Terms of Use
& Platform Conditions
The rules that govern access to Bowen Basin Index, business listings, user accounts, Project Watch, advertising, submissions and other BBI services.
Clear rules for using an industry platform.
These Terms of Use (“Terms”) govern access to and use of Bowen Basin Index (“BBI”, “we”, “us” or “our”), including the website at bowenbasinindex.com.au, the BBI business directory, Project Watch, accounts, listing submissions, advertising services and related functionality that refers to these Terms.
By creating an account, submitting or claiming a listing, submitting content, purchasing a service, clicking an acceptance mechanism where provided, or otherwise using BBI in a manner that forms a contract under applicable law, you agree to these Terms. If you do not agree, do not use any feature that requires acceptance of these Terms.
These Terms set the conditions on which BBI permits use of the platform. They do not remove any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.
About these Terms
These Terms apply to users who browse BBI, businesses appearing in or managing directory profiles, registered account holders, content submitters, advertisers and other persons using BBI services.
Some BBI services may have additional conditions, including accepted advertising proposals, insertion orders, campaign briefs, paid-feature terms or other written agreements. If a specific written agreement expressly conflicts with these Terms, that specific agreement prevails for the relevant service to the extent of the inconsistency.
BBI's Privacy Policy explains how personal information is handled and should be read with these Terms.
About Bowen Basin Index
BBI is an independent Queensland-focused industrial directory and industry-information platform. It is designed to help users discover businesses and follow relevant mining, engineering, infrastructure, energy, manufacturing, transport and industrial activity.
Unless BBI expressly agrees otherwise in writing for a particular service, BBI:
- is not the employer, principal, agent, broker or representative of any listed business or user;
- does not act as a procurement authority or tendering authority;
- does not negotiate, award, supervise or administer contracts between users and listed businesses;
- does not provide engineering, legal, financial, investment, taxation, safety or procurement advice through general platform content;
- is not responsible for work performed, goods supplied or services delivered by third parties discovered through BBI.
Eligibility, authority and business use
You must have legal capacity to enter into any agreement you form with BBI. If you use BBI on behalf of a company, partnership, employer or other organisation, you represent that you have authority to act for that organisation in relation to the relevant use.
BBI is primarily a business-to-business platform. If you are a consumer for the purposes of the Australian Consumer Law, nothing in these Terms limits non-excludable consumer rights.
You must not create an account, claim a listing or submit material while falsely representing that you are authorised by another person or business.
Business listings and directory information
Directory profiles may originate from:
- business submissions;
- claimed or business-managed listings;
- publicly available company information;
- company websites and public business pages;
- industry research and public directories;
- other lawful industry sources and contributions.
BBI may edit, standardise, categorise, format, summarise or supplement listing information for directory consistency, readability, searchability, moderation and platform presentation, provided that BBI does not intentionally create a false or misleading representation.
A listing's presence does not guarantee that every detail is current. Businesses change names, staff, service areas, licences, certifications, ownership, phone numbers, websites and capabilities. Users must independently verify information that matters to a decision.
Claimed and business-managed listings
BBI may allow an authorised representative to claim or manage an existing business profile. BBI may request reasonable information to verify authority before granting, transferring or restoring management access.
A person managing a listing is responsible for taking reasonable steps to keep submitted profile information accurate and current. You must promptly correct information you know is materially inaccurate or misleading.
BBI may refuse or delay a claim, update or ownership transfer where identity or authority is unclear, competing claims exist, fraud or security concerns arise, or additional information is reasonably required.
Verified listings
A “Verified” designation indicates that a business has actively confirmed or updated information with BBI, or has otherwise completed the verification process BBI applies at the relevant time.
A Verified designation does not constitute:
- technical certification or independent audit of capability;
- confirmation that licences, registrations or insurance remain current;
- safety accreditation or assessment;
- financial or credit approval;
- performance guarantee;
- recommendation, endorsement or approval by BBI.
BBI may change verification criteria or remove a verification indicator if information becomes outdated or the applicable criteria are no longer met.
Supplier assessment and due diligence
BBI assists with discovery. It does not replace supplier prequalification, engineering judgement, commercial review or procurement due diligence.
Before engaging a business, users should independently assess matters relevant to their work, which may include:
Decisions to invite, shortlist, engage, reject or contract with any supplier remain decisions of the relevant user or buyer.
Project Watch and industry content
Project Watch and other BBI editorial material are provided for general industry-information and awareness purposes. Information may be compiled from company announcements, government sources, public project documents, ASX releases, approvals, media releases and other sources considered relevant.
Project status, scope, cost, programme, procurement strategy, contractor involvement, approvals, timing and investment values can change. BBI may summarise or contextualise source material and does not guarantee that a published article remains current after publication.
