Terms of Service

1. Website Terms and Conditions of Use

By accessing the Website, you agree fully with these Terms.
By accessing the Website, you represent and warrant that you are 18 years of age or, if you are under 18 years of age, that you have parent or legal guardian consent to access the Website.
If a person accesses the Website on behalf of any entity, that person represents and warrants that they are authorised to accept these Terms on that entity’s behalf.
These Terms do not alter in any way the terms or conditions of any other agreement or arrangement you may have with FFCRC in respect of any products, services or otherwise.
FFCRC may change or modify these Terms, or the content and layout of its Website, at any time. Any changes or modifications will be effective immediately, without any prior notice to you.
You confirm your acceptance of any changes or modifications to these Terms by doing any of the following after the changes or modifications are made:
- accessing the Website; and
- accessing information and materials on the Website.

2. Definitions

In these Terms unless the contrary intention appears:

‘FFCRC’ means Future Fuels CRC Limited ABN 89 627 721 448;
‘Terms’ means these Website Terms and Conditions of Use; and
‘Website’ means the websites and any other form of media of FFCRC that link to these Terms.

3. Interpretation

In these Terms unless the contrary intention appears:

the singular includes the plural and vice versa;
a gender includes all other genders;
where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
a reference to a person includes any corporation, partnership, joint venture, trust, association, government, or public authority and vice versa;
a reference to a clause or annexure is to a clause of or annexure to these Terms;
a reference to a request or notice means a request or notice in writing;
a reference to any party to this or any other document includes the party’s successors and permitted assigns;
a reference to a document is to that document as amended, novated, supplemented, varied or replaced from time to time and includes any annexures, schedules and appendices to that document, except to the extent prohibited by that document;
a reference to any legislation or legislative provision includes any statutory modification, substitution or re-enactment and any subordinate legislation issued under that legislation or provision;
a reference to conduct includes any act, omission, representation, statement or undertaking whether or not in writing;
mentioning anything after include, includes or including does not limit what else might be included;
a reference to a person that comprises two or more persons means those persons jointly and severally;
the headings are for convenience only and do not affect the interpretation of these Terms;
a reference to a month means a calendar month; and
a reference to time means New South Wales time.

4. Use of Website

You must not:

use the Website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
use the Website to post or transmit any material which is defamatory, obscene, indecent, inflammatory or pornographic or which prevents any other person from using or enjoying the Website;
make fraudulent requests through the Website;
use another person’s details on the Website;
tamper with or hinder the operation of the Website;
transmit any viruses or defects or similar disabling or malicious code to the Website;
use the Website other than in accordance with these Terms; or
attempt any of the above acts or engage or permit another person to do any of the above acts.

5. Acknowledgements

You acknowledge and agree that:

FFCRC cannot and does not warrant that the Website is free from any errors, viruses or defects;
FFCRC will not be liable for any loss or damage suffered as a result of any errors, viruses or other defects on the Website;
FFCRC makes no representation or warranty that the Website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur your computer system;
you must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system;
whilst FFCRC strives to protect all information and materials you may make available on the Website, FFCRC does not warrant, and cannot ensure, the security of any information and materials which you may transmit; and
any information and materials transmitted by you is transmitted at your own risk.

6. Information and Materials

FFCRC does not warrant the accuracy, currency, reliability or completeness of the information and materials contained on the Website.
The information and materials contained on the Website are not intended to be recommendations or advice. Before following or acting on any information or materials contained on the Website, you should independently assess the validity of its that information. The information contained on the Website should not be used as a substitute for independent, professional advice.

7. Third Party Content

The Website may display information, materials, content, advertisements and promotions from third parties (collectively, ‘Third Party Content’).
FFCRC does not control, endorse or adopt any Third Party Content.
FFCRC makes no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy, quality suitability, or completeness.
You acknowledge and agree that:
- your interactions with third parties providing Third Party Content are solely between you and such third parties; and
- FFCRC is not responsible or liable in any manner for such interactions, or Third Party Content.

