As a user of the NeoSmelt website ('www.neosmelt.au'), you are bound by the following terms and conditions, which include the NeoSmelt Privacy Policy. Accordingly, you should review them in relation to all or part(s) of the website.
Licence
By allowing you to access the website, the NeoSmelt Joint Venture grants you a non-exclusive licence to:
- view the material in the website;
- access material contained in the website; and
- use the website strictly in accordance with the provisions of this licence.
If you wish to download and use any material contained in the website for a temporary purpose (such as viewing offline), you may do so. However, downloading material contained in the website for reproduction by you may only be done upon receipt of prior written consent from the NeoSmelt Manager, which may be subject to conditions including the payment of any fee required by the NeoSmelt Joint Venture to be paid by you for that use.
Your obligations
You must:
- not do any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights or individuals;
- not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of the NeoSmelt Joint Venture (acting through the NeoSmelt Manager) except as expressly authorised by this licence;
- ensure your employees, subcontractors and other agents (if any) who have authorised access to the website are made aware of the terms and conditions of this licence;
- not provide or otherwise make available any material in the website in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of the NeoSmelt Joint Venture (acting through the NeoSmelt Manager);
- not use the website to defame or libel any of the NeoSmelt Joint Venture Participants, the NeoSmelt Manager, any of their respective related bodies corporate or employees or other individuals; or
- not use the material in the website for, or in connection with, a service bureau operation.
If the NeoSmelt Joint Venture (acting through the NeoSmelt Manager) allows you to post any information to the website, it has the right to take down this information at its sole discretion and without notice.
Disclaimer
The information on the website, including imagery, videos, podcasts, transcripts, information sheets and all other resources which can be found on the website, is not comprehensive and is intended to provide a summary of the subject matter covered. While the NeoSmelt Joint Venture uses all reasonable attempts to ensure the accuracy and completeness of the NeoSmelt Joint Venture information on the website, to the extent permitted by law, including the Australian Consumer Law, the NeoSmelt Joint Venture does not warrant that the material in the website is accurate, complete or up to date.
The NeoSmelt Joint Venture has not independently verified industry, market and other data from industry publications and studies conducted by third parties that may be included on the website. Accordingly, undue reliance should not be placed on any of the industry, market and other third party data contained on this website.
The NeoSmelt Joint Venture reserves the right to change, add or remove any material in or from the website without notice.
The existence of inaccurate, incomplete or superseded material in the website will not cause the NeoSmelt Joint Venture to be in breach of the terms of this licence. The NeoSmelt Joint Venture does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components. The NeoSmelt Joint Venture is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the website or a linked website. You must take your own precautions to ensure that whatever you select for your use from the website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this licence, which cannot be lawfully excluded, such terms will apply to this licence, save that the liability of the NeoSmelt Joint Venture for breach of any such implied term will be limited, at the option of the NeoSmelt Joint Venture, to any one or more of the following:
- replace the relevant goods or services to which the breach relates or supply equivalent goods or services;
- repair such goods or services;
- arrange for payment of the cost of replacing the goods or services or of acquiring equivalent goods or services; and
- arrangement for payment of the cost of having the goods repaired or the services performed again.
The NeoSmelt Joint Venture will not be liable for any indirect or consequential losses arising out of a breach of this licence, or arising out of the supply of a defective program or incorrect materials.
Materials found on the website are for your information and interest only. When deciding to visit the website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by the NeoSmelt Joint Venture which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by the NeoSmelt Joint Venture (which material may be out of date or superseded).
Emissions data
Any greenhouse gas emissions data on this website are estimates, due to the inherent uncertainty and limitations in measuring or quantifying greenhouse gas emissions. Further, methodologies for measuring or quantifying greenhouse gas emissions may evolve as best practices continue to develop and data quality and quantity continue to improve.