Do not rely on BBI as the sole source for tender deadlines, bid conditions, investment decisions, contractual commitments, technical design decisions or regulatory requirements. Verify material information with the project owner, tender authority, regulator, original announcement or other authoritative source.
Unless expressly stated otherwise, general BBI content is not engineering, financial, investment, legal, taxation or other professional advice.
Advertising, sponsorship and promoted content
BBI may offer advertising, sponsorship, enhanced visibility, featured placements and other promotional services. Promotional content may be identified using labels such as “Sponsored”, “Featured”, “Promoted”, “Partner” or similar wording where appropriate.
An advertiser is responsible for ensuring that material it supplies, and claims made in that material, are accurate, substantiated where required, lawful and do not infringe third-party rights.
Payment for advertising does not convert a business into a BBI-approved supplier and does not alter the meaning of a Verified designation.
BBI may reasonably reject, pause or remove advertising that is unlawful, misleading, technically unsafe, incompatible with platform requirements, materially inconsistent with an accepted campaign, or reasonably likely to damage users or the integrity of BBI. Where practicable, BBI will discuss material campaign changes with the advertiser.
User accounts and credentials
You are responsible for information supplied through your account and for taking reasonable steps to protect usernames, passwords and other credentials under your control.
You must:
- provide materially accurate account information;
- not share credentials in a manner that creates unauthorised access;
- notify BBI promptly if you reasonably suspect unauthorised account access;
- not use another person's account without permission;
- comply with reasonable security steps imposed by BBI.
BBI may require a password reset, re-authentication or additional verification where reasonably necessary for security or account ownership.
User, business and advertiser content
“Submitted Content” means information, text, logos, photographs, graphics, capability statements, advertisements, links, project information, comments, documents and other material you provide to BBI.
When submitting content, you represent that, to the best of your knowledge:
- you have the rights and authority needed to submit and authorise BBI's use of the content;
- the content is not materially false, misleading or deceptive;
- the content does not unlawfully infringe copyright, trade mark, confidentiality, privacy or other rights;
- any testimonial, certification, licence, award, performance or capability claim is supportable where required;
- the content does not contain malware, malicious code, unlawful material or hidden tracking not authorised by BBI;
- you have obtained any permissions reasonably necessary for personal information, photographs or third-party material you submit.
BBI may request supporting evidence for a material claim and may decline to publish a submission if reasonable concerns remain unresolved.
Licence to use Submitted Content
You retain ownership of intellectual property that you own in Submitted Content.
By submitting content for publication or service delivery, you grant BBI a non-exclusive, worldwide, royalty-free licence, for the period reasonably necessary to provide and promote the relevant BBI service, to host, store, reproduce, format, resize, adapt for layout, communicate, publish and display that content:
- on the BBI website and directory;
- in BBI search results, category and location pages;
- in social-media or promotional material relating to the relevant BBI listing, article, campaign or platform;
- through contractors and service providers that assist BBI to operate those services.
This licence does not transfer ownership of your trade marks, logos or original material to BBI. After removal of content, copies may remain temporarily in backups, caches, records or historical materials where reasonably necessary.
To the extent permitted by law, you consent to reasonable formatting, cropping, resizing, excerpting and editorial acts necessary to present Submitted Content through BBI, provided those acts are not intended to falsely attribute or materially misrepresent your content.
Intellectual property and database rights
Unless otherwise stated, BBI owns or is licensed to use the BBI name, branding, website design, original written content, original graphics, software configuration, page structure, curated taxonomy, database compilation, Project Watch summaries and other original platform material.
Third-party names, logos, photographs, trademarks and source material remain the property of their respective owners. Their appearance on BBI does not imply ownership by BBI.
Subject to these Terms, BBI grants users a limited, non-exclusive, non-transferable and revocable permission to access publicly available BBI material for legitimate business research, supplier discovery and ordinary website use.
Except as permitted by law or with BBI's written permission, you must not reproduce, republish, commercially redistribute, sell, license or create a substitute directory or data product from a substantial part of BBI's original or compiled content.
Acceptable use
You must not use BBI to:
- break any applicable law or encourage unlawful conduct;
- impersonate another person, business or authority;
- submit fraudulent, materially inaccurate or misleading information;
- harass, threaten, defame or unlawfully discriminate against another person;
- upload malware, malicious scripts, corrupted files or harmful code;
- probe, bypass or interfere with authentication, rate limits, access controls, security systems or technical restrictions;
- attempt unauthorised access to accounts, databases, servers or administrative functions;
- send unlawful spam, phishing or deceptive solicitations;
- collect personal information in a way that breaches privacy, spam, surveillance or other applicable laws;
- misuse BBI branding or falsely imply endorsement, partnership or affiliation;
- use the platform in a way that materially degrades service for other users.
