your use of the Site or the Material results in the need for
servicing or replacing equipment or data, BlueScope Steel
Limited is not responsible for those costs.
(f) Warranties
and exclusions applying to products or services purchased
from BlueScope Steel Limited through this Site are set out in their
respective On-line Terms and Conditions of Sale.
(g) To
the fullest extent permitted by law, the liability, if any,
of BlueScope Steel arising from a breach of the Terms and Conditions
or the Prescribed Terms is limited to, at the option of BlueScope
Steel Limited
(i)
in the case of goods, the repair or replacement of the goods;
and
(ii) in the case of services, the supply of the services
again or the payment of the costs of having the services
supplied again.
(h) Other
than liability which cannot be lawfully excluded, BlueScope Steel
and its respective suppliers, officers, affiliates, directors,
shareholders, agents and employees and any third parties mentioned
on the Site will not be liable to you or any third party (and
whether for breach of contract, tort, for breach of statute
or on any other basis) for any loss or damage whatsoever (including
any direct, indirect, incidential, special, punitive or consequential
loss, loss of anticipated or actual profits, earnings or revenue,
loss of business opportunities, loss of data, goodwill or
contracts, failure to realise anticipated savings, damages,
expenses or costs) resulting from or in connection with, directly
or indirectly,:
(i)
your use of or access to, or your inability to use or access,
the Site and the Material, including but not limited to
damages resulting from or arising from your reliance on
the Site or mistakes, omissions, interruptions, errors,
defects, delays in operation, non-deliverables, mis-deliveries
or transmissions in or relating to the Site, or any other
failure of performance of the Site;
(ii) the termination of the agreement created by the Terms
and Conditions under clause 11;
(iii)
the failure, or alleged failure, of any product purchased
or transferred pursuant to the Site to conform to any specifications
or terms, whether published on the Site or not;
(iv)
the breach, or alleged breach, of any warranty, express
or implied, relating to any such product purchased or transferred
pursuant to the Site or shipment of such product; or
(v)
government restriction, strikes, war, any natural disaster
or event of force majeure or any other condition beyond
the control of BlueScope Steel Limited.
(i) You
agree to indemnify, hold harmless and defend BlueScope Steel Limited
and its respective suppliers, officers, affiliates, directors,
shareholders, agents and employees against all third party
claims, liabilities and damages incurred or allegedly incurred
by BlueScope Steel Limited arising directly or indirectly as a result
of or in connection with your use of the Site.
8.
Taxes
(a) Certain
taxes and government charges may be payable in relation to
the use of BlueScope Steel Limited's services. BlueScope Steel Limited
has no responsibility for such taxes and other government
charges on transactions on or in any way connected with the
Site.
(b) The
On-line Terms and Conditions of Sale of BlueScope Steel Limited
will apply in determining whether any charges by BlueScope Steel
Limited for goods or services supplied through the Site are
inclusive of any goods and services tax imposed under Australian
law ("GST").
9.
Internet Service Providers
If you
are an internet service and/or access provider, and you supply
the Material to your subscribers, you must not use the Site
in any manner or for any purpose which is unlawful, or in
any manner which violates any right of BlueScope Steel Limited or
which is prohibited by the Terms and Conditions.
10.
Hyperlinks and Third Party Material on this Site
(a) The
Site contains:
(i)
hyperlinks and other pointers to internet websites controlled
and operated by third parties ("Linked Sites");
and
(ii) material provided by third parties, including breaking
news, stocks, horoscopes and weather reports ("Third
Party Material").
(b) BlueScope
Steel Limited is not responsible for the contents of, or any
hyperlink contained in, a Linked Site or the Third Party Material,
and are under no obligation to monitor or filter such material.
(c) You
should not rely on the Third Party Material or the information
at a Linked Site without making your own independent assessment
of the information, and verifying its accuracy. Other than
liability which cannot be excluded by law, BlueScope Steel Limited
is not liable for loss of any kind (whether direct or consequential)
arising from the information at this Site (including Third
Party Material), or a Linked Site, being inaccurate, incomplete
or misleading, and are not responsible for any interpretation,
opinion or conclusion you form from the information.
(d) You
acknowledge that the inclusion of Third Party Material and
any links from the Site does not imply any endorsement or
recommendation of the Third Party Material or the Linked Site
by BlueScope Steel Limited . If you link to, or purchase any products
or services from, any such Linked Site, you do so entirely
at your own risk and none of BlueScope Steel Limited is a party
to any such transaction.
(e) BlueScope
Steel Limited exercise no control over the quality, safety
or legality of the items advertised or sold and statements
made through any Linked Sites. The material on any Linked
Site, including product information and prices, are the responsibility
of the operator of the Linked Site. Any information contained
on a Linked Site is subject to change without notice by the
operator of that website.
(f) Your
use of a Linked Site is subject to the terms and conditions
of that site in addition to these Terms and Conditions. To
the extent that there is any inconsistency between them, these
Terms and Conditions prevail.
(g) If
you have a dispute with one or more Linked Sites or Site users,
to the fullest extent permitted by law, you release BlueScope Steel
Limited, and its respective affiliates, subcontractors, agents
and employees from liability for any claims, demands and damages,
of every nature (including without limitation, actual, special,
incidental and consequential), known and unknown, disclosed
and undisclosed, arising out of or in any way connected with
such disputes.
11.
Termination
(a) The
Terms and Conditions are effective until terminated by BlueScope
Steel. BlueScope Steel may terminate this agreement and your access
to the Site at any time without notice. If this happens, you
are no longer authorised to access the Site.
(b) All
restrictions imposed on you, disclaimers and limitations of
liability set out in the Terms and Conditions will survive
termination.
12.
Governing Law
The Terms
and Conditions are governed by and construed in accordance
with the laws of Victoria, Australia. You irrevocably and
unconditionally submit to the non-exclusive jurisdiction of
the courts of Victoria.
13.
Use of Site from outside Australia
The information
on this Site and these Terms and Conditions have been prepared
in accordance with Australian law, but may not satisfy the
laws of other countries. If you reside in, or access this
Site from, a country other than Australia ("User Country"),
you acknowledge that:
(a) if
the information and these Terms and Conditions satisfy the
laws of the User Country, then you are entitled to use and
access the Site;
(b) if
the information and these Terms and Conditions do not satisfy
the laws of the User Country, then this Site is not intended
for your use and you are not entitled to rely on the information
contained on this Site or to order any products offered for
sale on this Site. If you do so, you agree to indemnify BlueScope
Steel Limited for any loss or damage which any one or more
of them may incur as a result.
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