Website terms of use
Your access to and use of this website, including without limitation all services, information, text, graphics, links or other items or materials provided or contained herein (the “Site”) is subject to the following Terms of Use (the “Terms of Use”) and the applicable law.
By accessing and using the Site and any web page hereof, you unconditionally agree to be bound by these Terms of Use in their entirety and to follow these Terms of Use and all applicable laws and regulations governing the Site. If you do not accept these Terms of Use, please immediately discontinue your access to this Site and the web pages hereof.
The Site is controlled and maintained in Australia by Coal Services Pty Limited (“Coal Services”), and Coal Services makes no representation that the material and information contained herein is appropriate or available for use in other locations/jurisdictions. Where third parties supply content published on the Site, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith, but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) or the use of such content.
The Site is for your personal use. Unless otherwise specified, all information and materials on the Site are presented to provide general information regarding Coal Services. The material available on this website may be restricted by law in certain jurisdictions. It is your responsibility to find out what those restrictions are and observe them.
Coal Services may modify or revise these Terms of Use by posting such modifications or revisions on this Site from time to time without prior notice. Your continued use of this Site thereafter constitutes acceptance of all the prevailing Terms of Use as modified from time to time.
Intellectual property
You acknowledge and agree that all works and other subject matter contained in this Site, including but not limited to text, software, music, sound, photographs, illustrations, graphics, videos, or other material contained in or presented to you on this Site, as well as their selection and arrangement (“Materials”), are protected by our or other third parties’ copyrights, trademarks, service marks, patents or other proprietary rights and laws. Coal Services only authorises you to view and download Materials at this Site in the course of your accessing the same for your personal, non-commercial purposes. In particular, but without limitation, you may not modify the Materials on this Site in any way or reproduce or publicly display, publish, perform, distribute, “deep-link”, transmit, create adaptations or derivative works thereof, incorporate the same in any database, compilation, archive or cache, distribute the same to others, whether or not for payment or other consideration. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user’s experience and not engage in any data mining, data gathering or extraction. Any use of these materials on any other website (including without limitation, displaying this Site or any material displayed on or that can be downloaded from this Site in frames on another website without Coal Services’ express written permission) is prohibited. Without prejudice to the generality of the foregoing, all names, logos and marks on the Site are the property of or duly licensed to Coal Services, and any modification, download, reproduction or use is strictly prohibited. Nothing contained in this Site should be construed as granting any licence or right of use of any trademarks displayed on the Site without prior written permission of the relevant owner or third party owner.
Transmission of information
You agree to provide true, accurate, current and complete information if and when you elect to provide such information that may be requested on the Site. You also agree to maintain and promptly update any such information to keep it accurate. In particular, but without limitation, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead.
Responsible and acceptable use
You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Site by any third party. You agree not to not to engage in conduct through your use of the Site which is unlawful, or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or, cause disruption to the Site.
You must not introduce trojans, viruses or any other material that is malicious or technologically harmful to the Site. You agree not to try and gain unauthorised access to the Site, the server on which it is stored, or any server, computer or database connected to it.
Coal Services has the right to report unlawful behaviour to relevant law enforcement authorities and to assist with investigations conducted by authorities.
Disclaimer
You expressly agree that use of the site is at your sole risk and is provided on an “as is” and “as available” basis. Coal Services assumes no responsibility for any errors or omissions.
To the maximum extent permitted under law, Coal Services and its affiliates and subsidiaries and their successors and assigns (collectively, “affiliates”) and any officer, director, employee, subcontractor, agent (collectively, “agents”) respectively thereof expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose and/or non-infringement. Coal Services and its affiliates and agents make no warranty, express or implied, that the site or any services, products, or information obtained on or through the site will meet your requirements or will be uninterrupted, timely, secure, virus-free or error free, nor does Coal Services or its affiliates or agents make any warranty, express or implied, as to the results that may be obtained from the use of this site or any services, products or information obtained on or through the site or as to the accuracy, completeness or reliability thereof. Coal Services does not undertake and is not obliged to update or correct any information that appears on the site or any website linked hereunder.
