Website User Agreement
This page contains the User Agreement which sets out the terms end conditions for your use of the Hunter Valley Coal Chain Coordinator Limited (HVCCC) website (This website). Your use of this website constitutes your acceptance of these terms and conditions and gives rise to a User Agreement between you and HVCCC on these terms and conditions.
1. Your rights
HVCCC grants you a non-exclusive, non-transferable, limited right to access, use and display this website provided that you fully comply with this User Agreement.
2. Lawful use
You may not transmit any materials that are in violation of any federal, State or local laws and you agree that HVCCC may disclose any and all personal information including assigned IP numbers, account history, account use, etc. to any law enforcement agency authorised to request same without further consent from or notification to you.
Your access to this website may be restricted by a password. If access is restricted by a password, you must take care to keep your password confidential and not disclose it to anyone. You may be liable to pay compensation to HVCCC or a Member of HVCCC if an unauthorised person gains access to this website as a result of your failure to keep your password confidential.
4. Information transmitted to website
You must not post or transmit via this website any material (including incorrect, misleading, deceptive, obscene, inflammatory, defamatory or illegal material) that could give rise to civil or criminal proceedings against HVCCC or any of its Members or any Member’s Associates.
5. Tampering with website
You must not hack into, tamper with or hinder the operation of or make unauthorized modifications to this website or knowingly transmit any virus or disabling feature to this website.
You must take precautions to ensure that you are not exposed to any virus, malicious or harmful code, disabling feature or other form of interference in connection with your use of this website. To the maximum extent permitted by law, HVCCC and each of its Members disclaim all liability arising from any form of virus, malicious or harmful code, disabling feature or interference which arises in connection with your use of this website.
7. Cookies and IP address
The IP address of all posts is recorded by the website administrator. You agree that the HVCCC webmaster and administrators of this website have the right to record the IP address of all posts and use and record cookies from your local computer.
8. Information disclosed on website
Your use of this website will determine the amount and type of information we collect about you. As a user you agree:
(a) to any information you have entered onto this website being stored by HVCCC in electronic or hard copy form (or both) in either lockable storerooms or, in the case of electronic information, by password protection in a database;
(b) to any information you have entered onto this website being used and disclosed in accordance with the HVCCC website Privacy & Confidentiality Policy; and
(c) that HVCCC has a perpetual, royalty free licence to use and apply and disclose any information you have entered onto this website for the purpose for which it was disclosed to HVCCC being to facilitate the performance by HVCCC of our business activities strictly in accordance with the terms of the HVCCC Constitution and Members Agreement.
(d) While this information will not be disclosed to any third party except in accordance with the Privacy & Confidentiality Policy of HVCCC, the webmaster, administrator and moderators are not, and cannot be held, responsible for any hacking attempt that may lead to the data being compromised.
9. Email Address
HVCCC may retain, maintain and use your email address together with other business contact details on its database in accordance with HVCCC’s Privacy & Confidentiality Policy and the terms of the HVCCC Constitution and Members Agreement.
HVCCC does not guarantee this website will be available at all times. The website is provided on an "as is" and "as available" basis. HVCCC may make improvements and/or changes to this website at any time and without notice.
11. Privacy, Confidentiality and Intellectual Property (“IP”) Obligations
All information collected by HVCCC on this website will be dealt with in accordance with the HVCCC Privacy & Confidentiality Policy a copy of which is accessible on this website and accordance with the HVCCC Constitution and Members Agreement.
Nothing in this User Agreement affects the IP of any party.
The materials displayed on this website are protected by copyright, trademark and other IP laws. The website contains third-party trademarks and service marks. All marks are the property of their respective registered owners.
You may view this website using your web browser and save an electronic copy or print out parts of this website solely for your own information but only if you keep all content intact and in the same form as presented on this website.
12. Disclaimer and limitation of liability
The information contained in this website is derived from sources believed by HVCCC to be accurate and current as at the date indicated in the respective sections and is provided by HVCCC in good faith. Despite this belief, the inclusion of any information on this website does not imply any endorsement as to the accuracy or correctness of the information by HVCCC or any of its Associates. Neither HVCCC nor any of its Associates warrant, guarantee or make any other representations regarding any quality of the information herein contained (including its currency, reliability, accuracy, useability or completeness) nor of the information contained in any website linked to this website.
To the extent permissible by Australian law, HVCCC:
(a) makes no implied or expressed warranties of any kind for the services provided on this website;
(b) makes no warranty that such services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected;
(c) excludes any responsibility of HVCCC or any of its Associates arising in any way from errors in, or omissions from your use of this website or information provided on this website or on a website linked to this website;
(d) excludes and disclaims any liability to any Member or any other person in respect of any loss or damage (including consequential loss) which may arise in respect of information provided on this website, on a website linked to this website, in connection with your use of this website or otherwise; and
(e) disclaims any warranty, merchantability or fitness for a particular purpose or non-infringement.
Your use of the information provided on this website is entirely at your own risk.
HVCCC will not be liable to you or any Member or other person for any matter, including any Claims your business may suffer arising out of or related to this User Agreement or your use of this website, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, any breach of this User Agreement or its incorporated agreements and policies, your inability to use the website, your loss of data or files, the performance or breach of the User Agreement, the accuracy or correctness of information HVCCC provides on this website, or otherwise even if HVCCC has been advised of such a possibility.
13. Release and Indemnity
By your use of this website, you and also any Member which you are authorised to represent accept and agree to release and indemnify and keep indemnified HVCCC and each of its Associates in respect of any Claim suffered or incurred by:
(a) you or any Member which you are authorised to represent as provided by the Release and Indemnities contained in the HVCCC Members Agreement; or
(b) HVCCC or any of its Associates caused by, arising out of in any way or in connection with any breach or non-performance of your obligations contained in this User Agreement, or any breach of third party IP.
Your liability under this indemnity will be reduced to the extent that the Claim was caused by a wilful or negligent act or omission of HVCCC or any of its Associates.
14. Links to other websites
Links within this website are provided for your own information. Neither HVCCC nor any of its Associates endorse and have not necessarily verified any of the information available through the use of any link found within this website.
This website uses encryption for secure transmission of information over the internet. As there are risks associated with transmitting information across the internet, neither HVCCC nor any of its Associates are responsible for the privacy or security or any information transmitted across the internet.
16. Errors on this website
HVCCC has the right to correct any errors or omissions and change any portion of this website without notice and may, in its absolute discretion and without notification, remove any material from this website at any time.
HVCCC may cancel this User Agreement at any time and reserves the right to restrict, suspend or terminate your access to this website in whole or part and without notice or reason.
18. Legal Action
HVCCC reserves all rights to take such action as it in its sole discretion deems necessary to enforce obligations binding under this User Agreement. This User Agreement is governed by the laws of New South Wales.
19. Amendments to User Agreement
HVCCC may unilaterally vary this User Agreement from time to time by publishing the varied User Agreement on this website. You accept that HVCCC has the right to do this without further notice.
For the purposes of this User Agreement capitalised words have the same meaning as defined in the HVCCC Constitution and Members Agreement provided that the terms below will have the following meanings:
Associate means, in relation to a Party, any:
(a) director, senior manager or other authorised representative or employee or agent of that party; and
(b) director, senior manager or other authorised employee or agent of that party’s Related Body Corporate.
“Related Bodies Corporate” means a Related Bodies Corporate or an Associate within the meaning given in the Corporations Act 2001 (Cth).
Representative” means an authorised employee, agent, officer, director, adviser, partner, contractor or subcontractor of a party.