Website Terms & Conditions
Version 1.0 [ 07/2014 ]
Please read the following carefully as the provisions contained herein govern your access and use of our website at www.minmetals.com.au (“Website”).
1.1 The Website is owned and operated by Minmetals Australia Pty Ltd (ACN 006 868 033) or its successors and assigns (“Provider”, “us”, “we” or “our”).
(a) any persons viewing or otherwise accessing the Website; and
(b) any persons in any way supplying personal information (including name and email address) to the Provider through or in connection with the Website,
with both categories of persons referred to as “Users”, “you” or “your”).
1.3 By becoming a User, you hereby acknowledge and agree to be bound by these Terms. This version represents the most current version of these Terms.
2.1 In consideration of your becoming a User, you represent and warrant that:
(a) you are not a minor;
(b) you have the capacity to form a binding contract;
(c) you are not a person barred from accessing or using the Website under the governing laws of these Terms; and
(d) your access or use of the Website does not violate any applicable law or regulation.
3. DESCRIPTION OF THE WEBSITE
3.1 The Provider is primarily engaged in the procurement and supply of goods and services into the Australian market, including services relating to global procurement resources, processes, systems, market knowledge and volume-leveraged pricing.
3.2 The Website allows Users to browse through, search and view content published by the Provider in respect of products and services, projects, industry news and articles, contact and additional information of the Provider and various other content as published by the Provider from time to time (collectively referred to as “Content”).
3.3 Unless explicitly stated otherwise, any new, modified or updated Content published by the Provider through or in connection with the Website shall be subject to these Terms.
4. WEBSITE ACCESS AND USE
4.1 In accessing and using the Website, you expressly acknowledge and agree that:
(a) the Website is offered, supplied and provided on an “as-is” and “as available” basis, and the Provider assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalised settings;
(b) you understand that the Website may include software embodied therein now or in the future (“Software”) as well as security components that permit digital materials to be protected, and that your access of the Website may be subject to Software usage rules set by the Provider and/or its licensors. The Provider makes no warranty that any errors in the Software will be corrected;
(c) you are responsible for obtaining access to the Website and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees and in addition, you must provide and are responsible for all equipment necessary to access the Website;
(d) you may not:
(i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or data transmitted through the Website;
(ii) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
(iii) interfere with or disrupt the Website or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected thereof;
(iv) take any action that places an unusually large load on the infrastructure of the Website, or bandwidth connecting to the Website, or take any action that includes the use of any data accumulation, tool, robot or spider to compile, disseminate, extract, process, monitor or copy any web pages;
(v) intentionally or unintentionally violate any applicable local, state, national or international law; and
(vi) attempt to override or circumvent any of the usage rules embedded into the Software or those provided herein.
(e) any Content expressly permitted to be downloaded or otherwise obtained through the Website by these Terms is done at your own discretion and risk. You will solely be responsible for any damage to your computer system or loss of data that results from the download of the same.
5. WEBSITE CONTENT
5.1 In viewing the Content displayed on the Website, you expressly acknowledge and agree that:
(a) the Content is provided for guidance only and the Provider does not in any way guarantee the completeness of the information contained in any Content displayed on the website;
(b) no advice relating to the subject matter of any Content is understood to be given to you by the Provider and under no circumstances will the Provider be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available through or in connection with the Website;
(c) you are not permitted to rely on any Content for any decisions you may make in respect of your dealings and/or communications with the Provider and/or to use any Content as a basis for any cause of action in law or otherwise;
(d) the Content may be subject to change without notice and does not take into account your objectives, personal or commercial situation, requirements or needs, or any statutory obligations or requirements which may be required to be observed in your state or jurisdiction;
(e) to the fullest extent of the law, the Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranty of merchantability, fitness for a particular purpose or correspondence to particular descriptions in respect of any Content displayed on the Website; and
(f) no advice or information, whether oral or written, obtained by you from the Provider or through or from the Website shall create any warranty not expressly stated in these Terms.