Scraping, harvesting and automated extraction
BBI invests in compiling and presenting a specialist industrial directory. Except for ordinary search-engine indexing conducted in accordance with BBI's technical instructions or where BBI gives written permission, you must not use automated systems to extract or replicate BBI data at scale.
Without written permission, prohibited automated or systematic activity includes:
- bulk scraping or crawling of directory profiles;
- mass harvesting of telephone numbers, email addresses or business contacts;
- copying substantial portions of BBI taxonomy, listings or Project Watch data into another database;
- using bots to bypass pagination, access controls, rate limits or anti-abuse measures;
- using BBI content as a bulk dataset to train, fine-tune, benchmark or populate a competing directory, lead-generation system or commercial AI/data product.
Limited manual use of publicly visible information for genuine supplier research is permitted. Nothing in this clause restricts rights that cannot lawfully be restricted, including statutory exceptions under applicable intellectual-property law.
Third-party websites, services and links
BBI links to business websites, government pages, project sources, social networks and other third-party services. Those services are independently operated unless expressly stated otherwise.
BBI does not control and is not responsible for the continuing availability, security, privacy practices, terms, products, services or content of an independent third-party service.
A link is provided for convenience, attribution, further research or directory functionality and does not by itself amount to endorsement of the linked party.
Fees, paid services, GST and payment
Standard directory access or listing options may be offered without charge, while BBI may also offer paid advertising, enhanced visibility, sponsorship, promotional or other commercial services.
The price, scope, campaign period, deliverables, payment timing, cancellation rights and other service-specific conditions for a paid service may be stated on the website, in a quote, invoice, order form, insertion order or other written agreement.
Unless stated otherwise, prices are in Australian dollars. GST will be dealt with as required by Australian law and the applicable quote or tax invoice.
You must pay valid invoices by the agreed due date. BBI may suspend an unpaid paid service after reasonable notice where payment is overdue, subject to any rights or restrictions under applicable law.
Refunds, credits and cancellations are determined by the applicable service terms and law. Nothing in these Terms creates a “no refund” rule that overrides rights available under the Australian Consumer Law.
Australian Consumer Law
Statutory rights come first.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth), including Schedule 2 (the Australian Consumer Law), or other applicable legislation.
Where BBI supplies services and a statutory guarantee applies, users retain the remedies provided by law.
Where permitted by section 64A of the Australian Consumer Law in relation to services not ordinarily acquired for personal, domestic or household use or consumption, and where it is fair and reasonable to do so, BBI's liability for failure to comply with an applicable consumer guarantee may be limited to:
- supplying the affected services again; or
- paying the cost of having the affected services supplied again.
This limitation applies only to the extent the law permits it and does not operate where reliance on the limitation would not be fair or reasonable or where another statutory restriction applies.
Availability, maintenance and service changes
BBI may update, maintain, improve, replace or discontinue website features from time to time. Planned or unplanned outages can occur because of maintenance, hosting, security events, software updates, third-party providers, network conditions or circumstances beyond BBI's control.
BBI does not promise uninterrupted or error-free availability unless a separate written service level commitment expressly says otherwise.
Where a material change affects a paid service already purchased, BBI will act reasonably and in accordance with the applicable agreement and non-excludable rights, which may include providing a substitute, credit, rescheduling or other remedy where appropriate.
Moderation, rejection and suspension
BBI may review, edit, reject, unpublish, restrict or remove content, listings or account access where BBI reasonably considers this necessary because:
- these Terms have been materially breached;
- content appears materially inaccurate, deceptive, defamatory, unlawful or infringing;
- a listing is duplicated, obsolete, closed or no longer relevant;
- there is a credible ownership, identity, privacy or intellectual-property dispute;
- security, spam, fraud or platform-abuse concerns arise;
- payment for a paid service is materially overdue after required notice;
- action is reasonably necessary to comply with law, court order, regulatory request or legal process.
Where practicable and appropriate, BBI may provide notice or an opportunity to address the issue before permanent action. Immediate restriction may be used where reasonably necessary to protect users, security, legal rights or platform integrity.
Nothing in this clause gives BBI a right to exercise a contractual discretion dishonestly, capriciously or contrary to applicable law.
Disclaimers
Subject to non-excludable rights and to the maximum extent permitted by law, BBI does not warrant that publicly supplied or third-party-derived information is complete, current, accurate or suitable for a particular commercial, technical or investment purpose.
In particular, BBI does not independently guarantee:
BBI may correct information after publication. The existence of an error does not mean BBI knowingly published false information. Users and businesses are encouraged to report suspected inaccuracies promptly.
Limitation of liability
This clause applies only to the maximum extent permitted by law and is subject to section 18 of these Terms and all non-excludable statutory rights.
To the extent permitted by law, BBI is not liable for loss caused solely by a user's failure to independently verify a listed supplier, third-party statement, project update, external website or other information that these Terms expressly state should be independently checked.
