Terms & Conditions

TERMS AND CONDITIONS

Welcome to the NS BlueScope Lysaght Malaysia website (the website). The website is owned and operated by NS BlueScope Pte Ltd on behalf of itself and its related bodies corporate.

Any reference to NS BlueScope (also to we, us and our) in these Terms and Conditions is a reference to NS BlueScope Pte Ltd and its related bodies corporate.

By accessing, browsing, or using this website, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions then you are not authorised to use the website.

You should also refer to our Privacy Policy, which contains important information regarding personal information you may provide to us on the website.

Disclaimer Of Warranty

NS BlueScope has provided the information contained on this website on the basis that we give the information in good faith. None of NS BlueScope, its affiliates and any of their respective directors, officers, employees or agents makes any representation or warranty as to the accuracy, completeness, currency, suitability or reliability of the information contained on the website (including in relation to any goods or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on the website or your reliance on such information.

You should not rely on the information on this site or any linked site without making your own independent assessment of the information. You should consult your own advisers to verify its accuracy. Information on this site is intended to be an aid for all trades and professionals involved with specifying and installing NS BlueScope products and not to be a substitute for professional judgement. You acknowledge that the inclusion of links from this site is not intended as an endorsement or recommendation. If you create a link to this website or access content through a link, you do so at your own risk. We have not consented to any conduct with a linked site which may be unlawful or an infringement of a third party’s rights.

You accept that NS BlueScope makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that NS BlueScope 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.

Use of Website Content

Permission is only granted to you to display, copy, distribute, download, and print in hard copy portions of the website for the purposes of:

• placing an order whether on-line or off-line with NS BlueScope; or

• using the website as an information source for your own purposes.

You must not, without our prior written permission, exploit the website or any of its Contents for any other purpose or by any other means.

Prohibited Conduct

You must not, without our prior written permission and the permission of any other owner of rights in content on the website, copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load 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, these web pages for any other purpose. You must not copy or reproduce in any way the content or any aspect of this website (including the layout, colours, designs, trade marks, logos, photographs, diagrams or any other copyright work or any other intellectual property used on the Web Site) without our prior written consent.

You must not up-load, post, transmit or otherwise make available through the website any material which:

• violates or infringes the rights of others (including their privacy and publicity rights);
• is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
• encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
• restricts or inhibits any other user from using or enjoying the website;
• affects the functionality or operation of the website or its servers or the functionality or operation of any users of computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
• breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require NS BlueScope to take remedial action under any applicable industry code.

Limitation of Liability

In no event shall NS BlueScope, its related bodies corporate and any of their respective directors, officers, employees or agents be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including but not limited to, loss of use, data, or profits, arising out of or in connection with:

• the use or access or any liability to use or access the website or its contents;
• goods or services supplied by NS BlueScope under the Terms and Conditions; or
• a failure or omission on the part of NS BlueScope to comply with its obligations under these Terms and Conditions.

NS BlueScope is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the website or any linked website. You must take your own precautions to ensure that whatever you select for your use from the website or any linked website is free of viruses or any other thing that may interfere with or damage the operations of your computer systems.

To the fullest extent permitted by law, NS BlueScope’s total liability to you (if any) for breach of any implied warranties or conditions which by law cannot be excluded shall be limited, at our election, to:

• in the case of information or services supplied or offered by us – the re-supply of the information or services or payment of the cost of doing this; or
• in the case of goods supplied or offered by us – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this.

We are not liable for loss of any kind (whether direct or consequential) arising from the information at this site, or a linked site, being inaccurate, incomplete or misleading, and are not responsible for any interpretation, opinion or conclusion you form from the information. To the fullest extent permitted by law, all warranties (including warranties as to merchantability, infringement of intellectual property or fitness for a particular purpose) and conditions are excluded.

You must not carry on any activity which might involve us in liability, or any activity which uses intellectual property owned by, or licensed to, us, without our written permission.

Trademarks

Except where otherwise stated, all registered trademarks used on the site are used with the permission of BlueScope Steel Limited.

You must not use any trademarks without the prior, specific, written permission of its owner whether BlueScope Steel Limited, NS BlueScope or a third party.

Copyright

All material on the website is protected by copyright under the laws of Australia and, through international treaties, in other countries. Unless otherwise indicated, all rights (including copyright and moral rights) in the content, layout and compilation of the website pages and on-line images including text, graphics, logos, button icons, video images, audio clips and software (including all object source and machine readable code), including navigational software (collectively referred to as the Contents) are owned or controlled for these purposes, and are reserved, by NS BlueScope and/or licensors.

You must not copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way, the website or its Contents except as expressly provided in the Terms and Conditions.

All copyright resides in us. No part of the copyright material may be reproduced, re-used, re-transmitted, adapted, published, broadcast or distributed for any purposes whatsoever without our prior written permission.

Indemnity

You must indemnify and keep NS BlueScope indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which NS BlueScope 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 NS BlueScope 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 NS BlueScope and on terms satisfactory to NS BlueScope.

Termination

The Terms and Conditions are effective until terminated by NS BlueScope. NS BlueScope may terminate these Terms and Conditions and your access to the website at any time without notice. In the event of termination, all restrictions imposed upon you and all disclaimers and limitations of liability set out in the Terms and Conditions shall remain effective despite termination.

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 NS BlueScope.

Amendments

NS BlueScope may amend, update or change the website including these Terms and Conditions. Revised terms will be posted on the website and will be effective immediately unless otherwise stated. By continuing to use the website after any amendment becomes effective you agree to be bound by the Terms and Conditions as amended. You should periodically visit this page to determine the current Terms and Conditions to which you are bound.

Waiver

Failure or neglect by NS BlueScope to enforce at any time any of the provisions of these Terms and Conditions shall not be construed or deemed to be a waiver of the rights of NS BlueScope unless such waiver is granted by NS BlueScope in writing.

Severability

If any part of these Terms and Conditions are or become illegal, invalid or unenforceable in any relevant jurisdiction, that or those provisions will be: (a) interpreted in that jurisdiction, as nearly as possible, to reflect the intentions of the parties; and (b) if necessary to maintain the effectiveness of these Terms and Conditions, be severed for the purposes of that jurisdiction, with the remaining provisions remaining in full force and effect.

Jurisdiction

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

Definitions

‘NS BlueScope’ means NS BlueScope Pte Limited and all of its related bodies corporate. A related body corporate means a related body corporate as defined in the Corporations Law of Australia.

‘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 NS BlueScope websites.