6. DATA AND CONTENT INPUT
6.1 For the purposes of this clause, “User Content” means any and all data and materials you upload, post, email, transmit or otherwise make available through or in connection with the Website, including any contact information you supply to us.
6.2 You expressly acknowledge, agree and warrant that:
(a) you are solely and entirely responsible for your User Content;
(b) you shall not upload, post, email, transmit or otherwise make available through or in connection with the Website any User Content that:
(i) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, pornographic, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(iv) comprises unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(vi) purports to impersonate any other person or entity, including, but not limited to, any other User, the Provider’s official, employee, consultant, guide, host or any other representative, or falsely state or otherwise misrepresent your affiliation with any person or entity.
6.3 You also expressly acknowledge, agree and warrant that the Provider:
(a) shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is made available by you through or in connection with the Website; and
(b) may access, preserve, and disclose all User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce these Terms;
(iii) respond to your requests for customer service; and
(iv) protect the rights, property, or personal safety of the Website, other Users and/or the public.
6.4 You understand that the technical processing and transmission of all User Content submitted or posted by you may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
6.5 The Provider does not claim ownership of any User Content you submit or upload through or in connection with the Website. However, with respect to such User Content, you hereby agree that you shall grant the Provider the following worldwide, sub-licensable, perpetual, transferable, royalty free and non-exclusive licence (“Licence”) to use, distribute, reproduce, modify, adapt, publicly display the said User Content on the Website, in whole or in part, and to incorporate the data or material into any proprietary works of the Provider in any format or medium now known or later developed for any purposes, including for the purposes of:
(a) providing and promoting specific Website initiatives;
(b) compiling statistical references for improvement of the Website or for use with any other initiatives, including initiatives by the Provider, any affiliates or any third parties; and
(c) any other commercial or non-commercial ventures of the Provider or such affiliates or third parties.
7. EXCLUSION OF LIABILITY
7.1 You expressly understand and agree that the Provider, its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss or profits, goodwill, use, data or other intangible losses, even if the Provider has been advised of the possibility of such damages, resulting from:
(a) the accessing of, or the inability to access, the Website or the reliance, or the inability to rely, on the Content;
(b) unauthorised access to or alteration of any of your User Content by any third parties; and
(c) any other matter relating to the Website or Content displayed on the Website.
8.1 You agree to fully indemnify, defend and hold the Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your:
(a) access and use of the Website or any Content thereof;
(b) connection to the Website;
(c) violation of these Terms; or
(d) violation of any rights of another.
9. PROPRIETARY RIGHTS
9.1 All copyright on the Website or embodied in any Content displayed on the Website is owned by, or licensed by a licensor to, the Provider, and you are required to abide by all copyright notices contained on the Website.
9.2 Except to the extent otherwise specifically authorised in writing by the Provider, the licensor and/or the author or creator:
(a) you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, any or all Content, or create any derivative works thereof, and you may not use any of the Content in connection with any commercial endeavours, whether in whole or in part;
(b) you may only retrieve and display any Content on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) solely for your personal use; and
(c) you may not alter the text, graphics, images, audiovisual or any other materials contained on the Website or embodied in any Content.
9.3 Any unauthorised reproduction, publication, further distribution or public exhibition of the Website or all Content contained therein, in whole or in part, is strictly prohibited.
9.4 In addition, the Website domain name, the Provider’s name, logo, other names and logos of the Provider as may be created, produced or used from time to time (“Marks”) are trademarks or registered trademarks of the Provider or its affiliated companies. Without express and written prior permission, you agree not to display or use in any manner the Marks for any purpose whatsoever.
