Welcome to the ENDUROFRAME® web sites (“Web Sites”). The Web Sites are owned and operated by BlueScope Steel Limited, ABN 16 000 011 058 (“we” or “us” or “our”).
2 Web Site Content
(a) The Web Sites contain content (such as product information, instructional sheets and videos and design tools) developed by us or third parties. The content is intended and provided for general reference purposes only.
(b) While we endeavor to provide content that is accurate and up to date, we do not guarantee that the content on the Web Sites is at all times accurate, up to date or complete.
(c) We or our representatives may change any content on the Web Sites at any time without notice to you.
(d) The inclusion of information or content on the Web Sites about any third party (or their services/products) should not be taken to imply that we endorse, sponsor or approve of any such third party (or their services/products).
(e) We may receive fees or commissions (or both) from third parties in relation to some of the content, products or services which we advertise, promote or make available on the Web Sites. You acknowledge and consent to us receiving those fees and commissions.
3 Training Materials
Without limiting clause 2 above, to the extent that you access or use Training Materials on or via the Web Site you acknowledge and agree that:
(a) we retain complete discretion regarding the type of Training Materials which will be made available, the format in which such Training Materials will be made available and the content of the Training Materials (including the topics the Training Materials will cover);
(b) we may at any time vary, modify or remove any Training Materials;
(c) the Training Materials can only be used by you for your internal business purposes (or where applicable for the internal business purposes of the business/company you are an employee or other authorised representative of);
(d) you will, prior to viewing videos and other animated graphics forming part of the Training Materials, take precautions to satisfy yourself that they will not trigger any medical condition which you suffer from (such as epilepsy);
(e) we are not required to provide any training, support or other assistance to you in relation to the Training Materials;
(f) the Training Materials are provided for general information purposes only and accessing or using the Training Materials or participating in any online courses or other programs that utilise the Training Materials will not necessarily result in you obtaining any particular skills, expertise, qualification or certification; and
(g) we will not have obligations to store or make available to you any information or data regarding your access to or use of the Training Materials.
4 Usage rules
(a) You must use the Web Sites in a responsible manner, and in compliance with all relevant laws, regulations, standards or codes.
(b) Unless expressly stated otherwise on the Web Sites, you may download and print the content on the Web Sites for your own use for reference purposes. You may also use the Web Sites as a general information source for your individual customer’s purposes, in so far as it relates to providing them with general information about use, features, benefits and installation of frames made from TRUECORE® steel.
(c) You must not, without our prior written consent:
i store, publish, distribute, communicate to the public, adapt, reverse engineer or decompile any of the content on the Web Sites;
ii incorporate any of the content on the Web Sites with any other material, including advertising or promotional material;
iii create HTTP links from the Web Sites to any other web site on the Internet, or frame or mirror the Web Sites;
iv transmit to or via the Web Sites any information or material which infringes a third party’s rights (including intellectual property rights), or which is obscene, indecent, inflammatory, pornographic, defamatory, illegal, misleading or deceptive;
v use the Web Sites or any facilities available on the Web Sites to defame, harass, threaten, menace or offend any person;
vi tamper with, hinder the operation of, or make unauthorised modifications to the Web Sites or any content on the Web Sites;
vii knowingly transmit any virus, worm, trojan horse or other disabling feature to or via the Web Sites;
viii use the Web Sites to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);
ix use another person’s name, username or password on the Web Sites or to access any content on the Web Sites;
xi attempt to do, or permit another person to do, any of the above acts.
5 Operation of the Web Sites
(a) We will use reasonable efforts to make sure that you can access and use the Web Sites at all times. However, despite our efforts, you may experience interruptions, delays, errors or faults in your use of and access to the Web Sites. We will not be responsible to you or anyone else if these things occur.
(b) When you are using the Web Sites, we may require you to re-authenticate yourself from time to time – for example, if there has been a period of inactivity on the connection between your internet browser and our servers. We will not be responsible for any information you may lose if your access to the Web Sites is suspended or terminated in these circumstances.
(c) To enable you to access certain content on the Web Sites (for example the Training Materials), we may provide you with a username, password or some other type of identifier, now or in the future. You agree that you are responsible keeping such identifiers secret and that you will responsible for the conduct of any person who uses your identifiers, whether or not you have authorised that use.
6 Linked Sites
(a) The Web Sites may contain links to other web sites which are not maintained or controlled by us. These links are provided by us solely for your convenience. We do not accept any responsibility for the content on a linked site.
(b) The presence of links on the Web Sites should not be taken to imply that we endorse, sponsor or approve of any linked site, or any content, products or services available from that linked site, or that we are affiliated or associated with the owner or operator of any linked site.
7 Our liability to you
(a) You use the Web Sites at your own risk. To the maximum extent permitted by law, everything on the Web Sites, or obtained by use of or access to the Web Sites, is provided “as is” without any warranty of any kind.
(b) Neither we nor our related companies accept liability for any loss or damage you suffer as a result of using, relying on or accessing the Web Sites or any content available on or from those Web Sites, except to the extent that we are required to do so by law.
(c) In particular, except to the extent required by law, we and our related companies do not accept, and specifically exclude, liability for any business losses, or losses of data or profits, or any other direct, indirect or consequential loss or damage, which you may suffer in connection with our supply, non-supply or defective supply of the Web Sites or any content available on or from those Web Sites.
(d) To the full extent permitted by law and except as otherwise provided herein, we exclude all terms, conditions, warranties or representations whether express or implied.
(e) In relation to the Training Materials, you acknowledge that we do not provide any representations or warranties that:
i. the Training Materials will be complete, accurate, up to date or error free;
ii. the Training Materials are suitable for your purpose or relevant to you; or
iii. the Training Materials will help you achieve any particular outcome or result or result in you obtaining any particular level of skill, knowledge or qualification.
8 Your liability to us
(a) You agree to indemnify us and our related companies from and against any loss, damage, costs or expenses suffered by any of us arising out of or in any way connected to the use of the Web Sites and/or the content on the Web Sites by you or someone using your name and password.
9 Termination and suspension
10 Trade marks, copyright and other intellectual property
(a) All materials and content on the Web Sites, including but not limited to any and all trade marks, service marks, designs, products, software, images, sound recordings, video recordings, content downloads, streaming audio, streaming video, and other audio visual materials, are the property of, or used under licence by, us and are subject to copyright and other intellectual property protection.. Brands, logos, images and tag-lines are registered or unregistered trade marks owned or used under licence by us.
(c) Importantly, you must not use or apply any of our trade marks without our consent. Our trade marks include our name, our logos, our slogans and the names of our competitions, including but not limited to BLUESCOPE® and TRUECORE®.
12 General matters
(d) In order to use the Web Sites, it is your responsibility to procure access to the Internet, to pay any costs associated with that access and to acquire any hardware and/or software necessary to facilitate the services.