Hunter Valley Coal Chain Terms and Conditions of Use
Website User Agreement
Overview
This page contains the User Agreement which sets out the terms end conditions for your use of the Hunter Valley Coal Chain Logistics Team (HVCCLT) website. Your use of this website constitutes your agreement to these terms and conditions and entry by you into the User Agreement between you and HVCCLT.
Terms of use of this website
1. Your rights
HVCCLT grants you a non-exclusive, non-transferable, limited right to access, use and display this website provided that you comply fully with this User Agreement.
2. Lawful use
You must not use this website or the information on this website in any manner or for any purpose which is unlawful or in any manner which violates any right of HVCCLT, its Associates or any other party.
3. Password
Your access to this website may be restricted by a password. If access is restricted by a password, you must take care to keep your password confidential and not disclose it to anyone. You could be liable to pay compensation if an unauthorised person gains access to this website as a result of your failure to keep your password confidential.
4. Privacy
All information collected by HVCCLT on this website will be dealt with in accordance with the Privacy & Confidentiality Policy of HVCCLT.5. Information transmitted to website
You must not post or transmit via this website any incorrect, misleading, deceptive, obscene, inflammatory, defamatory or illegal material that could give rise to civil or criminal proceedings against HVCCLT or any of its Associates.
6. Tampering with website
You must not tamper with, hinder the operation of or make unauthorized modifications to this website or knowingly transmit any virus or disabling feature to this website.
7. Viruses
You must take precautions to ensure that you are not exposed to any virus, malicious code, disabling feature or other form of interference in connection with your use of this website. To the maximum extent permitted by law, HVCCLT and each of its Associates disclaim all liability arising from any form of virus, malicious code, disabling feature or interference which arises in connection with your use of this website.
8. Cookies and IP address
This website may use cookies to store information on your local computer. Internet cookies are small strings of text placed on a users local hard drive during the data exchange when a browser points to a website. Your use of this website will determine the amount and type of information that we collect about you. These cookies are not used for the purpose of collecting personal information but to improve your viewing pleasure. Cookies allow a website to store information on a user’s machine and later retrieve it and facilitate customized searching on the website.
The IP address of all posts is recorded by the website administrator. You agree that the webmaster and administrators of this website have the right to record the IP address of all posts and use and record cookies from your local computer.9. Information disclosed on website
As a user you agree:
(a) to any information you have entered onto this website being stored by HVCCLT in electronic or hard copy form (or both) in either lockable storerooms or, in the case of electronic information, by password protection in a database;
(b) to any information you have entered onto this website being used and disclosed in accordance with the Privacy & Confidentiality Policy of HVCCLT; and
(c) that HVCCLT and each of its Associates have a royalty free licence to use and apply and disclose any information you have entered onto this website for the purpose for which it was disclosed to HVCCLT being to facilitate the performance by HVCCLT of our business activities.
Your use of this website will determine the amount and type of information that we collect about you.
While this information will not be disclosed to any third party except in accordance with the Privacy & Confidentiality Policy of HVCCLT, the webmaster, administrator and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised.10. Email Address
HVCCLT may maintain your email address together with other business contact details on its database.
HVCCLT may use your email address to provide you with information in relation to weekly coal chain capacity forecasts, major maintenance events, performance reports, newsletters and conference papers. Your e-mail address may also be used for confirming your registration details and password (and for sending new passwords should you forget your current one).
If you wish to discontinue email communication with HVCCLT, please immediately advise us by contacting the Webmaster by email at peta.pavitt@hvcclt.com.au and placing REMOVE In the Subject Line. Until we receive an email from you instructing otherwise, we will assume that you wish to continue receiving regular email communications from HVCCLT.
11. Availability
HVCCLT does not guarantee this website will be available at all times.
12. Confidentiality Obligation
This clause 12 governs your use of Confidential Information belonging to HVCCLT and other parties made available to you through this website. You:
(a) may only use the Confidential Information for the Express Purpose;
(b) may only disclose the Confidential Information to such of your Associates who need to know the Confidential Information for the Express Purpose, subject to the obligations of confidentiality in this clause 12 applying to such disclosure;
(c) agree not to disclose, or cause or permit the disclosure of the Confidential Information except as permitted under this clause 12;
(d) may only create, or cause or permited to be created, a Document which reproduces, is based on, utilises or relates to the Confidential Information if that creationis soley for the Express Purporse;
(e) must not commercialise, deal with, copy, reverse engineer or do anything to diminish or destroy the commercial value of the Confidential Information; and
(f) acknowledge that as between you and HVCCLT, all right, title and interest in the Confidential Information vests in HVCCLT.