To the extent permitted by law, BBI excludes liability for indirect, special or consequential loss that was not reasonably foreseeable as a result of BBI's breach, and for loss of opportunity, anticipated profit or business arising from decisions made solely in reliance on directory or editorial information.
For a paid BBI service, where liability can lawfully be limited and the limitation is not unfair or otherwise prohibited, BBI's aggregate contractual liability arising from that specific paid service will not exceed the fees actually paid to BBI for the affected service during the 12 months preceding the event giving rise to the claim.
The preceding cap does not apply to liability that cannot lawfully be capped, and does not limit liability to the extent caused by BBI's fraud, wilful misconduct or any other matter for which exclusion or limitation is prohibited by law.
Indemnity
To the extent permitted by law, you indemnify BBI against third-party claims, liabilities, losses and reasonable external legal costs to the extent they are caused by:
- your material breach of these Terms;
- your unlawful or fraudulent use of BBI;
- Submitted Content that infringes a third party's intellectual-property, privacy or other legal rights where you did not have authority to provide it;
- a materially false or misleading claim you supplied for publication or advertising;
- your negligent or wilful act or omission in connection with your use of BBI.
This indemnity is reduced to the extent a loss was caused or contributed to by BBI's own breach, negligence, unlawful conduct or other act for which BBI is responsible. BBI will take reasonable steps to mitigate recoverable loss.
Disputes between users and third parties
Contracts for engineering, construction, supply, labour, equipment, consulting or other work are made between the relevant users and third parties, not with BBI, unless BBI is expressly identified as a contracting party in a separate written agreement.
BBI is not responsible for negotiating or resolving disputes about price, payment, scope, workmanship, delays, defects, intellectual property, safety, employment, procurement or performance between users and listed businesses.
BBI may choose to assist with directory corrections or investigate misuse of the platform, but doing so does not make BBI a party to the underlying commercial relationship.
Privacy
BBI's handling of personal information is described in the Privacy Policy & Data Handling Notice.
Users who submit personal information about another individual are responsible for ensuring they have an appropriate basis or authority to provide it and for complying with any privacy obligations that apply to them.
Complaints and disputes with BBI
If you have a concern about a listing, paid service, account, intellectual-property issue or these Terms, contact BBI first and provide enough information for the issue to be understood.
The parties should, where reasonable, attempt in good faith to resolve a dispute through direct communication before commencing court proceedings, except where urgent injunctive relief, a statutory complaint, debt recovery, limitation period or other urgent legal step makes prior informal resolution impracticable.
Termination and account closure
You may stop using BBI at any time. Account holders may request account closure through the available account tools or by contacting support.
BBI may suspend or terminate an account or service on the reasonable grounds described in these Terms, including serious or repeated breach, fraud, security risk, unlawful conduct, non-payment of an applicable paid service or where continued provision is no longer legally or technically practicable.
Termination does not affect accrued payment obligations, rights or liabilities arising before termination, or provisions that by their nature are intended to continue, including intellectual-property protections, appropriate content licences for existing records, liability provisions, dispute provisions and governing law.
Governing law
These Terms are governed by the laws in force in Queensland, Australia.
Subject to any non-excludable statutory right to bring a matter elsewhere, the parties submit to the jurisdiction of courts of Queensland and courts competent to hear appeals from them.
Nothing in this clause prevents a user from exercising a right to complain to the ACCC, a fair trading body, the OAIC or another regulator or tribunal where that right exists under applicable law.
Changes to these Terms
BBI may update these Terms to reflect changes in law, platform functionality, services, security requirements or business practices.
The current version will be published on this page with an updated date. Where a change is material to an existing paid service or continuing contractual relationship, BBI will provide reasonable notice where required by law or reasonably practicable.
A change will not retrospectively remove accrued rights or remedies that cannot lawfully be removed. If you do not agree to materially revised Terms, you should stop the affected use before the revised Terms take effect, subject to obligations already incurred under an existing paid service agreement.
General provisions
Severability
If part of these Terms is invalid or unenforceable, it is to be read down where possible and the remainder continues to operate to the extent permitted by law.
No waiver
A failure or delay in enforcing a right does not by itself waive that right.
Assignment
You must not transfer a paid BBI agreement without consent where the transfer would materially affect BBI. BBI may transfer its rights and obligations as part of a genuine business restructure or sale, subject to law and without reducing non-excludable rights.
Entire agreement
For the relevant BBI service, these Terms together with applicable accepted quotes, order forms and incorporated policies form the agreement between the parties, subject to representations and rights that cannot lawfully be excluded.
Electronic communications
You agree that contractual notices and service communications may be provided electronically where permitted by law, including by email or through an account interface.
Headings
Headings are for convenience and do not limit the meaning of a provision.