Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the Fortescue web site located at www.fortescue.com, and all associated sites linked to www.fortescue.com by Fortescue and its subsidiaries and affiliates, including Fortescue sites around the world (collectively, the "Site"). The Site is the property of Fortescue Ltd ("Fortescue") and its licensors. Your use of the Site, and any information that appears on the Site, constitutes your acceptance of the Terms of Use and our Privacy Policy.
Fortescue reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. You accept that by doing this, Fortescue has provided you with sufficient notice of any changes and amendments. It is your responsibility to check these Terms of Use for changes each time you visit the Site. Your continued use of the Site following the publication of changes will mean that you accept and agree to the changes.
Disclaimer
Whilst every effort has been made to ensure that the information provided on the Site is correct at the date of inclusion, Fortescue does not warrant that it is complete, accurate or up to date. Nor do we warrant that accessing our Site will not cause damage or that the Site or any documents or links accessed using the Site are free from computer viruses or destructive features. Fortescue disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. To the maximum extent permitted by law, Fortescue and its affiliates, directors, employees, contractors, agents and assigns will not be liable for any damages, equity or statutory damages or compensation, indirect, incidental, special or consequential damages or loss of profits whatsoever arising out of any reliance on the information, use or access of this Site or any part of it, or any Linked Sites.
By accessing the Site, you accept that Fortescue makes no undertakings to provide access to the Site at any particular time, or for any particular length of time. You agree that Fortescue will not be held liable for any lapse in the Site’s activity, or any consequences whatsoever that flow from the unavailability of the Site.
The exclusions and limitations contained in these Terms of Use apply only to the extent permitted by law.
Indemnity
You agree to indemnify and hold Fortescue, its officers, directors, shareholders, predecessors, successors, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorney’s fees), made against Fortescue by any third party due to or arising out of or in connection with your use of the Site.
Share Price
Fortescue’s share price is obtained from the Australian Stock Exchange. Please be aware there are delays in updating the share price on our Site. You should contact the Australian Stock Exchange directly for the updated share price. Should you be contemplating making investment decisions, we urge you to take independent professional advice.
No information contained on the Site constitutes or shall be deemed to constitute an invitation or inducement to invest or otherwise deal in the shares or any other securities of Fortescue, any affiliate of Fortescue, any other person, or to engage in any investment activity, and must not be relied upon in connection with any investment decision.
Copyright
You acknowledge that the material, images and videos on the Site are the subject of copyright and that they are the subject of other intellectual property and legal rights (including third-party rights). Subject to your compliance with these Terms of Use, Fortescue grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Unless stated otherwise in these Terms of Use, you are not permitted to reproduce or alter the Site, or copy, distribute or provide a link to its contents, for any other purpose, without the prior written consent of Fortescue.
The images in the Media Gallery are made available in good faith on the basis that:
• any reproduction will acknowledge Fortescue Ltd as the source of the material
• the images or videos may not be altered in any way
• the images or videos will not be used in connection with any purpose that is detrimental or harmful to Fortescue or other third parties
• the images or videos will not be sub-licensed or resold or be made available for downloading separately, and
• you agree to indemnify Fortescue against all liabilities, loss or damage of any nature which may arise as a result of your breach of these restrictions.
Written consent is required from Fortescue to use any other images on this Site other than those in the Media Gallery.
Links to other websites
This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely at the convenience of our visitors. Fortescue does not control these Linked Sites and is not responsible for, nor does it endorse, the content they provide, including any information or materials they may contain. Any interaction with these Linked Sites is at your own discretion and judgement.
Violation of these Terms of Use
You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Fortescue, for which monetary damages would be inadequate, and you consent to Fortescue obtaining any injunctive or equitable relief that Fortescue deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Fortescue may have at law or in equity.
If Fortescue does take any legal action against you as a result of your violation of these Terms of Use, Fortescue will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Fortescue.
Governing Law
You agree that all matters relating to your access to or use of the Site and these Terms of Use, including all disputes, will be governed by the laws of Western Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Western Australia.