Terms & Conditions
Website
This website “www.minesonline.com” (including its contents) (Website) is owned by and has been prepared by MinesOnline.com Pty Ltd (MinesOnline). These Terms and Conditions apply to users of the Website.
The Website and any Content (as defined below) that you may have access to without subscribing to any service provided by MinesOnline, is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Website (General Conditions).
MinesOnline may change any part of the General Conditions at its sole discretion.
User Conduct
You acknowledge and agree that you are responsible for all of your activity in connection with accessing and using the Website.
You must not use the Website for any activity that is unlawful or illegal. You must not bypass any security mechanisms imposed by the Website.
You agree that should you find any offending information on Website, you will immediately email enquiries@minesonline.com and ask that it be removed. This includes any content that could reasonably be regarded as likely to be defamatory, misleading or deceptive, or which would amount to illegal or unauthorised activities. You also agree that MinesOnline is to have a reasonable time to consider if the offending material will be removed from the Website.
By using the Website, you are representing to MinesOnline that you have the power and authority to accept the General Conditions, that you are capable of assuming, and do assume, any risks related to the use of the Website and the Content, and that you understand and accept the terms, conditions and risks relating to their use. If you are dissatisfied with the Website or the Content, your sole and exclusive remedy is to stop using them.
Modifications to Service
MinesOnline reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. MinesOnline shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website to the extent permitted by law.
The Website is subject to change without notice. MinesOnline reserves the right to change or discontinue any feature on the Website (including any Content (as defined below)), hours of availability and equipment or software required for access.
MinesOnline’s Proprietary Rights
The material displayed on the Website, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Website (Content), are protected by copyright, trade mark (registered or unregistered) and other intellectual property laws unless expressly indicated otherwise on the Website.
MinesOnline retains all exclusive rights it has in relation to the Website, the Content, and any materials developed or created by MinesOnline as part of the Website.
The Website and the Content are subject to copyright under the laws of Australia, and through international treaties, the laws of other countries. The copyright is owned by MinesOnline, or in the case of some of the Third Party Materials (as defined below), by third parties. The materials on the Website may not be reproduced, copied, transmitted, adapted or used in whole or in part for any purpose not approved by MinesOnline in writing.
Market Information
MinesOnline will not conduct any negotiations on your behalf in relation to any interest you may have in selling, acquiring, or otherwise dealing with any interest in a project posted on the Website. MinesOnline recommends that you seek independent legal, commercial and technical advice with respect to your proposed use of any information you obtain from the Website.
Although the vendor of each of the projects listed on the Website (Project Vendor) will have represented and warranted to MinesOnline that it is the registered holder and beneficial owner of its project and that it is entitled to and has taken all necessary action authorising it to advertise, sell, assign, transfer the full legal and beneficial ownership of its interest in the project to a purchaser on such terms as may be agreed (without restriction), you acknowledge and agree that MinesOnline makes no representation or warranty to you that:
(a) a Project Vendor is the authorised owner of the project or has the rights to sell or negotiate a transaction in relation to its interest in the project; or
(b) the Project Vendor is of good character or that you will be dealt with fairly or in good faith by the Project Vendor.
You acknowledge and agree that you will seek your own legal, commercial and technical advice in regard to your interest in any such project.
Third Party Material and Third Party Websites
The Website contains third party advertisements including banner ads, third party logos and information, material and documents relating to or provided by third parties, including Project Vendors (Third Party Material). The Third Party Material may contain embedded hyperlinks to websites operated by third parties or their licensees or contractors (Third Party Websites). In some instances, the Third Party Material will contain representations or offers which you can accept by linking to the relevant Third Party Website and executing the relevant transaction.
MinesOnline does not control the Third Party Material posted via the Website or the Third Party Websites. As such, you acknowledge and agree that:
(a) by using the Website, you may be exposed to Third Party Material or a Third Party Website that is misleading, deceptive, incomplete, inaccurate, out of date, offensive, indecent or otherwise objectionable;
(b) any offers contained within Third Party Material or on Third Party Websites are not made or recommended by MinesOnline and the relevant third party is solely responsible to you for the delivery of any goods or services you purchase on the Third Party Website;
(c) MinesOnline does not give any representation or warranty as to the reliability, accuracy or completeness of any Third Party Material on the Website, Third Party Websites, linked sites, or subsequent sites and no endorsement is intended or implied by the presence of such Third Party Material on the Website;
(d) the policies described on the Website do not apply to the Third Party Websites;
(e) your linking to such Third Party Websites is entirely at your own risk;
(f) MinesOnline is not responsible for the accuracy or reliability of any information on the Third Party Websites;
(g) any Third Party Material (including, but not limited to, projects listed by Project Vendors) may be subject to change without notice to MinesOnline or to you; and
(h) under no circumstances is MinesOnline liable in any way (including in negligence) for any loss or damage of any kind incurred by you arising out of or as a direct or indirect result of the use of any Third Party Material, Third Party Websites, linked sites or subsequent sites or of any Third Party Material posted, emailed, transmitted or otherwise made available via the Website.