The foregoing obligations of confidentiality, non-use and non-disclosure continue without limitation in time but do not apply to you in respect of any Confidential Information which:
(g) prior to the time when it was first disclosed to you or otherwise came into your possession, was known to and reduced to writing by you;
(h) is in the public domain other than as a result of a breach of these terms and conditions on the part of you. You acknowledges that information will not be taken to be available in the public domain in Australia solely by virtue of the fact that it may be embraced by more general information that is available in the public domain or is disclosed to other parties through the website;
(i) is hereafter received by you from a third party (other than from an Associate of HVCCLT) who is not under any obligation of confidence in respect of that information and who has the lawful right to disclose such information to you; or
(j) you are required to disclose by any applicable law or legally binding order of any court, government, semi-government authority, administrative or judicial body, or a requirement of a stock exchange or regulator.13. Intellectual property
The materials displayed on this website are protected by copyright, trademark and other intellectual property laws.
You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way except as expressly authorised by HVCCLT or in accordance with the terms of this website.
You may view this website using your web browser and save an electronic copy or print out parts of this website solely for your own information but only if you keep all content intact and in the same form as presented on this website.
14. Disclaimer and limitation of liability
The information contained on this website is provided by HVCCLT in good faith. The information is derived from sources believed to be accurate and current as at the date indicated in the respective sections of this website.
Notwithstanding, the inclusion of any information on this website does not imply any endorsement of the accurateness of the information by HVCCLT or any of its Associates. Neither HVCCLT nor any of its Associates warrant, guarantee or make any representations regarding the currency, reliability, accuracy, useability or completeness of the information contained on this website nor of the information contained in any website linked to this website.
Any responsibility of HVVCLT or any of its Associates arising in any way for errors in, or omissions from your use of this website or information provided on this website or on a website linked to this website is excluded to the maximum extent possible by law. Neither HVCCLT nor any of its Associates is liable to any person in respect of any loss or damage (including consequential loss) which may arise in respect of information provided on this website, on a website linked to this website, in connection with your use of this website or otherwise.
Your use of the information provided on this website is entirely at your own risk.
15. Indemnity
You agree to indemnify and keep indemnified HVCCLT and each of its Associates in respect of any Claim or Loss suffered or Incurred by HVCCLT or any of its Associates caused by, arising out of any way or in connection with any breach or non-performance of your obligations contained in this user Agreement. Your liability under this indemnity will be reduced to the extent that the Loss or Claim was caused by a wilful or negligent act or omission of HVCCLT or any of its Associates.
16. Links to other websites
Links within this website are provided for your own information. Neither HVCCLT nor any of its Associates endorse and have not necessarily verified any of the information available through the use of any link found within this website.
17. Security
This website uses encryption for secure transmission of information over the internet. As there are risks associated with transmitting information across the internet, neither HVCCLT nor any of its Associates is responsible for the privacy or security or any information transmitted across the internet.
18. Errors on this website
HVCCLT has the right to correct any errors or omissions and change any portion of this website without notice and may, in its absolute discretion and without notification, remove any material from this website at any time.
19. Termination
HVCCLT may cancel this User Agreement at any time and reserves the right to restrict, suspend or terminate your access to this website in whole or part and without notice or reason.
20. Legal Action
HVCCLT reserves all rights to take such action as it in its sole discretion deems necessary to enforce obligations binding under this User Agreement. This User Agreement is governed by the laws of New South Wales.
21. Amendments to User Agreement and Privacy & Confidentiality Policy
HVCCLT may unilaterally vary this User Agreement or the Privacy & Confidentiality Policy from time to time by publishing the varied User Agreement or Privacy & Confidentiality Policy on this website. You accept that HVCCLT has the right to do this without further notice.
22. Definitions
For the purposes of this User Agreement;
“Associate” includes each joint venture participant in HVCCLT under the HVCCLT memorandum of understanding dated 5 July 2004, each person or entity who becomes a party to the HVCCLT memorandum of understanding dated 5 July 2004 and each Related Bodies Corporate and Representative of each of those entities.
“Confidential Information” means information which is either owned by or in the possession or control of HVCCLT and which from time to time is disclosed to you or which otherwise comes into your possession or control pursuant to or as a consequence of the Express Purpose. This includes any embodiments, expressions, derivatives, modifications, developments and enhancements of the Confidential Information.
“Claim” means any claim, action, demand or proceeding under, arising out of, or in connection with this Agreement or otherwise at law or in equity including by statute, in tort including for negligence or for restitution.
“Document” includes any note, memorandum, record, report, financial information, summary, analysis, calculation, strategic assessment, market survey, business plan, computer program, computer record, circuit, circuit layout, drawing, specification, material or any other means by which information may be stored or reproduced.
“Express Purpose” means the purpose as to why the Confidential Information is to be disclosed to you, being the provision of logistics services by HVCCLT.
“Loss” means any loss, expense, cost, damage or liability, present or future, fixed or ascertained, actual or contingent including but not limited to all legal costs (on a solicitor and own client or full indemnity basis, whichever is the greater) and other expenses incurred by the Company in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal).
“Related Bodies Corporate” means a Related Bodies Corporate or an Associate within the meaning given in the Corporations Act 2001 (Cth).
“Representative” means an employee, agent, officer, director, adviser, partner, contractor or subcontractor of a party.
If you have any questions or comments in respect of this, please contact our HVCCLT or look at our Privacy & Confidentiality Policy.