Portal Terms and Conditions

1. INTRODUCTION
1.1 These terms and conditions apply to the use of the Intermodal Customer portal (Portal).
1.2 In using the Portal for any purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Portal.
1.3 If you use the Portal on behalf of your employer, a company or other legal entity, you warrant that you have full legal authority to bind that entity to these terms and conditions and the entity on whose behalf you are entering into these terms and conditions will be bound by these terms and conditions.
1.4 These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Portal and the Aurizon website (Website).
2. TERMINOLOGY
2.1 In these terms and conditions, the expressions we, us and our are a reference to Aurizon Operations Limited ACN 124 649 967 and our subsidiaries, holding companies and related bodies corporate.
3. REGISTRATION
3.1 In order to be able to access the information and services offered via the Portal, you must become a registered user. Registration is accessed by completing the online registration form within the Portal.
3.2 We reserve the right to terminate your registration at any time if you breach these terms and conditions.
3.3 You agree to ensure that your registration details are true and accurate at all times. You must notify us of any change to the registration details as originally supplied.
3.4 Upon registration, you will be provided with a password and account designation. You must not disclose any user ID, password or other log in information to any person.
4. DISCLAIMER
4.1 We do not make any representation or warranty that your access to this Website will be uninterrupted, timely or error free.
4.2 To the maximum extent permitted by law, we do not accept responsibility for any cost, loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Portal, the Website or any Linked Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Portal.
4.3 No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we cannot ensure the security of any information which you transmit to us. We do not accept responsibility or liability of any nature for losses you may sustain as a result of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on the Portal or the Website. Accordingly, any information which you transmit to us is transmitted at your own risk.
4.4 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification to you on the Portal and/or the Website. Your continued use of the Portal following such notification will represent an agreement by you to be bound by the terms and conditions as amended. You should therefore review the entire terms and conditions on each occasion that you access the Portal.
4.5 Access to the Portal may be terminated at any time by us without notice. These terms and conditions will nevertheless survive any such termination.
5. INDEMNITY
5.1 You agree to indemnify us and our directors, officers, agents, employees, representatives, advisers, contractors and consultants against all liabilities, damages, actions, claims, losses, costs and expenses which we may incur to a third party or you as a result of your use of the Portal or the Website, your connection to the Portal or the Website, your breach of these terms and conditions or a breach of these terms and conditions by any person using your password or ID, whether or not you have authorised that person to use your password or ID.
6. SPECIFIC WARNINGS
6.1 You must ensure that your access to the Portal and/or the Website is not illegal or prohibited by laws which apply to you.
6.2 You must take your own precautions to ensure that the process which you employ for accessing the Portal does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Portal, the Website or any linked Website.
6.3 While we have no reason to believe that any information contained on the Portal or the Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Portal or the Website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Portal or the Website.
6.4 Responsibility for the content of advertisements appearing on the Portal or the Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
7. COPYRIGHT
7.1 Copyright in the Portal and the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party.
7.2 Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar laws which apply in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website (including the Portal); or
(b) commercialise any information, products or services obtained from any part of the Website (including the Portal),
without our written permission.
8. TRADE MARKS
8.1 The Portal and the Website includes registered trade marks owned by us (or our licensors) and trade marks that are the subject of applications for registration by us (or our licensors) including, but not limited to 'Aurizon'.
8.2 You must not use any of our trade marks:
(a) in or as the whole or part of your own trade marks or business name or company name;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages us or our information, products or services (including the Portal or the Website).
8.3 You must not authorise or assist any person to do any of the acts specified above.
9. RESTRICTED USE
9.1 You must not make any copies, print, memorise, or in any manner reproduce, copy or reverse engineer any (or any part) of the content on the Portal or the Website, except with our express authority or as may be strictly necessary to enable the proper conduct of the business relationship between us and you.
9.2 You also must not on sell information obtained from the Portal or the Website without our written permission.
10. LINKED WEBSITES
10.1 This Website may contain links to other websites operated by third parties (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained.
10.2 We are not responsible for the content or privacy practices associated with Linked Websites.
10.3 Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
11. PRIVACY POLICY
We undertake to comply with the terms of our Privacy Policy which can be accessed at: http://www.aurizon.com.au/Pages/PrivacyStatement.aspx.
12. GOVERNING LAW
These terms and conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
13. GENERAL
13.1 We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
13.2 If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
13.3 If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.