No Warranty
The Website and the Content are provided by MinesOnline on an "as is" and “as available” basis. MinesOnline does not guarantee that the Website or any Content will help you achieve any outcome or otherwise meet your requirements or be fit for your purposes. MinesOnline (to the extent permitted by law) expressly disclaims any and all warranties, representations, undertakings or guarantees, express or implied, with respect to the Website and the Content and any values (including, without limitation, valuations of any peer, project, transaction or resource) specified in any Content.
Limitation of Liability
You acknowledge and agree that MinesOnline:
(a) does not conduct any due diligence or verify any information, including, without limitation, any values contained on the Website;
(b) makes no representation, warranty or guarantee, express or implied, that the Website or any Content or any values (including, without limitation, valuations of any peer, project, transaction or resource) specified in any Content will meet your requirements or be fit for your purposes, be accurate, uninterrupted, available, complete, timely, secure, error-free or result in any particular valuation being achieved in relation to any stock market listing, company valuation or project transaction.
(c) does not accept any liability which may arise from your use or reliance on any part of the Website or the Content,
and you further acknowledge and agree that:
(d) the Website is not fault-tolerant or intrusion-proof and is not designed for use in high risk or mission critical activities; and
(e) the Website will have such functionality and features as MinesOnline determines to provide from time to time and MinesOnline has not made any representations that the Website will have (or continue to have) any particular functionality or feature.
To the fullest extent permitted by applicable law, none of MinesOnline, its affiliates and associates, and any of their officers, employees, representatives and agents, are liable for any loss, damage, liability, claim, cost, expense or demand of any kind whatsoever (including without limitation for any indirect, incidental, punitive or consequential loss or for loss of data) suffered or incurred by you which has arisen directly or indirectly as a result of or in connection with the Website or the Content, whether or not caused by MinesOnline’s negligence and whether or not the possibility of loss was known to MinesOnline.
You must take your own precautions to ensure that the process 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 own computer system. For the avoidance of doubt, MinesOnline does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked web site.
MinesOnline does not warrant and cannot ensure the security of any information which you transmit to MinesOnline or access on the Website. Accordingly, any information which you transmit to MinesOnline is transmitted at your own risk and any information which you access on the Website is accessed at your own risk.
In respect of any condition, warranty, representation or consumer guarantee implied or provided by law that cannot be excluded, where permitted by law MinesOnline’s liability is limited to the minimum obligations or liabilities permitted by law, unless otherwise agreed to by MinesOnline in its sole discretion.
Indemnity
You agree to indemnify and hold MinesOnline, its affiliates and associates, and their directors, officers, employees, representatives and agents, harmless from any loss, damage, liability, claim, cost, expense or demand of any kind whatsoever, including legal fees, incurred by, borne by or asserted against MinesOnline, by you or any third party (including any person who has posted details about a project on the Website) due to or arising out of any content you submit, post to or transmit through the Website, or in connection with the Website or the Content, your use of the Website, your connection to the Website, your violation of the General Conditions or your violation of any rights of another.
MinesOnline Privacy Policy
Information you provide to MinesOnline is subject to MinesOnline’s Privacy Policy. You consent to MinesOnline using and disclosing your personal information in accordance with the Privacy Policy. For more information, see our full Privacy Policy as set out in http://www.minesonline.com/privacy-policy/default.aspx. You also consent to MinesOnline disclosing your personal information to TSX Inc. for use in accordance with the TMX Group Inc. privacy policy: http://www.tmx.com/en/priv_policy.html.
General
MinesOnline is a corporate authorised representative of PCF Capital Group Pty Ltd (AFSL 291385). PCF provides advice and deals in securities as part of its business and consequently may have a relevant interest in the securities of a company named on the Website. You acknowledge and agree that PCF may act or have acted as an underwriter, arranger, co-arranger or advisor in equity or debt capital raisings or as a general corporate advisor in relation to project divestments and acquisitions and may receive or may have received a fee for its services, for any company mentioned on the Website.
The Website and MinesOnline located at Level 3, 8 Colin Street, West Perth, Western Australia 6005 have no connection with and are not licensed or authorised by or in any way associated with MineOnline, or its website www.mineonline.com.au.
