Terms of Use
STEEL.COM.AU WEBSITES
TERMS OF USE
Welcome to the STEEL.COM.AU websites ("Web Sites"). The Web Sites are owned and operated by BlueScope Steel Limited ABN 16 000 011 058 ("we" or "us" or "our") on behalf of itself and its related bodies corporate.
Your access to and use of the Web Sites is subject to these terms, our Privacy policy, and any other terms contained on the Web Sites ("Terms of Use").
Every time you go to one of the Web Sites, you agree to access and use the Web Sites, and the content on those Web Sites, in accordance with the Terms of Use. If you provide any content for publication on the Web Sites, you agree to these Terms of Use and acknowledge that the content will be handled in accordance with these Terms of Use. The Terms of Use are a legally binding agreement between you and us.
By using and/or visiting the Web Sites, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. If you are using and/or visiting the Web Sites as a representative of a business/company, you affirm that you are an authorised representative of the business/company and for the purposes of interpreting these Terms of Use any reference to "you" in these terms shall be taken as a reference to you and the business/company as a legal entity. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
1. Changes to the Terms of Use
i. From time to time, we may need to change the Terms of Use to reflect our changing business and needs.
ii. We may change the Terms of Use at any time by posting the changed Terms of Use on the Web Sites. We recommend that you check these Terms of Use frequently as your continued access and use of the Web Sites after a change to the Terms of Use signifies your agreement to the modified Terms of Use
2. Web Site Content
i. The Web Sites contain content (including but not limited to product information, instructional sheets, videos, and tools ) developed by us or third parties. The content is intended and provided for general reference purposes.
ii. Some of the content available via the Web Sites is provided by BlueScope customers and other third parties ("Third Parties"). In addition, users can post comments on our Web Sites that are pages hosted on social media platforms. We do not check, review or monitor content, nor do we make any representation or warranty as to the accuracy, legality, completeness, currency, suitability or reliability of the content contained on the Web Sites (including our content and Third Party Content), and we do not accept any responsibility arising in any way (including negligently) for errors in, or omissions from, the content contained in Web Sites or your reliance on such information. While we use commercially reasonable efforts to keep the Web Sites and their contents up to date, we cannot guarantee that the most recent or current versions of any content, including downloads, will be available via the Web Sites at any time. Further, we do not guarantee that the products, services and content shown on or available via the Web Sites will be suitable for any particular purpose or available at any or all times. You agree and acknowledge that you shall not rely on any information on the Web Sites without making your own independent assessment of the information and will not buy, recommend or use any products or services shown on the Web Sites without making your own enquiries as to the suitability of those products and services for the intended purpose.
iii. We and/or the Third Parties may change the content, information, products and services provided or shown on the Web Sites at any time.
iv. The inclusion of information or content on the Web Sites about any Third Party (or their products and services) should not be taken to imply that we endorse, sponsor or approve of any particular Third Party or Third Party product/service.
v. You acknowledge that opinions, comments or reviews expressed on the Web Sites are those of the relevant authors and may not necessarily represent our views or all our employees or representatives.
vi. You acknowledge that we act as an independent facilitator in respect of any communications between you and any Third Party advertised via the Web Sites, and any transactions or agreements made between you and any Third Party, through, or in connection with the Web Sites, including trade of goods and services, your communications with and provision of any personal or financial information to any Third Party is at your own risk and you acknowledge and agree that BlueScope takes no responsibility for any agreements made between you and a Third Party and entry into any transaction or agreement is at your own risk. We take no responsibility for the accuracy, quality, legality or standard of goods and services that are advertised on the Web Sites, and do not guarantee the continued availability of goods and services advertised.
3. Usage rules
i. You must use the Web Sites in a responsible manner, and in compliance with all relevant laws, regulations, standards or codes. In the case of Web Sites that are pages on social media platforms, you must comply with the terms of use of the relevant platform.
ii. Unless expressly stated otherwise on the Web Sites, you may download and print the content on the Web Sites for your own use and for reference purposes. However, you must not reproduce any comments posted by other users on our Web Sites that are pages on social media platforms, without the relevant user's prior consent.
iii. You must not carry on any activity which might involve us, or our related bodies corporates, in liability, or any activity which uses intellectual property owned by, or licensed to, us, without our written permission.
iv. We may invite you, by the inclusion of a share button on a relevant page, section or part of the Web Sites, to share selected content from the Web Sites through one or more avenues including, but not limited to, email and social media (including but not limited to Facebook, Instagram and Twitter). If you elect to share content through one or more of those avenues, you must do so by making use of the share button provided by us. You agree and acknowledge that you share any content at your own risk.
v. Where the Web Sites, including but not limited to pages on social media platforms, allow for comments to be posted, you must exercise common sense and courtesy in submitting comments. When you submit a comment, you license and grant us, our affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, publish and reproduce such comments on the Web Sites, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use. You must ensure that your comments are your own work and do not breach any laws or rights, including intellectual property and privacy rights, of any third party.
