Website Terms of Use

Website Terms of Use

for iTrade Steel

General

About these Terms
  1. iTrade Steel Pty Limited ACN 667 908 670 and its related bodies corporate (we, our or us) own and operate the website https://www.itradesteel.com.au including all the materials displayed on that website (Website).
  2. These Website Terms of Use (Terms) govern:
    • your access to and use of the Website;
    • the content in the Website (including but not limited to information, materials, graphic images, audio, video, html code, buttons, text and articles) (Content).
  3. References to you and your in these Terms refer to users of the Website or any Content.
Changes to these Terms
  1. We may amend these Terms from time to time at our sole discretion. 
  2. If we make changes to these Terms, we will notify you by issuing an updated version of the Terms on our Website and such changes will be effective immediately. 
  3. You agree that such notification will constitute our notice to you of the changes and your continued access or use of the Website following such notice means that you accept and agree to be bound by the updated version of the Terms. 
Consent

By accessing, using, downloading, or viewing the Website or any Content, you are agreeing to these Terms. 

 

Intellectual property

Ownership and licence to Website and Content
  1. The Website and all Content are owned or controlled by us or our licensors.  
  2. All right, title, and interest in and to the Content, any products and services displayed on the Website, and Website itself (including the selection, compilation, arrangement and layout of the Content) are the property of us or our licensors and are protected by copyright, trade mark, patent, design or other intellectual property rights and laws to the fullest extent possible. We and our licensor (where appropriate) reserve all such rights. 
  3. Nothing in these Terms gives you any ownership of, or any other intellectual property interest in, the Website or any Content.
  4. Subject to your strict compliance with these Terms, you are permitted to use or access the Website and the Content for your personal use only.  
  5. You are not permitted to copy, publish, transmit, distribute, communicate, post, upload, or otherwise distribute the Content (or any part of it) without our prior written permission in writing. 
  6. We may, at any time, terminate your right to use or access the Website or the Content.

 

Your Content

  1. Our Website and affiliated social media accounts may allow you to post, upload or transmit content (Your Content) for use in connection with the Website or us generally. We may engage or use a third party service provider to publish or manage Your Content (Third Party Provider).
  2. By submitting Your Content to our Website or affiliated social media accounts, you:
    1. automatically grant us an irrevocable, perpetual, transferable, royalty-free worldwide licence (by ourselves or with others) to:
      • use, copy, communicate or otherwise distribute, publicly perform, publicly display, transmit, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise, incorporate other works into, Your Content or any works derived from Your Content, in any form of media or expression for any purpose including the exercise of copyright, publicity and moral rights, in any media, with respect to Your Content; and
      • sub-licence or permit others to do so or to do on our behalf;
    2. agree you will not upload or contribute Your Content that you did not create (and own the intellectual property rights) or that you do not have permission to upload; and
    3. agree that we reserve the right to do any of the following (either by ourselves or through a Third Party Provider):
      • not publish Your Content (in whole or in part); 
      • to take down, delete, remove Your Content (in whole or in part) that we deem to be unlawful, obscene, defamatory, infringing on any third party rights, derogatory, offensive, inappropriate or otherwise unacceptable (and, where relevant, to report such conduct to a law enforcement agency);
      • review Your Content for any reason at any time;
      • display Your Content to other users for the purpose of providing you with access to the Website or any other product or services that you purchase or receive through the Website;
      • access your account (if any) in order to respond to requests for technical support, to maintain the safety and security of the Website or affiliated social media accounts, and for other legitimate purposes; or
      • monitor  any of Your Content that appears on the Website or affiliated social media accounts or review any conduct occurring through the Website or affiliated social media accounts, including any interactions between you and our employee or the Third Party Provider.
  3. By submitting Your Content to our Website, you:
    1. agree to comply with the terms and privacy policy of the Third Party Provider which may include, for the avoidance of doubt, any third party marketing platform service provider that we use to publish or manage Your Content on the Website or social media accounts.;
    2. represent to us that you are uploading Your Content at your direction and acknowledge that we and the Third Party Provider do not in any way certify or provide approval or permission prior to you uploading Your Content; and 
    3. allow us or the relevant Third Party Provider to store Your Content.
  4. You may choose or we may invite you to submit suggestions, recommendations, enhancement requests or other feedback (Feedback). By submitting any Feedback, you agree that such Feedback is gratuitous, unsolicited, and without restriction, and you grant us a royalty-free, worldwide, transferable, irrevocable, perpetual right and licence, including the right to grant sublicences on the same or similar term to third parties, to use such Feedback as we think fit. We actively review Feedback for new ideas. If You wish to preserve any interest you might have in your Feedback, you should not post them or send them to us.
Right to withdraw, amend, or suspend access
  1. Access to the Website is permitted on a temporary and limited basis for the purpose of browsing the Website and interacting with us. 
  2. We may withdraw, suspend access to, or amend the Website and /or the Content at any time for any reason, without notice. 
  3. We will not be liable if for any reason the Website or any Content is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website (including the Content).
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
  1. Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services or locations featured on the Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. 
  2. Any trade marks / names featured on the Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