MinesOnline is not a marketplace within the meaning of National Instrument 21-101 as adopted by the various provincial securities commissions of Canada.
MinesOnline is owned by PCF and TSX Inc. Either or both of PCF and TSX Inc. may directly take action against you for the purposes of enforcing the General Conditions, and a reference to MinesOnline shall be deemed to include a reference to each of PCF and TSX Inc. as may be necessary for this purpose.
MinesOnline will not be liable for any failure to perform or delay in performing its obligations under the General Conditions caused (in whole or in part) by an event beyond MinesOnline’s reasonable control including but not limited to acts of terrorism, labour shortages, labour disputes, transport delays, data-communication delays, inability to obtain products or supplies, fires, explosions, contamination, civil disobedience, mechanical breakdown, weather, acts of God, government action or regulation, failures or faults of contractors or any similar event.
You may not assign, transfer or sub-license all or any of your rights and obligations under the General Conditions.
No provision of the General Conditions shall be construed to the disadvantage of a party merely because that party was responsible for the preparation or the inclusion of the provision.
Entire Agreement
The General Conditions constitute the complete agreement between the parties with respect to your use of the Website and no duties or obligations of MinesOnline or related entities shall be implied. The General Conditions are intended to constitute a legally binding and enforceable obligation of both parties.
Governing Law
Your use of the Website and all of our legal notices will be governed by and construed in accordance with the laws of Western Australia, Australia and by using the Website and accessing the Content you irrevocably and unconditionally submit to the jurisdiction of the courts of Western Australia, Australia.
Waiver and Severability of Terms
The failure of MinesOnline to exercise or enforce any right or provision of the General Conditions shall not constitute a waiver of such right or provision. If any provision of the General Conditions is found by a court of competent jurisdiction to be invalid, you and MinesOnline agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions remain in full force and effect.
Subscriber Terms & Conditions
Subscription
This website “www.minesonline.com” (including its contents) (Website) is owned by and has been prepared by MinesOnline.com Pty Ltd (MinesOnline). These Terms and Conditions apply to subscribers of the subscription services listed in Part A of the Appendix (the Service), as may be amended by MinesOnline in its sole discretion from time to time.
Your subscription to the Service, including your access to, use of, linking to, use of software on, or downloading of software on, the Website and any Content (as defined below), is for a 12 month period commencing on the date on which payment of your Service fee is received by MinesOnline (Subscription Period). Your subscription is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Website (General Conditions), which are expressly incorporated into these Subscriber Terms and Conditions. Unless you renew your subscription prior to expiry, your login will automatically expire at the end of the relevant Subscription Period. See “Expiry and Termination” for further details. In the event of a conflict between these Subscriber Terms and Conditions and the General Conditions, the terms of these Subscriber Terms and Conditions will prevail.
MinesOnline may change any part of these Subscriber Terms and Conditions and the General Conditions at its sole discretion. If MinesOnline does so, you will be required to accept the revised Terms and Conditions before you are able to renew the Service at the end of a Subscription Period.
Registration and Account Obligations
In consideration for the supply of the Service to you, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or any other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information as required in the Service's registration form (Registration Data); and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or MinesOnline has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MinesOnline has the right to suspend or terminate your account and refuse any and all current or future use of the Service and the Website (or any portion thereof).
MinesOnline is not obliged to provide the Service to you and upon receipt of your Registration Data MinesOnline may (in its absolute discretion) refuse to provide the Service to you.
If you are a new user you will receive a password and account designation upon completing the Registration Data and the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Further, you agree to:
(a) immediately notify MinesOnline of any unauthorized use of your password or account, or any other breach of security; and
(b) ensure that you exit from your account at the end of each session.
Subscriber Conduct
You acknowledge and agree that you are responsible for all of your activity in connection with accessing and using the Website and that you must independently verify the accuracy of the information contained on the Website (including, without limitation, conducting your own due diligence into the valuation of any peer, project, transaction or resource) and its relevance to your particular circumstances before relying on it.
You must not use the Website for any activity that is unlawful or illegal. You must not bypass any security mechanisms imposed by the Website.
You agree that should you find any offending information on Website, you will immediately email enquiries@minesonline.com and ask that it be removed. This includes any content that could reasonably be regarded as likely to be defamatory, misleading or deceptive, or which would amount to illegal or unauthorised activities. You also agree that MinesOnline is to have a reasonable time to consider if the offending material will be removed from the Website.
Modifications to Service
MinesOnline reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. MinesOnline shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service to the extent permitted by law.
