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Licence Agreement

As a user of the R Coles and Associates Pty Ltd or its agents website ('www.shiploader.com.au'), you are bound by the following terms and conditions. Accordingly, you should review them in relation to all or part(s) of the website.

Licence

By allowing you to access the website, R. Coles & Associates or its agents grants to you a licence. By accessing the website, you accept the terms and conditions of this licence. Pursuant to this licence and subject to the absolute right of R. Coles & Associates or its agents to vary access to all or any part(s) of the website, you acquire a non-exclusive right to:

  • View the material in the website.
  • Access material contained in the website.
  • 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 R. Coles & Associates Pty Ltd or its agents, and upon payment of any fee required by R. Coles & Associates or its agents to be paid by you for that use.

Your Obligations

You hereby undertake the following obligations:

  • To not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of R. Coles & Associates Pty Ltd or its agents, except as expressly authorised by this licence;
  • To 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;
  • To 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 R. Coles & Associates Pty Ltd or its agents; and
  • To not use the material in the website for, or in connection with, a service bureau operation.

 

Warranties

R. Coles & Associates Pty Ltd, its employees, servants or agents make no express or implied warranties of merchantability or fitness for a particular purpose or use with respect to any information, data or software included in this site or that may be accessed through this site, presentations or other materials. R. Coles & Associates or its agents does not warrant that the material in the website is accurate, complete or up to date. The existence of inaccurate, incomplete or superceded material in the website will not cause R. Coles & Associates or its agents to be in breach of the terms of this licence. R. Coles & Associates or its agents reserves the right to change, add or remove any material in or from the website without notice.R. Coles & Associates or its agents 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. 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 R. Coles & Associates or its agents for breach of any such implied term will be limited, at the option of R. Coles & Associates Pty Ltd or its agents, to any one or more of the following:

  • The replacement of goods or services to which the breach relates or the supply of equivalent goods or services;
  • The repair of such goods or services;
  • The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services; and
  • The payment of the cost of having the goods repaired or the services performed again.

 

R. Coles & Associates or its agents 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. When deciding to visit the website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by R. Coles & Associates or its agents 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 R. Coles & Associates or its agents (which material may be out of date or superseded).

Intellectual Property Rights

You acknowledge that the material in the website is the subject of copyright© and that it is the subject of other intellectual property and legal rights (including third-party rights). 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 material in the website, except as otherwise expressly authorised by this licence.

Subscription Services

Subscribers to services of the website may store in digital format in computer terminals, databases or other repositories material which is supplied in the normal course of a subscription. Password access is restricted to a single subscriber. Passwords and user names must not be distributed to any other person, body or corporation. Subscribers must take due care to protect the copyright of materials from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication. In the event that a subscriber breaches this duty, or if it is found that a subscriber's conduct violates applicable law, R. Coles & Associates or its agents may immediately suspend or terminate a subscriber's subscription without notice.

Indemnity

You must indemnify and keep R. Coles & Associates or its agents indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which R. Coles & Associates or its agents may 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. You accept that R. Coles & Associates or its agents has no control over, and is not responsible for, 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 R. Coles & Associates or its agents and on terms satisfactory to R. Coles & Associates Pty Ltd or its agents.

Disclaimer

The owners of the equipment shown in this presentation and on the website have provided the following information to R. Coles & Associates or its agents. This website including presentation materials contains forward looking statements concerning the equipment by the owners. Statements concerning transport, erection and commissioning, particularly, commissioning dates and future performance may also be deemed to be forward looking statements in that they involve elements based on specific assumptions. Forward looking statements are not statements of historical fact, and actual events, results or performance may differ materially from those described in the forward looking statements as a result of a variety of risks, uncertainties and other factors. Forward looking statements have been provided to us by the owners and are based on the beliefs, opinions and estimates as of the date they are made and no obligation is assumed to update forward looking statements if these beliefs, opinions and estimates should change or reflect other future information or developments. Information in this presentation or on the web site may include inaccurate information or information which has not been updated. Information may be changed or updated without notice and changes or improvements in the contents of the presentation or web site may be made or they may be withdrawn, and access removed to them at any time. Data and amounts shown in this presentation relating to capital costs, operating costs and project timelines are provided by the owners to R. Coles & Associates or its agents and are best estimates only. All such information and data is currently under review as ongoing developments and studies continue. Accordingly, the owners cannot guarantee the accuracy and/or completeness of the figures or data in this presentation at this time. All dollar amounts shown in this presentation are in Australian dollars unless otherwise stated. R. Coles & Associates Pty Ltd, its employees, servants or agents make no express or implied warranties of merchantability or fitness for a particular purpose or use with respect to any information, data or software included in this site or that may be accessed through this site, presentations or other materials. The R. Coles & Associates Pty Ltd disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way, and for any reason. You accept that R. Coles & Associates or its agents takes no responsibility for any error or omission relating to the material contained in the website. You accept that R. Coles & Associates or its agents makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that R. Coles & Associates or its agents 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.

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 R. Coles & Associates or its agents 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 R. Coles & Associates Pty Ltd or its agents. Termination pursuant to this clause shall not affect any rights or remedies, which R. Coles & Associates or its agents may otherwise have under this licence or at law.

Amendments to this Licence

These are the current terms and conditions of the licence. R. Coles & Associates or its agents 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, R. Coles & Associates or its agents 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 R. Coles & Associates or its agents 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 R. Coles & Associates or its agents under this licence.

Jurisdiction

This licence shall be governed by and construed according to the laws of the state of Western Australia, Australia.

Definitions

'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 R. Coles & Associates or its agents websites.