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This web site and its contents ("Web Site") are
owned and operated by E-Steel Aust.. The use of this Web Site is governed
by the following terms and conditions, as amended from time to time (the
"Terms and Conditions").
By using this Web Site you acknowledge that you have read and understood
these Terms and Conditions and agree to be bound by them. If you do not
agree with these Terms and Conditions (including any amendments to them)
you should immediately cease using the Web Site. The Web Site may be updated
from time to time, including these Terms and Conditions. E-Steel encourages
you to check this document regularly. By continuing to use this Web Site
after these Terms and Conditions have been updated, you acknowledge that
you have read and understood the updated Terms and Conditions and agree
to be bound by them.
Intellectual property and restrictions on use of content
The Web Site and the materials on this Web Site are subject to copyright.
Unless otherwise indicated, the copyright is owned by E-Steel or a related
company, which reserve all rights. Except for the direct purpose of viewing,
printing, accessing or interacting with the Web Site for your own personal
use or as otherwise indicated on the Web Site or these Terms and Conditions,
you must not reproduce, modify, communicate to the public, adapt, transfer,
distribute or store any of the contents of the Web Site, or incorporate
any part of the Web Site into another web site without E-Steel’s
consent.
The Web Site also includes registered and unregistered trade marks, which
are owned by E-Steel or a related company. Except to the extent that it
is expressly indicated to the contrary, your access to or use of this
Web Site does not constitute or create a licence or any other right to
use the name, trade dress, trade marks, copyrights or any other intellectual
property which appears on the Web Site. E-Steel reserves the right to
revise the content of, amend links from or withdraw access to the Web
Site at any time without notice and without liability to you or any other
person.
Links to Third Party Sites and Third Party Advertisements
E-Steel assumes no responsibility and accepts no liability for the condition
or content of third party web sites which may be linked to or accessed
from the Web Site. Except as E-Steel may specifically direct otherwise,
E-Steel does not authorise the content of those third party web sites.
The Web Site may also contain third party advertisements which contain
embedded hyper-links to web sites operated by third parties. The placement
of third party advertisements on this Web Site does not necessarily constitute
the recommendation or endorsement of E-Steel for such goods or services.
The third party advertiser is solely responsible to you for any representations
or offers made by it, and for any goods or services which you agree to
purchase from those third parties.
Financial Information and advice
The information on this Web Site provides general information only and
is not intended as investment advice and must not be relied upon as such.
You should obtain independent professional advice and make further independent
enquires before making any investment decisions or taking any further
action based on the information contained on this Web Site. Without implying
any licence to do so, if you pass on any information contained in this
Web Site to any other person, you should pass on this disclaimer also
and draw it to their attention. E-Steel is not offering and must not be
construed as offering, any securities or other financial products under
or through this Web Site and this Web Site is not an invitation to you
to take up securities or other financial products. E-Steel does not provide,
and must not be construed as providing, recommendations in relation to
any securities or other financial products.
Software and other digital materials available for download
From time to time certain software and related digital materials may be
expressly made available by E-Steel for downloading from the Web Site.
Unless those software or materials are expressed to be pursuant to specific
conditions (in which case those conditions will apply), E-Steel grants
to you a personal, non-transferable, and non-exclusive licence to use
the relevant software or materials for your own private use, provided
that you do not copy, communicate to the public, modify, reverse engineer,
or otherwise transfer or purport to transfer any right in them, and provided
also that you ensure that all copies of such software and materials retain
any copyright or other intellectual property notices. Except as otherwise
provided for in the terms of any express licence agreement, E-Steel gives
no warranties (either express or implied) as to the completeness, accuracy
or reliability of such software or materials, and they are downloaded
and used by you entirely at your own risk.
Content and other information provided by you and others
Certain parts of the Web Site may allow you to post messages or otherwise
submit materials for publication on the Web Site. It is a condition of
your use of, and continued access to, the Web Site that you do not restrict
of inhibit any other user from using or enjoying the Web Site (or part
of it) and do not post any material which is obscene, offensive, pornographic,
defamatory, racist, discriminatory, in breach of third party rights (including
intellectual property rights) or otherwise in breach of the law.
E-Steel may monitor or review the contents of messages and materials posted
on the Web Site and reserves the right to edit, refuse to post, or remove
any message and materials from the Web Site as it sees fit and without
liability. However, E-Steel is under no obligation to perform these activities
and does not warrant that it will do so. The information and opinions
expressed by users of the Web Site are those of the relevant individuals
who post them, and E-Steel is not responsible for them.