There may be differences in the way third parties calculate or report greenhouse gas emissions compared to the NeoSmelt Manager or other members of the NeoSmelt Joint Venture, which means third party data may not be comparable to data from the NeoSmelt Manager or other members of the NeoSmelt Joint Venture.
Intellectual property rights
You acknowledge that the material in the website is the subject of Intellectual Property and other legal rights (including third-party rights). The NeoSmelt Joint Venture owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the website any in all of the material (including all test graphics, logos, audio and software) made available on the website (Content).
Your use of the website and use of an access to any Content does not grant or transfer any rights, title or interest to you in relation to the website or the Content. You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the Content on the website or use it for personal or commercial purposes unless you have the NeoSmelt Manager’s written approval, or as otherwise expressly authorised by this licence.
Indemnity
You must indemnify and keep the NeoSmelt Joint Venturers, the NeoSmelt Manager and their respective related bodies corporate indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which any of them may suffer incur to a third party or you as a result of your breach of the provisions of this licence.
This website may contain hyperlinks to other websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. You accept that the NeoSmelt Joint Venture has no control over, and is not responsible for, the accuracy or completeness of any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party's website. Users are prohibited from placing a link to the website without the prior written consent of the NeoSmelt Joint Venture (acting through the NeoSmelt Manager) and on terms satisfactory to the NeoSmelt Joint Venture.
Disclaimer
You accept that the NeoSmelt Joint Venture takes no responsibility for any error or omission relating to the Content and other materials contained in the website.
You accept that the NeoSmelt Joint Venture makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that the NeoSmelt Joint Venture will not be held liable for any lapse in the website's accessibility, or any consequences whatsoever that flow from the unavailability of the website.
The NeoSmelt Joint Venture (acting through the NeoSmelt Manager) reserves the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of the website at any time without notice and the NeoSmelt Joint Venture nor the NeoSmelt Manager will be responsible for any loss, cost, damage or liability that may arise as a result.
Terms of licence
This licence commences upon your accessing the website and is granted in perpetuity. However, the licence may be terminated without notice by the NeoSmelt Joint Venture (acting through the NeoSmelt Manager) if you are in breach of any terms of this licence.
Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the website that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by the NeoSmelt Joint Venture (acting through the NeoSmelt Manager).
Termination pursuant to this clause shall not affect any rights or remedies, which the NeoSmelt Joint Venture may otherwise have under this licence or at law.
Amendments to this licence
These are the current terms and conditions of the licence.
The NeoSmelt Joint Venture may at any time vary and amend the terms and conditions of this licence by publishing the varied Terms and Conditions of Use on the website. You accept that by doing this, the NeoSmelt Joint Venture has provided you with sufficient notice of the variation and amendment.
It is your responsibility to familiarise yourself with the current terms and conditions each time you visit the website.
Waiver
Failure or neglect by the NeoSmelt Joint Venture to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of the NeoSmelt Joint Venture under this licence.
Jurisdiction
This licence shall be governed by and construed according to the laws of the state of Victoria, Australia.
Definitions
'NeoSmelt Joint Venture’ means the NeoSmelt unincorporated joint venture comprising the NeoSmelt Joint Venturers.
‘NeoSmelt Joint Venturers’ means each of BlueScope FT Holdings Pty Ltd, BHP Group Operations Pty Ltd, Hamersley Iron Pty. Limited, Woodside Energy Ltd and Mitsui Iron Ore Development Pty Ltd.
‘NeoSmelt Manager’ means BlueScope Future Technologies Pty Ltd, which acts as the manager of the NeoSmelt Joint Venture on behalf of the NeoSmelt Joint Venturers and which has the express authority to exercise the NeoSmelt Joint Venture’s rights under these terms and conditions as agent of the NeoSmelt Joint Venturers.
'Hyperlink' means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.
'Intellectual Property' means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the NeoSmelt website.
‘Related Body Corporate’ means a related body corporate as defined in the Corporations Act 2001 (Cth).