8. Intellectual Property

Elements of the Website are protected by trade marks, copyright and other laws. These intellectual property rights may be owned by FFCRC or by a third party. Nothing you do in relation to the Website will transfer any intellectual property rights to you, or license you any intellectual property rights, in and to the Website, unless expressly stated.
All registered trade marks used on the Website are used with the permission of the relevant trade mark owner. You must not use any trade marks without the prior, specific, written permission of its owner.
All rights (including copyright and moral rights) in the content, layout and compilation of the Website and online pages, images, text, graphics, logos, buttons, videos, audio and software (including all object source and machine readable code) are owned or controlled for these purposes, and are reserved, by FFCRC. You must not:
- copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), upload, transmit, post, distribute, show or play in public, adapt or change in any way, the Website or its contents except as expressly provided for; or
- reproduce, re-use, re-transmit, adapt, publish, broadcast or distribute the copyright material for any purposes whatsoever without or prior written permission.

9. Privacy Policy

If you provide personal information to FFCRC via the Website, FFCRC will treat that information in accordance with FFCRC’s obligations under the Privacy Act 1988 (Cth) and the FFCRC Privacy Policy.
For details of the FFCRC Privacy Policy, please go to the following link: https://www.futurefuelscrc.com/privacy.

10. Limitation of Liability

FFCRC does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Website or any linked website.
FFCRC does not accept any responsibility for any such loss arising out of your use of, or reliance on, information and materials contained on or accessed through the Website.
If any law implies any condition or warranty on FFCRC, and that legislation prohibits FFCRC from excluding or modifying the application of, or FFCRC’s liability under, any such condition or warranty, that condition or warranty will be deemed included but FFCRC’s liability will be limited for a breach of that condition or warranty, to the extent permitted by that law, and at FFCRC’s option, to the resupplying of information and materials on the Website.
To the extent permitted by law, FFCRC is not liable to you (and any party claiming through you) for:
- any claim made under, or in connection with, a contract, in tort, under statute, in equity or otherwise in respect of:
  - defects whatsoever in information and materials published on the Website; or
  - viruses, malicious computer code or other forms of interference arising from or in connection with use of the Website; or
  - the loss, damage or injury to person or property arising from or caused from such defects in information and materials, viruses, malicious computer code or other forms of interference;
- any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the information and materials published on the Website or by viruses, malicious computer code or other forms of interference arising from or in connection with use of the Website where such loss or damage includes:
  - any loss of income, profit or business; or
  - any loss of goodwill or reputation.

11. Indemnity

You will indemnify and keep indemnified and hold FFCRC harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by FFCRC, and from and against all actions, proceedings, claims or demands made against FFCRC, arising from one or more of the following:

your failure to comply with any laws, rules, standards, regulations or instructions applicable in relation to the Website;
any negligence or breach of duty by you and your employees, agents or contractors in relation to the information and materials on the Website;
your use of the Website; and
you, or any person to whom you provide the information and materials you viewed on the Website, suffering loss as a result of viewing information and materials in the Website.

12. General

These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. The parties submit to the jurisdiction of the Courts of New South Wales and the Commonwealth of Australia. Any proceeding brought in the Federal Court of Australia must be instituted in its New South Wales District Registry.
All rights under these Terms are in addition to and do not abrogate, limit or reduce any other rights that FFCRC may have.
Any provision of these Terms that is invalid, unenforceable or illegal must be read down to the extent necessary to avoid that effect. If that is not possible, that provision must be excluded from these Terms but only to the extent necessary to avoid that effect. All other provisions of the Terms continue to be valid and enforceable.
A right or obligation under these Terms cannot be waived except by written notice by the party waiving that right or obligation and specifying the waiver.
These Terms record the entire agreement between the parties as to its subject matter. Any prior negotiations, agreements, arrangements, representations and understandings related to the subject matter of these Terms are superseded by these Terms.