Terms and Conditions

1. 1. Liberty OneSteel is the owner and operator of the Website Service. Liberty OneSteel agrees to allow the Customer to use the Website Service in consideration for the Customer agreeing to comply with the terms of this Agreement.
   2. Interpretation

      "Customer" means the customer, its officers, employees or contractors (as the case may be);

      "Liberty OneSteel" means OneSteel Manufacturing Pty Ltd; and

      "Website Service" means the right to access and use Liberty OneSteel's customer service websites (including without limitation, Liberty OneSteel's EzyCommerce website) to determine order status, notices, invoices, test certificates, order placement and to obtain any other information made available by Liberty OneSteel on such website.

2. Liberty OneSteel's Obligations
   1. Liberty OneSteel will issue a user identification name ("User ID") and password to nominated employees and/or contractors of the Customer ("Nominated Personnel") and will not disclose the Customer's User ID or password to any person other than the Nominated Personnel or those employees or contractors of Liberty OneSteel (as the case may be) who require such information for the purpose of carrying out their duties at Liberty OneSteel.
3. The Customer's Obligations
   1. The Customer will determine the Nominated Personnel who will have the Customer's authority to use the Website Service.
   2. The Customer will not and must ensure that its Nominated Personnel do not disclose the User ID or the password to any person without Liberty OneSteel's written consent.
   3. The Customer will notify Liberty OneSteel should any Nominated Personnel resign, leave the Customer's employment, change jobs within the Customer's employment, or no longer in the Customer's opinion need access to the Website Service, in which case Liberty OneSteel will cancel the User ID and Password for that person within two (2) days of receiving such written notification from the Customer.
4. Liberty OneSteel's Rights
   1. Liberty OneSteel has the right to and without penalty, or cause of action against Liberty OneSteel arising:
      1. suspend the use and/or withdraw the provision of the Website Service:
         • immediately without notice to the Customer if:
           • the Customer is in breach of any term of this Agreement; or
           • in the opinion of Liberty OneSteel, use of the Website Service must be suspended and/or withdrawn due to causes outside of Liberty OneSteel's control including but not limited to failure of the website server, computer viruses, power failure or failure of computer systems, telecommunications or other equipment associated with the Website Service; or
           • subject to clause 4.2, for maintenance of the Website Service; and
         • at any other time in its absolute discretion on thirty (30) days written notice to the Customer; and
      2. cancel any allocated User ID and Password in accordance with Clause 3.3 of this Agreement.
   2. In relation to maintenance of the Website Service, Liberty OneSteel will use reasonable endeavours to, wherever possible, undertake such maintenance during periods where customers are less likely to use the Website Service
5. Liabilities
   1. The Customer is solely responsible for the custody and security of the User ID and Password. The Customer is liable for any direct or indirect loss or damage which Liberty OneSteel may suffer including consequential loss, as a result of, any act, negligence, breach of this Agreement, breach of duty or deliberate act in relation to the Website Service on the part of the Customer, its Nominated Personnel or, where the Customer has failed to comply with Clause 3.3, its former Nominated Personnel ( except to the extent that such loss or damage is caused or contributed to by Liberty OneSteel or its employees, agents or contractors).
   2. To the extent permitted by law, Liberty OneSteel shall have no liability or responsibility whatsoever and is hereby released by the Customer for any loss or damage suffered by the Customer whether directly or indirectly, wholly or in part as a result of or arising from:
      • information given to, or obtained by the Customer or its Nominated Personnel in the course of using and/or accessing the Website Service;
      • a failure to effect placement of an order where such failure is due to circumstances outside Liberty OneSteel's reasonable control including, without limitation, mechanical failure, malfunction, interaction or inadequacy of any computer system, communication system or any delay, error or transmission or omission in transmission; or
      • damage to software or hardware incurred as a result of the Customer's use of the Website Service.
6. Indemnity
   1. The Customer shall indemnify Liberty OneSteel, its employees and agents ("those indemnified") from and against all liabilities, claims or losses, costs, damages or reasonable expenses which may be incurred by or made against those indemnified in relation to the use of the Website Service by the Customer, its Nominated Personnel or where the Customer fails to comply with Clause 3.3, its former Nominated Personnel except to the extent that such loss or damage is caused or contributed to by Liberty OneSteel, its employees, agents or contractors
7. Evidentiary Matters
   1. Print outs made by Liberty OneSteel of documents and records of the Customer kept in or reproduced from electronic form or otherwise shall be binding and conclusive evidence of the matter and/or matters alleged by Liberty OneSteel or the Customer as the case may be.
8. No assignment
   1. The Customer shall not in any circumstances assign its rights under this Agreement
9. Amendments and Termination
   1. OneSteel reserves the right to change any term of this Agreement on forty eight (48) hours prior written notice
   2. Notwithstanding any other term, this is Agreement terminates automatically and without penalty, or any cause of action against Liberty OneSteel arising, if Liberty OneSteel, in its absolute discretion decides to withdraw the Website Service to all of its Customers
   3. The Customer's obligations concerning the use of the User ID and passwords and the indemnities in this Agreement survive the termination of this Agreement
10. Incorporation of Liberty OneSteel Website Terms and Conditions
    1. The Customer acknowledges and agrees the Website Service is accessed through www.libertyonesteel.com which is owned and operated by Liberty OneSteel and which contains its own website terms and conditions (the "Liberty OneSteel Website Terms and Conditions"). The Liberty OneSteel Website Terms and Conditions form part of this Agreement. In the event of any inconsistency between the terms of this Agreement and the Liberty OneSteel Website Terms and Conditions, the terms of this Agreement will prevail to the extent of any inconsistency in relation to the use of the Website Service.
    2. All personal information collected by Liberty OneSteel is held in accordance with the Liberty OneSteel Privacy Policy (as amended from time to time), which can be accessed at www.libertyonesteel.com
11. Accuracy of information and Confidentiality
    1. Liberty OneSteel will, subject to its usual website uploading protocols, use reasonable endeavours to provide information on the Website Service which is accurate, complete and up to date
    2. The Customer must not and must ensure its Nominated Personnel do not without the prior written consent of Liberty OneSteel, disclose any information of a confidential nature provided under or in connection with the Website Service ("Confidential Information") except to the extent such disclosure is necessary for the performance of this Agreement, the performance by the Customer or its Nominated Personnel of their work duties or as required by law or the rules of any stock exchange
12. Entire Agreement
    1. This Agreement constitutes the entire Agreement between the Parties
13. Governing Law
    1. This Agreement is governed by the laws in force in New South Wales and is governed by the jurisdictions of the Courts of New South Wales