Prohibitions

  1. Access to the Website is provided to you on the basis that you must not misuse the Website and the Content.
  2. You must not do any of the following:
    1. use the Website or the Content for purposes other than intended;
    2. use the Website or the Content for purpose of exploiting, harming or attempting to exploit or harm to yourself or other users;
    3. monitor, gather, copy, or distribute any content (except as may be a result of standard search engine activity or use of a standard browser) on the Website or by using any robot, rover, “bot”, spider, scraper, crawler, spyware, extraction tool, or any automatic or manual process;
    4. use any content in a manner that suggests an association with any of our products, services, or brands;
    5. make modifications to any Content;
    6. copy, modify, reproduce, archive, communicate or otherwise distribute, create derivative works from, publish, or otherwise use or exploit our Content (in whole or in part) in any way for any purpose except as specifically permitted by these Terms or with our prior written consent; 
    7. insert any code or product to manipulate our Website, or gather personal information about other people, in any way that adversely affects any user experience or breaches any privacy laws;
    8. attempt to gain unauthorised access to the Website or Content or to any other website or software;
    9. introduce any viruses or other malicious material to the Website;
    10. corrupt or cause the corruption of data of the Website; 
    11. infringe upon the rights of any other person’s proprietary rights;
    12. send any unsolicited advertising or promotional material; 
    13. attempt to affect the performance or functionality of any computer facilities of or accessed through the Website;
    14. commit any unlawful or fraudulent acts or use it in any way that violates applicable laws or regulation; 
    15. encourage others to commit any unlawful acts, or use in a way that violates applicable laws or regulations; 
    16. imitate or impersonate other people; or
    17. include material or content that is disrespectful, libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, violent, predatory, defamatory, or otherwise objectionable (as determined by us in our sole discretion) in Your Content or the Feedback.

Linked Sites

  1. The Website may contain links to other websites (Linked Sites), which are not operated by us. 
  2. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of the Linked Sites. 
  3. Links to another website or service do not constitute sponsorship or endorsement or approval of that website or service. 
  4. Your use of the Linked Sites will be subject to the Terms and any terms of use or services contained within each such Linked Sites, and will be at your own risk.

Linking to the Website

Our privacy policy, which sets out how we will use your personal information, can be found at https://www.itradesteel.com.au/privacy-policy. By using the Website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate, up to date, complete, relevant and not misleading.

Disclaimer, limitation of liability and indemnity

  1. The Website and the material (including the Content) displayed on the Website and Linked Sites are provided as-is and without any guarantees, conditions or warranties (whether express or implied) as to its accuracy, merchantability, fitness for a particular purpose, title, and non-infringement.
  2. We disclaim any warranty regarding quality, merchantability, fitness for a particular purpose or non-infringement. 
  3. Subject to your statutory rights under law, we (including our employees, officers, directors, contractors and agents) are not liable to you or anyone else (including for breach of contract, negligence, or other tort) for any loss or damages of any kind, or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages (regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss) that are related to:
    1. your access or use of the Website;
    2. your access or use of the Content;
    3. your breach of the Terms or any terms of use or services contained within any Linked Sites;
    4. your use of or inability to use the Website, or the performance of the Website;
    5. your submission of Your Content or the Feedback;
    6. any action taken in connection with an investigation by us or law enforcement authorities regarding your access to or use of the Website;
    7. any action taken in connection with patent, trade mark, copyright or other intellectual property rights, any errors or omissions in the Website’s technical operation; or
    8. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. 
  4. You will indemnify, defend and hold harmless us and our directors, officers, employees, consultants, agents, contractors and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from:
    1. your use of the Website or the Content;
    2. your breach of the Terms; or
    3. Your Content and Feedback including if they infringe any third party intellectual property laws or other third party rights.

Miscellaneous

  1. These Terms will be governed in accordance with the laws of New South Wales and the Commonwealth of Australia without regard to its conflicts of laws principles.
  2. If any provision of these Terms is deemed unlawful, void, or unenforceable by a court of law exercising, that provision will be deemed severed. Such severance will not impact the remaining provisions which continue to be valid and enforceable.
  3. No waiver of a right or remedy under these Terms is effective unless it is in writing and signed by the party granting it. It is only effective in the specific instance and for the specific purpose for which it is granted. A single or partial exercise of a right or remedy under these Terms does not prevent a further exercise of that or of any other right or remedy. Failure to exercise or a delay in exercising a right or remedy under these Terms does not operate as a waiver or prevent further exercise of that or of any other right or remedy.
  4. You must not, in whole or in part, assign or novate these Terms or otherwise deal with the benefit of it or a right under it, or purport to do so without obtaining our prior written consent (which may be withheld at our sole discretion). 
  5. We may, at our sole discretion at any time without notice, assign or novate these Terms in whole or in part to a different body or legal entity.