1. You must agree to these Terms of Use
These terms of use (Terms of Use) contain important information about this Australia Xinhai Mining Services Pty Ltd Partner Portal. To continue using this Portal you must agree to these Terms of Use by ticking the box below.
2. Definitions
Unless otherwise specified or required by the context, any reference in this Portal to:
(a) Australia Xinhai Mining Services Pty Ltd means the subsidiary established by Shandong Xinhai Mining Technology & Equipment Inc. in Australia, and includes:
(i) any related body corporate of Australia Xinhai Mining Services Pty Ltd;
(ii) any unincorporated joint venture in which Australia Xinhai Mining Services Pty Ltd or any related body corporate of Australia Xinhai Mining Services Pty Ltd has a participating interest of not less than 50%; and
(iii) Corporate or unincorporated joint venture managed by Australia Xinhai Mining Services Pty Ltd or any related body corporate of Australia Xinhai Mining Services Pty Ltd.
(b) You or your means the relevant person or entity that is accessing all or part of this Portal.
3. General
Australia Xinhai Mining Services Pty Ltd has introduced this Portal to allow businesses to view expressions of interest (EOIs) for goods and/or services required by Australia Xinhai Mining Services Pty Ltd from time to time, and to allow eligible businesses (i.e., those that have completed the registration process) to submit responses to those EOIs.
Australia Xinhai Mining Services Pty Ltd may invite selected suppliers to respond to a request for quotation or proposal, at our discretion.
Registering for prequalification, uploading or posting a response to an EOI does not guarantee that Australia Xinhai Mining Services Pty Ltd will invite you to respond or that you will be awarded a contract. Australia Xinhai Mining Services Pty Ltd reserves its absolute discretion in respect of these matters.
If you are successful in your response, you must still satisfy Australia Xinhai Mining Services Pty Ltd’s other conditions before supplying goods/services, including completion of a supplier qualification assessment (at your cost).
You, as one of Australia Xinhai Mining Services Pty Ltd’s potential business partners, play a vital role in helping us deliver on our promises.
You must ensure that you comply or otherwise act in a manner consistent with Australia Xinhai Mining Services Pty Ltd’s policies on safety, environmental protection, business integrity and supplier conduct, as provided to you or published on our website from time to time.
4. You must keep your account details safe
When or if Australia Xinhai Mining Services Pty Ltd provides you with a user identification code, password, or other piece of information as part of Australia Xinhai Mining Services Pty Ltd’s security procedures to enable you to access areas of this Portal or other content or services, you must treat such user identification code, password, and information as confidential and not disclose them to any other person.
Australia Xinhai Mining Services Pty Ltd reserves the right to disable any user identification code or password, whether chosen by you or allocated by Australia Xinhai Mining Services Pty Ltd, at any time, if in Australia Xinhai Mining Services Pty Ltd’s reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than yourself has become aware of your user identification code or password, you must promptly notify Australia Xinhai Mining Services Pty Ltd.
5. What Australia Xinhai Mining Services Pty Ltd may do
Australia Xinhai Mining Services Pty Ltd:
(a) may amend these Terms of Use in its absolute discretion at any time by publishing a revised version of the Terms of Use on this Portal. Every time you wish to use this Portal, please check these Terms of Use to ensure you understand the terms that apply at that time;
(b) does not guarantee that this Portal, or any content on it, will always be available or be uninterrupted. Australia Xinhai Mining Services Pty Ltd may suspend, withdraw or restrict the availability of all or any part of this Portal in its absolute discretion at any time; and
(c) may update and change this Portal in its absolute discretion at any time.
6. Using this Portal
When using this Portal and participating in any prequalification or EOI made available on this Portal you must not:
(a) create or impersonate another person or entity, or misrepresent your or their authority to act;
(b) make any false or misleading claim, statement or other representation;
(c) violate any applicable laws, including laws regarding the offering of bribes or inducements;
(d) do anything which will or might disrupt access to, or interfere with the proper operation of this Portal, or any transaction being conducted on it;
(e) misuse this Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
(f) attempt access to any part of this Portal that is restricted from general access or which you do not have access to, the server on which this Portal is stored or any server, computer or database connected to this Portal;
(g) attack this Portal via a denial-of-service attack or a distributed denial-of-service attack;
(h) upload, post or send any 'spamming material' or any other form of bulk communication;
(i) undermine or attempt to undermine the security or integrity of the computing systems or networks associated with this Portal or Australia Xinhai Mining Services Pty Ltd IT systems;
(j) attempt to decompile, or reverse-engineer any part of this Portal;
(k) do anything which breaches or infringes Australia Xinhai Mining Services Pty Ltd’s intellectual property rights in any way; or
(l) upload or post any content in violation of applicable laws or the rights of any other person, including material which is protected by copyright, material that is defamatory, threatening or obscene, or material protected by trade secrets or privacy.
