Terms of Use

This description applies to the Website owned by Mitsubishi Heavy Industries Australia, Pty. Ltd. ("MHIAU") and operated by MHIAU or its representative ("the Website"). Your access to the Website and your use of the information, text, graphics, materials, software (including third party software), and other content available on the Website ("Website Material") is subject to these legally binding terms and conditions ("Website Terms").
Please read the Website Terms as described below before you use the Website. By using the Website, you agree to the legally bound by these conditions.
The Website Terms may be subject to change. For such change, MHIAU will insert the revised version of this document for your confirmation on the latest requirements.
The Website is linked with other websites operated by MHIAU and its affiliated companies. If you access any of these linked websites, you are required to agree to the relevant conditions stipulated on the relevant website.

1. Copyright and Trademark Rights

The copyright to the Website Material is either owned by MHIAU and its affiliated companies or third parties that have licensed their material to MHIAU and is protected under the copyright laws of the relevant countries, treaties and any other applicable laws and regulations ("the Copyright Laws"). An individual is prohibited from using, copying, modifying or distributing the Website Material beyond the extent authorized by the Copyright Laws, without obtaining a prior written approval by MHIAU.
The trademarks, logos and service marks used on the Website are either owned by MHIAU and its affiliated companies or third parties that have licensed their material to MHIAU. No license or right to use such trademarks, logos and service marks used on the Website is granted to any customer of MHIAU. You are prohibited to use, divert and reproduce such trademarks, logos and service marks without MHIAU's written approval.

2. Prohibitions

You are prohibited from the following when accessing and using the Website:

(1)

Infringing or threatening to infringe MHIAU's or any third party's intellectual property rights or privacy;

(2)

Causing or threatening to cause any loss or damage to any third party or MHIAU;

(3)

Acting or threatening to act against public order and morals;

(4)

Committing or threatening to commit a crime or any act leading to a crime;

(5)

Making any false application or notice including registration of the electronic mail address of any other person;

(6)

Making or preparing to make any business activity or profit-making activity;

(7)

Injuring the honor or credit of MHIAU or any third party;

(8)

Using or providing, or threatening to use or provide any harmful software program including computer viruses;

(9)

Hacking into the Website, MHIAU's computer systems, or the computer systems of other users of the Website. For the purposes of this clause, hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website;

(10)

Violating or threatening to violate any laws ordinances and regulations, including the distribution of defamatory material; and

(11)

Other activities against MHIAU or any third party that MHIAU determines in its sole discretion to be inappropriate.

3. Warranty, exemptions and disclaimer

(1)

MHIAU takes reasonable care in disclosing the material in the Website. However, MHIAU does not warrant nor represent that the Website Material is accurate, useful, secure or suitable for the purposes of users, or safe (against errors or hazards including computer virus), except as otherwise provided under applicable laws. To the full extent permitted by law, MHIAU has no responsibility for any damages arising from or in connection with your access to and your use of the Website. All terms implied by law, except those that can not be lawfully excluded, are excluded.

(2)

The Website Material may be subject to change without notice. The operation of the Website may be suspended or terminated. MHIAU shall not be liable for any damages arising from or in connection with such change in the information on the Website or such suspension or termination of operation of the Website for any reason.

(3)

Any Website Material relating to the finance and management of Mitsubishi Heavy Industries Australia, Pty. Ltd. and its affiliated companies on the Website is offered with no provision of guarantees or any assertion as to its accuracy.

(4)

You agree that your access to, and use of, the Website and Website Material is subject to these Website Terms (which incorporate MHIAU's Privacy Policy and all applicable laws), and is at your sole risk.

4. Limitation of liability

(1)

To the fullest extent permitted by law, neither MHIAU nor its affiliates, subsidiaries, related bodies corporate, directors, officers, employees, agents, contractors, successors or assigns (collectively "MHIAU's Related Bodies") will be liable for any damages, economic loss or other loss whatsoever arising out of, or in any way related to, the use or access of the Website or the Website Material. This limitation applies to direct, indirect, consequential, exemplary, incidental, special, punitive or any other losses or damages that you or others may suffer, as well as damages for loss of profits, goodwill, use, business interruption or the loss of data or information.

(2)

The limitation of MHIAU's liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if MHIAU has been notified of the possibility of such loss or damage. You agree that MHIAU's and MHIAU's Related Bodies' liability, if any, to you at law will be reduced by the extent, if any, to which you contributed to the loss.

5. Indemnity

• You indemnify MHIAU and MHIAU's Related Bodies in respect of any liability incurred by MHIAU and/or MHIAU's Related Bodies for any loss, cost, damage or expense however caused, or suffered by MHIAU and/or MHIAU's Related Bodies as a result of your breach of these Website Terms.

6. Link Sites

(1)

Any website of a third party, other than MHIAU, that is linked from or to the Website ("Link Site") is not operated by MHIAU and MHIAU is not responsible for the condition or content of those websites as they are not under MHIAU's control . Such Link Site should be accessed and used under the relevant use conditions specified on the Link Site, and such access is at your own risk. MHIAU has to the full extent permitted by law no responsibility for any damages arising from or in connection with the access to or use of such Link Site.

(2)

An external website may link to the Website or the Website Material, provided that the linking party agrees to these Website conditions and the following "linking conditions"

(a)

MHIAU takes no responsibility for any damages arising from or in connection with linking with the Website.

(b)

The information or URL on the Website is subject to change without notice.

(c)

It is absolutely prohibited to link a website with the Website that may lead to infringement of the property rights or any other rights possessed by MHIAU or its affiliated companies or interference with MHIAU's business activities.

(d)

It is absolutely prohibited to link to the Website from any website or mail (electronic or otherwise), which contains the following:

• - Information against public order and morals;
• - Illegal information;
• - Pornographic contents; and
• - Information to abuse or defame MHIAU or its affiliated companies.

(e)

Linking with the Website does not represent or imply any contractual relationship between MHIAU and such linking party.

7. How to Handle Personal Information on the Website

You are encouraged to review MHIAU's Privacy Policy, which forms part of these Website Terms.

8. Overseas Access

The Website may be accessed throughout Australia and overseas. MHIAU makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

9. General

(1)

These Website Terms are not subject to any terms proposed by you unless those terms are expressly accepted by MHIAU in writing.

(2)

Failure of either party to enforce any rights it has under these Website Terms will not be construed as a waiver of those rights, nor a limitation on the party's ability to subsequently exercise those rights.

(3)

If any provision of these Website Terms is held to be void, invalid or unenforceable, then that provision is severed to the minimum extent required, and the remaining provisions will remain in full force and effect.

10. Governing Law and Jurisdiction

Unless otherwise provided, the access to and the use of the Website, and the application and construction of these conditions for use shall be governed by the laws of the state of Victoria, Australia.
Unless otherwise provided, any dispute arising from or in connection with the access to and use of the Website shall finally be settled in the courts of Victoria, Australia.

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