10. SPECIAL ADMONITION FOR INTERNATIONAL USE
10.1 The Website is provided for the benefit of, and is intended to be viewed exclusively by, Users within Australia only. If you are viewing the Website on a computer outside Australia, you expressly acknowledge, agree and warrant that:
(a) in choosing to access and use the Website outside Australia, you are solely responsible for complying with the laws applicable in your jurisdiction;
(b) the Provider shall not incur any liability to you whatsoever with respect to your access and use of the Website; and
(c) you shall indemnify the Provider against any and all liability the Provider may have in relation to any third party for any reason whatsoever arising out of your use of the Website.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
11.1 You expressly acknowledge and agree that:
(a) the Provider may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days and months that any User Content submitted by you will be retained by the Provider, the maximum amount of information that may be submitted by you and the maximum number of times and the maximum duration for which you may access any Content on the Website in a given period of time;
(b) the Provider has no responsibility or liability for the deletion or failure to store any descriptions, work, portfolio, profile, or other information or communication posted by you, or obtained or procured from or through the use of the Website; and
(c) the Provider reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO THE WEBSITE AND CONTENT
12.1 The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof, including the provision of any Content, with or without notice to you.
12.2 You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website or any part thereof and/or the addition, removal, modification or revision of any Content displayed on the Website or any part thereof.
13. MODIFICATIONS TO THESE TERMS
13.1 The Provider reserves the right to make any amendments to these Terms at any time in its sole and absolute discretion, with or without notice to you. The most current version of these Terms as posted on this page shall supersede all previous versions.
13.2 It is your responsibility to check regularly to determine whether a new version of these Terms has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of these Terms, then you must immediately stop using the Website.
13.3 You agree that the Provider shall not be liable to you or to any third party for any such modification or amendments to these Terms. Your continued use of the Website after such modifications or amendments shall constitute an acceptance of your agreement to be bound by these Terms, as amended.
14. SUSPENSION AND TERMINATION
14.1 The Provider may, under certain circumstances and without prior notice, suspend or immediately terminate your access to the Website and remove any associated User Content, including any profiles, works, information or contact details thereof.
14.2 Cause for such suspension or termination shall include, but not be limited to:
(b) requests by law enforcement or other government agencies;
(c) discontinuance of the Website (or any part thereof); and
(d) unexpected technical or security issues or problems.
14.3 You agree that all such suspensions or terminations shall be made at the Provider’s sole discretion and that the Provider shall not be liable to you or any third party for any such suspension or termination.
15. OFF SITE LINKS
15.1 In order to offer increased value to our Users, the Website may provide, or third parties may provide, links to other websites or resources, which you may access at your sole discretion. Such off site links may include web links of advertisers or other entities or organisations who may be desirous of promoting their services or products to you.
15.2 The Provider has no control over such websites and resources. In this respect, you acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources.
15.3 You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
16. EMAIL POLICY
16.1 We will not respond unless required to do so by law to any email sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
16.2 We will not disclose any personal information under any circumstances of any staff, employee, contractor or worker of the Provider and/or the Provider’s associates.
16.3 Where appropriate, we will endeavour to respond to all emails within 3 business days of receipt, but we cannot and do not guarantee to respond to any emails.
16.4 All emails will generally be stored for 6 months after which time they will automatically be deleted. Any email sent to the incorrect destination is liable to be deleted immediately.
18. NO THIRD PARTY BENEFICIARIES
18.1 You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms, and that you may not assign your profile or registration to any other persons.
20. GOVERNING LAW
20.1 These Terms and any obligations arising out of or in relation to these Terms shall be governed by and construed in accordance with the laws of Victoria.
21.1 You understand, agree and acknowledge that the courts of Victoria are to have exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with these Terms and for such purposes irrevocably submit to the jurisdiction of the aforesaid courts.
22. ENTIRE AGREEMENT
22.1 These Terms constitute the entire agreement between you and the Provider and govern your access and use of, or purchase through or in connection with, the Website, superseding any prior agreements between you and the Provider.
22.2 You also may be subject to additional terms and conditions that may apply when you agree to use the products or services of the Provider or any other affiliated services, third-party content or third-party software.
23. WAIVER AND SEVERABILITY OF TERMS
23.1 The failure of the Provider to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
23.2 If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
24. VIOLATIONS AND INFRINGEMENTS
24.1 Any violations or infringement of these Terms by any third parties that is made known to you or that you are aware of should promptly be reported by you by emailing the Provider at firstname.lastname@example.org .