vi. You must not, without our prior written consent and authorisation:
a) store, publish, distribute, communicate to the public, adapt, reverse engineer or decompile any of the content on the Web Sites;
b) incorporate any of the content on the Web Sites with any other material, including advertising or promotional material;
c) create HTTP links from the Web Sites to any other website on the Internet, or frame or mirror the Web Sites; or
d) transmit or post to or via the Web Sites any information or material which infringes a third party's rights (including intellectual property rights), which is of a proprietary or confidential nature or which is obscene, indecent, inflammatory, pornographic, defamatory, illegal, misleading, untrue, deceptive or inappropriate;
e) use the Web Sites or any facilities available on the Web Sites to defame, harass, threaten, menace or offend any person;
f) tamper with, hinder the operation of, or make unauthorised modifications to the Web Sites or any content on the Web Sites;
g) knowingly transmit any virus, worm, trojan horse or other disabling feature to or via the Web Sites;
h) use the Web Sites to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);
i) use another person's name, username or password on the Web Sites or to access any content on the Web Sites;
j) use the Web Sites or the content on the Web Sites for any commercial purpose, other than as expressly permitted under these Terms of Use or in writing by us, including but not limited to sale of access to the Web Sites, use of the Web Sites for the primary purpose of gaining advertising or subscription revenue or the sale of advertising on the Web Sites or any third-party website; or
k) attempt to do, or permit another person to do, any of the above acts.
4. Operation of the Web Sites
i. We will use reasonable efforts to make sure that you can access and use the Web Sites at all times. However, despite our efforts, you may experience interruptions, delays, errors or faults in your use of and access to the Web Sites. We will not be responsible to you or anyone else if these things occur.
ii. When you are using the Web Sites, we may require you to re-authenticate yourself from time to time - for example, if there has been a period of inactivity on the connection between your internet browser and our servers. We will not be responsible for any information you may lose if your access to the Web Sites is suspended or terminated in these circumstances.
iii. To enable you to access certain content on the Web Sites or to post comments or submit content, you may require a username, password or some other type of identifier. You agree that you are responsible for keeping such identifiers secret and that you will be responsible for the conduct of any person who uses your identifiers, whether or not you have authorised that use.
5. Linked Sites
i. The Web Sites may contain links to other websites which are not maintained or controlled by us. These links are provided by us solely for your convenience. We do not accept any responsibility for the content on a linked site.
ii. The presence of links on the Web Sites should not be taken to imply that we endorse, sponsor or approve of any linked site, or any content, products or services available from that linked site, or that we are affiliated or associated with the owner or operator of any linked site.
6. Our liability to you
i. You use the Web Sites at your own risk. To the maximum extent permitted by law, everything on the Web Sites, or obtained by use of or access to the Web Sites, is provided "as is" without any warranty of any kind.
ii. Neither we nor our related companies accept liability for any loss or damage you suffer as a result of using or accessing the Web Sites or any content available on or from the Web Sites, except to the extent that we are required to do so by law.
iii. In particular, except to the extent required by law, we and our related companies do not accept, and specifically exclude, liability for any business losses, or losses of data or profits, or any other direct, indirect or consequential loss or damage, which you may suffer in connection with our supply, non-supply or defective supply of the Web Sites or any content available on or from the Web Sites.
iv. To the full extent permitted by law and except as otherwise provided herein, we exclude all terms, conditions, warranties or representations whether express or implied.
v. Nothing in these Terms of Use limits, excludes or modifies the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or any other implied warranties under the ASIC Act 2001 (Cth) or similar consumer protection laws in Australia where they apply, except where we are legally permitted to do so.
7. Your liability to us
i. You agree to indemnify us and our related companies from and against any loss, damage, costs or expenses suffered by any of us arising out of or in any way connected to the use of the Web Sites by you, and any content submitted by you or your representatives (where applicable) for inclusion on the Web Sites, or someone using your name and password.
8. Termination and suspension
i. If we reasonably believe that you have breached any of these Terms of Use or otherwise misused the Web Sites or any content, we may immediately suspend, terminate or limit your access to one or more of the Web Sites and you may be refused any future use of or access to the Web Sites. In addition, if you engage in any fraudulent or illegal activity that affects the Web Sites or its users, this will also constitute grounds for termination and suspension and your details may be referred to the appropriate law enforcement agency or your internet service provider.
ii. We reserve the right to monitor and administer our Web Sites, including comments on pages that are hosted on social media platforms, and in our sole discretion, to remove any content and comments posted to our Web Pages.