You grant to E-Steel a non-exclusive perpetual royalty free licence to
copy, adapt, communicate to the public and otherwise use all or any part
of the materials, information, ideas, concepts, know-how or techniques
provided directly or indirectly by you through the Web Site or your use
of the Web Site (including without limitation information gained from
the fact that you have accessed the Web Site and information, goods or
services you have sought from the Web Site ("Information").
You warrant that you have the ability to grant such rights to E-Steel,
and agree to indemnify E-Steel if any third party takes action against
E-Steel in relation to Information you provide. All Information and other
materials received from you shall be deemed to be non-confidential.
Personal information
E-Steel may collect, use and disclose personal information about you obtained
by E-Steel from your use of the Web Site. E-Steel’s management of
this information is governed by the Privacy Policy.
Competitions and promotions
Certain parts of the Web Site may contain competitions or promotions from
E-Steel or third parties. The terms and conditions for those competitions
and promotions will be specified on the relevant part of the Web Site
from time to time. By entering or participating in the relevant competition
or promotion you agree to be bound by the relevant terms and conditions.
Notwithstanding any specific terms and conditions, E-Steel specifically
retains the rights, at any time and without notice, to remove, alter or
add to competitions or promotions on the Web Site without any liability
to you. All competitions and promotions are only open to persons located
in Australia who are over 18 years of age, and prizes will not be awarded
to people who do not meet this requirement at the time of entry.
Disclaimer and Limitation of Liability
The Web Site and its entire contents are provided on an "as is"
basis. E-Steel, related companies of E-Steel, and their directors, officers,
employees, agents and contractors give or make no representation or warranty
(either express or implied) as to the completeness, accuracy, reliability
or availability of the Web Site or its contents nor do they accept any
responsibility arising in any way (including from negligence) for errors
in, or omissions from, the contents of this Web Site. You should be aware
that information current to a particular time or date as placed on the
Web Site does not mean that more recent information of the relevant type
does not exist, or is not available through other means, or that circumstances
have not changed, such that the information does not reflect the state
of affairs at any subsequent time. Further, for various reasons, substantial
delays may occur before particular information on this Web Site is updated.
E-Steel, related companies of E-Steel, and their directors, officers,
employees, agents and contractors are not liable for any loss, damage,
claim, expense, cost (including legal costs) or liability arising from
your use or non use of the Web Site (including the downloading of any
materials or the purchase or attempted purchase of any products), or your
reliance upon information contained upon it (whether arising from E-Steel
or any other person’s negligence or otherwise). Where any Act of
Parliament implies any term, condition, representation or warranty into
the contents of this Web Site or your use of or access to the Web Site,
and that Act prohibits exclusion of that term, condition, representation
or warranty, then that term, condition, representation or warranty is
included. If so, and to the extent permitted by the Act, E-Steel’s
liability for any breach of such term, condition, representation or warranty
is limited to the supplying of the relevant good or services again, as
E-Steel may choose.
Indemnity
You agree to indemnify and keep indemnified E-Steel, related companies
of E-Steel and their directors, officers, employees, agents and contractors
in respect of any claim, liability, loss, damage, cost (including legal
cost) or expense which E-Steel, related companies of E-Steel and their
directors, officers, employees, agents and contractors may suffer or incur
as a direct or indirect result of your wilful or negligent act or omission
with respect to the Web Site (or any part of it) or your breach of these
Terms and Conditions.
Termination
E-Steel reserves the right to revise the content of, amend links from,
or withdraw access to the Web Site at any time without notice and liability
to you. Your membership of the Web Site, your ability to participate in
all or certain parts of the Web Site, or your ability to access the Web
Site may be terminated at any time without notice, and without any liability
to you. Any indemnities given by you and limitations on E-Steel’s
liability will survive such termination.
Miscellaneous
A right relating to these Terms and Conditions may only be waived by E-Steel
in writing. These Terms and Conditions are governed by and construed in
accordance with the laws of Victoria, Australia. By using the Web Site
you irrevocably and unconditionally submit to the non-exclusive jurisdiction
of the courts of Victoria. If any provision of these Terms and Conditions
are found to be invalid or unenforceable by a Court of Law, such invalidity
or unenforceability will not affect the remaining provisions, which will
continue in full force and effect. E-Steel’s failure to exercise
or enforce any rights or any provision of these Terms and Conditions will
not constitute a waiver of such right or provision unless acknowledged
and agreed to by E-Steel in writing.
©E-Steel P/L 2003
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