Terms of Use

By using the Port of Melbourne Corporation's Port Capacity Website (Website), you agree to comply with these Terms of Use. The Port of Melbourne Corporation (we, us, our) may change these Terms of Use at our discretion and without notice. By continuing to use this Website you accept the Terms of Use as they apply from time to time.

Intellectual property rights

Unless otherwise indicated, we own the copyright and other intellectual property rights in the content of this Website. Please do not infringe those rights. While you may browse or print the content for internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of the Website for any other purpose.

All trade marks appearing on this Website belong to their respective owners.

Representations of new container terminal

This Website may contain visual, acoustic, artistic and other representations of what the Port of Melbourne will look like during various stages, up to and including completion of the Port Capacity Project, based upon the information available to us at the time.

The proposed 'above ground' structures at Webb Dock East and within the container storage area will be specified and built by the successful respondent to the Port Capacity Project tender and as such, you acknowledge that our representations of the physical appearance of these proposed structures are only based on current industry examples and our desired outcomes.

The final design and configuration of the new container terminal, the substance and scale of noise walls, landscaping and representations of future terminal operations and other features of the Port Capacity Project may change and we make no representations or warranties that our Website contains accurate representations of what the Port of Melbourne or any specific features of the Port Capacity Project, including the super-structures at Webb Dock East, will look like at any given point in time.

Liability

Although we aim to ensure the content on this Website is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. We may change the content on this Website at any time without notice. Also, as the internet is inherently insecure, we cannot guarantee the security of data contained on the Website.

The Website and its content are provided entirely "as is". We exclude all implied conditions and warranties with respect to the Website and its content, excluding any implied condition or warranty the exclusion of which would breach any statute or cause any part of this paragraph to be void.

Your use of this Website, and your reliance on its content, is entirely at your own risk. In particular, to the extent permitted by law, we exclude our liability to you (including because of our negligence) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of our Website or its content. For all other types of loss, our total liability to you (including because of our negligence) resulting from your use of this Website or its content is limited in aggregate to $1.

If, despite the previous two paragraphs, a court says that we are liable to you, that liability will be limited (at our election) to either re-supplying the affected service or content to you or refunding what you have paid us for it.

Third party links

This Website may contain links to other sites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content.

We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.

Password secrecy

We may issue you with a username and password to enable you to access particular features on this Website. You must keep those details confidential (and you are responsible for their misuse if you do not).

Posting comments

This Website may enable you to post comments and other materials such as text, pictures, audio, video or a combination of these (for example, on blogs, forums or other public areas). You are responsible for all comments and material that you post (or that are posted using your username and password).

You must not post or otherwise upload any comment or material that:

• is inflammatory (commonly referred to as 'trolling');
• is xenophobic, racist, abusive, harassing or hateful;
• is false, defamatory, inaccurate, threatening, invasive of a person's privacy, or constitutes personal abuse directed at other users;
• is obscene, sexually explicit or pornographic, or contains links to other sites that contain or promote obscene, sexually explicit or pornographic material;
• constitutes commercial advertising, the promotion of gambling or the promotion of your own site (commonly referred to as 'spamming');
• infringes someone else's copyright; or
• violates any Australian law.

By posting or otherwise uploading any comments or materials onto this Website, you grant us a perpetual, nonexclusive, sub-licensable, worldwide, royalty-free licence to retain, store, republish, copy, reproduce, edit and otherwise use your comments or materials in any form for any purpose related to the Port Capacity Project or for any other purposes.

We reserve the right (but will not be required) to review, reformat, reject or delete in whole or in part any comments or material which you post or otherwise upload that, in our opinion, breaches these Terms of Use or any applicable laws and regulations, may violate the rights of any person.

Application of Terms of Use

These Terms of Use only apply to the use of this Website. Although registration for access to the Procurement Website takes place through this Website, these Terms of Use do not apply to use of the Procurement Website. Use of the Procurement Website is governed by the process rules accepted by registered respondents during the registration process and any other rules, requirements and policies specifically set out by us as being applicable to use of the Procurement Website.

Applicable law

These Terms of Use, and your use of our Website, are governed by the laws of Victoria, Australia.

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