9. Trademarks, copyright and other intellectual property
i. All materials and content on the Web Sites, including but not limited to any and all trademarks, service marks, designs, products, software, images, sound recordings, video recordings, content downloads, streaming audio, streaming video, and other audiovisual materials, are either property of, or used under license by, us and/or our related bodies corporate, and are subject to copyright and other intellectual property protection. In addition to our own trademarks and content, the Web Sites may contain trademarks and content of Third Parties which are owned by those Third Parties and are reproduced on the Web Sites with their permission.
ii. For this reason, you must not do anything with the Web Sites or anything on the Web Sites (including trademarks and content) that is not expressly authorised by these Terms of Use or the relevant owners of the intellectual property rights in that content. Except as expressly provided in the Terms of Use or the relevant owners of the intellectual property rights in any content, you must not, without our (or the relevant owner's, in the case of Third Party Content) prior written permission, copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), upload to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, the Web Sites or the content on the Web Sites.
iii. Importantly, you must not use or apply any of our trademarks without our consent. Our trademarks include our name, our logos, our slogans and some of the names of our competitions, including but not limited to BLUESCOPE®, XLERPLATE®, TRU-SPEC®, REDCOR®, EMBAR®, COLORBOND®, DECKFORM®, TRUECORE®, Coolmax®, GALVABOND®, GALVASPAN®, ZINCALUME®,ZINCANNEAL®, ZINCFORM®, ZINC HI-TEN®, Intramax®, SUPERDURA®, Thermatech®, Activate®, STEEL SELECT®, STEEL PROFILE®, ® colour names and ™ colour names.
10. General matters
i. These Terms of Use are governed by the laws in force in New South Wales, Australia.
ii. If any of these Terms of Use are invalid, unenforceable or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only and the remaining terms will remain in full force.
iii. If we do not act in relation to a particular breach by you of these Terms of Use, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.
iv. In order to use the Web Sites, it is your responsibility to procure access to the Internet, to pay any costs associated with that access and to acquire any hardware and/or software necessary to facilitate the services.
11. Submissions by Third Parties
i. Selected third parties may be invited by us to submit material and content for upload to the Web Sites, by way of the means communicated to them by us ("Third Party Content"). Third Parties invited to submit material and content are selected by us in our absolute and sole discretion. Third Party Content must be submitted in accordance with any applicable formats, file sizes, specifications, requirements and procedures specified by us. If you are a Third Party, when you submit any content to us for upload to the Web Sites, you agree to these Terms of Use and you acknowledge that your Third Party Content may be published on the Site and will be dealt with in accordance with these Terms of Use.
ii. We reserve the right, but do not have the obligation, to check or moderate any Third Party Content from time to time. We will determine, in our absolute discretion, whether any Third Party Content will be posted on the Web Sites, and how any Third Party Content or Third Party will be featured on the Web Sites. We will contact Third Parties with confirmation as to whether or not their content will be posted or if we require any amendments to be made. Notwithstanding the posting of any Third Party Content by us, these Terms of Use will continue to apply. We reserve the right, at any time, to refuse or remove any Third Party Content or any Third Party from the Web Sites for any reason in our absolute discretion, including without limitation where the material is considered inappropriate, incorrect, infringing upon the rights of any third party or the material is or the Third Party engages in conduct that is not in line with our brand values or requirements.
iii. We will not be responsible or liable for checking Third Party Content. Each Third Party is responsible for the accuracy, currency and legal review and approval of its own Third Party Content.
iv. If you are a Third Party, when you submit to us any Third Party Content, you:
(a) license and grant us, our affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, copy, modify, adapt, publish, communicate to the public, make available, distribute and display such Third Party Content on the Web Sites, on our social media platforms/sites, other websites and in our other publications/materials (at our discretion), without compensation, restriction on use, attribution or liability;
(b) agree not to assert any moral rights in relation to such use; and
(c) warrant that your Third Party Content is your own work and/or that you have the appropriate license and authority to grant the rights set out in these Terms of Use.
v. We shall not be liable in any way for any Third Party Content to the full extent permitted by law. If you are a Third Party, when you submit to us any Third Party Content, you agree that you are fully responsible for all aspects of that Third Party Content and you warrant and agree that:
(a) you will not submit any Third Party Content that is or could be considered in breach of any laws or rights of others including copyright, trade mark, trade secret, patent, moral rights and other intellectual property, privacy or publicity rights;
(b) you will not submit any Third Party Content that is or could be considered defamatory, libellous, harmful, derogatory, offensive, bullying, confidential to or is a trade secret or owned by any other person, or otherwise unsuitable for publication;
(c) you will obtain prior consent from any person or property that appears in your Third Party Content, including the parent or guardian of any person aged under 18;
(d) you will obtain full prior consent from any person who has jointly created or has any rights in your Third Party Content, to the uses and terms herein;
(e) any information and claims, including but not limited to in respect to products, service and projects, in your Third Party Content will be accurate and capable of substantiation;
(f) any opinions or testimonials featured in your Third Party Content will be accurate and a true reflection of the opinion held by that individual;
(g) your Third Party Content shall not contain viruses or cause injury or harm to any person or entity;
(h) you will use good judgment and exercise discretion in choosing appropriate subjects and subject matter for any Third Party Content you submit for upload to the Web Sites;
(i) any products and product offers listed are available and any pricing included in Third Party Content is accurate and current;
(j) you will actively check the Web Sites and your Third Party Content on a regular basis to ensure continued accuracy and relevance, and notify us of any required updates as soon as reasonably practicable.
vi. Each Third Party agrees to indemnify us and our related companies from and against any loss, damage, costs or expenses suffered by any of us arising out of or in any way connected to the use of the Web Sites by the Third Party, its employees or representatives and/or any Third Party Content provided by or on behalf of that Third Party.
LAST UPDATED: 10 June 2022