You understand and agree that any material and/or information downloaded or otherwise obtained through the use of or from the site is at your own discretion and risk and that you will be solely responsible for your use or non-use of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. No advice or information, whether oral or written, obtained by you from Coal Services or through or from any service or product on the site shall create any warranty not expressly stated herein. All implied warranties are excluded.
Some of the material or information contained in the site comprises syndicated content, facts, views, opinions, statements and/or recommendations provided by third party individuals and organisations. These do not necessarily represent the views of Coal Services and Coal Services does not represent or endorse the accuracy, currentness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the site. Any reliance upon any such opinion, advice, statement or information is at your sole risk. Coal Services will not be liable for any loss, damages or injury of any kind arising from your use of or reliance on such content.
Limitation/exclusion of liability
To the maximum extent permitted under law, Coal Services and its affiliates and agents shall not be liable for any direct, indirect, incidental, special, statutory, consequential and/or punitive damages, resulting from or in connection with the use or the inability to use the site or any services, products or information obtained on or through the site, even if Coal Services or its affiliates or agents have been advised of the possibility of such damages, including, without limitation, damages from: personal injury; downloading any material contained on or accessed through the site; linking to any third party site from the site; any unauthorised access to any information on the site and/or submitted by you to or through the site; cost of procurement of substitute goods or services; messages received through or from the site; and/or loss of profits, use, data or other losses.
You further agree that to the maximum extent permitted under law, Coal Services and its affiliates and agents shall not be liable for any damages arising from interruption, suspension or termination of the site, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
Limitation/exclusions of liability herein shall also apply to other sites which may be linked to the site.
You acknowledge that the limitations and exclusions of liability set out in these Terms of Use represent a fair and reasonable allocation of the risks and benefits of the agreement between you and Coal Services, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the said risks. You further agree that these limitations and exclusions shall be enforceable to the fullest extent permitted by applicable law.
In certain cases, the applicable law does not allow limitation or exclusion of liability and therefore the above limitation may not apply to you. However, Coal Services’ total liability to you, in respect of all information, representations and warranties contained in this site, shall in no event exceed the total amount paid by you to access the site.
Indemnity
You will indemnify and hold harmless Coal Services, its Affiliates and Agents against any and all actions, liability, claims, loss, damage, proceedings, expenses (including legal fees, costs and expenses on a full indemnity basis), judgments, settlements, penalties, suffered or incurred in connection with claims due to, resulting from or arising in connection with, whether directly or indirectly, your use of the Site, your connection to the Site, your breach of these Terms of Use or any law, regulation or third party rights in connection with your use of this Site or the information and materials hereon, your breach of any rights of another party, and/or any infringement, misappropriation or violation by you of any copyrights, trade mark or other rights of Coal Services or any third party. This indemnity survives termination of these Terms of Use.
If any provision of the Terms of Use is determined to be invalid, void or unenforceable, the parties agree that the remaining provisions will not be affected, and that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that the remaining Terms of Use for the Site will in any event remain valid and enforceable. In cases where the applicable law does not allow the restriction, limitation or exclusion of liability, Coal Services’ total liability to you, in respect of all information, representations and warranties contained in the Site, shall in no event exceed the total amount paid by you to access the Site.
Hyperlinks
The Site provides links to other websites or resources for your convenience only and those websites and resources are not under Coal Services’ control. Use and access of these websites or resources are at your own risk. You acknowledge and agree that Coal Services is not responsible for the availability, reliability or accuracy of such sites or resources, and Coal Services does not endorse the same, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available there from. You agree that Coal Services 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 your use of or reliance on any such content, goods or services available on such sites or resources.
Governing Law
These Terms of Use are governed by laws of Australia and you hereby submit to the nonexclusive jurisdiction of the courts of Australia. No person or entity which is not a party to this agreement shall have any rights pursuant to any law or regulation to enforce any of the terms of this Agreement, save for our licensors, suppliers, vendors, Affiliates and Agents who may each do so severally and in its own right.
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