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Capacity Trading

User Agreement

Terms and Conditions

This agreement (the Agreement) contains the terms and conditions that govern your access to and use of the website located at [http://capacitytrading.apa.com.au] (Website). You may only access and use the Website after reading and agreeing to the terms and conditions set out in this Agreement.

1. Website Operator

This website is operated by APT Pipelines Limited ACN 009 666 700 (APA). APA enters into this Agreement for the benefit of each of its 'Related Bodies Corporate' (as that term is defined in the Corporations Act 2001 (Cth)) (each an APA Entity).

2. Website Content

(a) The information published on the Website (Website Content) is provided by users (each a Website Participant) who wish to buy or sell contractual entitlements to gas transportation capacity in respect of transmission pipelines. The Website Content is not intended to be an exhaustive listing of all transportation capacity available to be bought or sold.

(b) APA does not review, verify or assess Website Content before it is published on the Website.

(c) The Website Content is intended to provide guidance for Website Participants in identifying potential counterparties with whom they may wish to negotiate a bilateral trade and is not intended to be relied upon. Website Participants who rely on the Website or any Website Content do so at their own risk. The Website is not of market settlements quality.

(d) You acknowledge that APA retains control over the Website and reserves the right to:

1. cease operating the Website;

2. restrict, suspend or cancel access to the Website; or

3. edit, restrict or remove any Website Content, at any time, for any reason.

(e) The publication of information on the Website does not amount to an endorsement by APA of that information or of any Website Participant.

3. Security

You acknowledge that, despite APA’s best efforts, the security of information which you may publish on the Website cannot be guaranteed. APA does not warrant or guarantee the security of any Website Content and you agree that if you contribute information to the Website, you do so at your own risk. You also acknowledge and agree that notwithstanding clause 5 of this Agreement, APA is not responsible for the information handling practices of third parties who access personal information published on the Website.

4. APA's liability

(a) To the extent permitted by law, neither APA nor any APA Entity:

  1. makes any representations (express or implied) as to the availability of the Website or the currency, accuracy or completeness of the Website Content; and

  2. will be liable, whether in contract, tort (including negligence) under statute or otherwise, to any user of the Website in respect of any loss or damage (whether arising directly or indirectly) suffered in connection with the use of, or inability to access or use, the Website.

(b) Nothing in this Agreement, limits APA’s rights (or the rights of an APA Entity, as applicable) under any other agreement between the parties or any relevant laws.

(c) This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, APA’s liability is limited to re-supplying the services the subject of this Agreement.

5. Privacy

(a) APA will use any personal information collected as a consequence of your use of the Website in accordance with its Privacy Policy which is available at: http://www.apa.com.au/globalelement/privacy-policy.aspx. The Privacy Policy sets out the purposes for which APA collects personal information, likely overseas disclosures, information about how you may access and seek correction of personal information held by APA, information about how to complaint to APA about a breach of the Australian Privacy Principles, and how APA will deal with such a complaint.

(b) You:

  1. agree that you will not use or disclose any personal information published on the Website for any purpose other than bilateral trading of contractual capacity entitlements through the Website; and

  2. acknowledge and agree that:

    (A) personal information that you enter into APA Grid for capacity trading purposes, including personal contact names and telephone numbers, will be made available to the public; and

    (B) if you do not provide all of the personal information requested, you may not be able to use the Website.

6. General

(a) The terms of this Agreement will be governed by the laws of Queensland and each party submits to the jurisdictions of the courts of Queensland.

(b) If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

(c) The terms of this Agreement may be altered at any time and any alterations will take effect once published on the Website.

By clicking 'I Agree' and proceeding to view the Website Content, you acknowledge and agree that you have read and understood and agree to be legally bound by the terms of this Agreement.