If Australia Xinhai Mining Services Pty Ltd, in its reasonable opinion, believes you have breached or attempted to breach any of these provisions, Australia Xinhai Mining Services Pty Ltd reserves the right to:
·report this to the relevant law enforcement or regulatory authorities (if appropriate) and will co-operate with those authorities, including the disclosure of any personal or business information you have provided to us (including your identity) if requested; and
·immediately remove your access to and right to use this Portal and prevent you from re-registering.
7. Indemnity and exclusion of liability
To the maximum extent permitted by law, Australia Xinhai Mining Services Pty Ltd:
(a) excludes all implied conditions, warranties, representations or other terms that may apply to this Portal or any content on it; and
(b) will not be liable to you for any loss or damage (including for any indirect or consequential loss) whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:
(i) access to, termination of access to, use of or inability to use this Portal;
(ii) use of, or reliance on, any content displayed on this Portal; and
(iii) breach of these Terms of Use or any other legal obligation you have, and you agree to release, indemnify and hold harmless Australia Xinhai Mining Services Pty Ltd (and its directors, employees, agents, contractors and related entities) from and against any such loss or damage suffered.
8. Intellectual property
Australia Xinhai Mining Services Pty Ltd is the owner or the licensee of all intellectual property rights in this Portal, and in any content published on it. You must not reproduce, alter, modify or disseminate any part of the content of this Portal (including any trademarks or logos) without the prior written consent of Australia Xinhai Mining Services Pty Ltd. All intellectual property rights are expressly reserved by their respective owner. In the event of a breach of this provision, your right to use this Portal will cease immediately.
9. Links from this Portal
Where this Portal contains links to other websites and resources provided by third parties (which Australia Xinhai Mining Services Pty Ltd may amend from time to time), these links are provided for your information only and such links should not be interpreted as endorsement or approval by Australia Xinhai Mining Services Pty Ltd of the content of those linked websites or resources or information you may obtain from them. Australia Xinhai Mining Services Pty Ltd has no control of those websites and resources and will not be responsible for the security, content, accuracy or otherwise of those websites or resources or information obtained from them.
10. Linking to this Portal
You are not permitted to establish a link to this Portal in any website without the prior written consent of Australia Xinhai Mining Services Pty Ltd, such consent being in Australia Xinhai Mining Services Pty Ltd’s absolute discretion and on whatever terms and conditions Australia Xinhai Mining Services Pty Ltd may think appropriate. Australia Xinhai Mining Services Pty Ltd reserves the right to withdraw any consent granted without notice.
11. Do not rely on information on this Portal
Although Australia Xinhai Mining Services Pty Ltd makes reasonable efforts to update the information on this Portal, the content is provided for general information purposes only. Australia Xinhai Mining Services Pty Ltd makes no representations, warranties, or guarantees, whether express or implied, that the content on this Portal is accurate, complete, or up to date.
12. Privacy Statement
Australia Xinhai Mining Services Pty Ltd will process personal information that you upload or post to this Portal (including as part of your registration or in your responses to EOIs) in accordance with applicable Australian privacy and data protection laws, including the Privacy Act 1988 (Cth).
13. Release of Business Details
You grant Australia Xinhai Mining Services Pty Ltd the right to share information relating to your business, in particular business contact details and capability information that has been provided through the portal (Business Information) to other companies within Australia Xinhai Mining Services Pty Ltd's supply chain. These companies may use your Business Information to contact you regarding additional opportunities to provide goods or services to them as part of the broader Australia Xinhai Mining Services Pty Ltd supply chain.If the Business Information includes individual contact details of your owners or staff members (which is personal data), you must ensure that those individuals are aware that their contact details may be released to other companies within Australia Xinhai Mining Services Pty Ltd’s supply chain in accordance with this clause. Please notify Australia Xinhai Mining Services Pty Ltd in writing at info@xinhaiaustralia.com if you do not want to share your Business Information.
14. Rights you are giving us to use material you upload or post to this Portal
You grant to Australia Xinhai Mining Services Pty Ltd a worldwide, irrevocable, non-exclusive, royalty-free licence to use, edit, reproduce, adapt, publish, translate and distribute by any existing or future means any information/material you provided to us through this Portal for the purpose of evaluating your capability to supply goods and services to Australia Xinhai Mining Services Pty Ltd and to enable Australia Xinhai Mining Services Pty Ltd to collect, store and analyse this information/material for the purposes of internal analysis and reporting. Any external reports we prepare from the information you have provided to us will only contain non-identifying aggregated information.
15. Viruses Disclaimer
Australia Xinhai Mining Services Pty Ltd does not guarantee that this Portal will be secure and free from bugs or viruses. You should use your own virus protection software. You are responsible for configuring your information technology, computer programmes and platform to access this Portal.
16. Governing Law
These Terms of Use and your registration are governed by the laws of Western Australia. You agree to submit to the non-exclusive jurisdiction of its courts.
17. Where Portal is hosted
This Portal is hosted in Alibaba Cloud (Aliyun) Network Services, Singapore.
1800017888
info@xinhaiaustralia.com