The Website is subject to change without notice. MinesOnline reserves the right to change or discontinue any feature on the Website (including any Content (as defined below)), hours of availability and equipment or software required for access.
MinesOnline’s Proprietary Rights
The material displayed on the Website, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Website (Content), are protected by copyright, trade mark (registered or unregistered) and other intellectual property laws unless expressly indicated otherwise on the Website.
MinesOnline retains all exclusive rights it has in relation to the Website, the Content, and any materials developed or created by MinesOnline as part of the Service.
MinesOnline grants you a non-exclusive, non-transferable licence to view, reproduce (for your own internal purposes) and access the Website and the Content (where MinesOnline has the right to grant such licence). You may view the Website using your web browser and save an electronic copy, or print out a copy, of parts of this Website. You agree that you will only use the Website and the Content for your own internal purposes regarding considering, and determining whether or not to proceed with, an acquisition or sale of or investment in a mining project (whether or not that project forms part of the Content). You must keep all Content in the same form as presented on the Website (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).
The Website and the Content are subject to copyright under the laws of Australia, and through international treaties, the laws of other countries. The copyright is owned by MinesOnline, or in the case of some of the Third Party Materials (as defined below), by third parties. The materials on the Website may not be reproduced, copied, transmitted, adapted or used in whole or in part for any purpose not approved by these Terms and Conditions, the General Conditions or by MinesOnline in writing. If you copy or disseminate any Content, you must attribute such information to MinesOnline by expressly citing MinesOnline as the source of the information.
You must not (and where applicable you must ensure that your officers, employees, agents and contractors do not) in any way, except as expressly provided for in these Terms and Conditions, the General Conditions or with the express prior written consent of MinesOnline:
(a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website, the Service or any of the Content;
(b) modify or make derivative works based upon the Website, the Service or any of the Content;
(c) create Internet “links” to the Website;
(d) modify, copy, reproduce, republish, frame, mirror, download onto a computer, upload to a third party, post, transmit or distribute the Content;
(e) reverse engineer or access the Website or the Service in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Website, the Service or the Content, or copy any ideas, features, functions or graphics of the Website, the Service or the Content; or
(f) use the Website, the Service or the Content in any manner or for any purpose which is unlawful or in any manner which violates any right of MinesOnline or which is prohibited by these Terms and Conditions or the General Conditions.
Market Information
MinesOnline will not conduct any negotiations on your behalf in relation to any interest you may have in selling, acquiring, or otherwise dealing with any interest in a project posted on the Website. MinesOnline recommends that you seek independent legal, commercial and technical advice with respect to your proposed use of any information you obtain from the Website.
Although the vendor of each of the projects listed on the Website (Project Vendor) will have represented and warranted to MinesOnline that it is the registered holder and beneficial owner of its project and that it is entitled to and has taken all necessary action authorising it to advertise, sell, assign, transfer the full legal and beneficial ownership of its interest in the project to a purchaser on such terms as may be agreed (without restriction), you acknowledge and agree that MinesOnline makes no representation or warranty to you that:
(a) a Project Vendor is the authorised owner of the project or has the rights to sell or negotiate a transaction in relation to its interest in the project; or
(b) the Project Vendor is of good character or that you will be dealt with fairly or in good faith by the Project Vendor.
You acknowledge and agree that you will seek your own legal, commercial and technical advice in regard to your interest in any such project.
Third Party Material and Third Party Websites
The Website contains third party advertisements including banner ads, third party logos and information, material and documents relating to or provided by third parties, including Project Vendors (Third Party Material). The Third Party Material may contain embedded hyperlinks to websites operated by third parties or their licensees or contractors (Third Party Websites). In some instances, the Third Party Material will contain representations or offers which you can accept by linking to the relevant Third Party Website and executing the relevant transaction.
MinesOnline does not control the Third Party Material posted via the Website or the Third Party Websites. As such, you acknowledge and agree that:
(a) by using the Website, you may be exposed to Third Party Material or a Third Party Website that is misleading, deceptive, incomplete, inaccurate, out of date, offensive, indecent or otherwise objectionable;
(b) any offers contained within Third Party Material or on Third Party Websites are not made or recommended by MinesOnline and the relevant third party is solely responsible to you for the delivery of any goods or services you purchase on the Third Party Website;
(c) MinesOnline does not give any representation or warranty as to the reliability, accuracy or completeness of any Third Party Material on the Website, Third Party Websites, linked sites, or subsequent sites and no endorsement is intended or implied by the presence of such Third Party Material on the Website;
(d) the policies described on the Website do not apply to the Third Party Websites;
(e) your linking to such Third Party Websites is entirely at your own risk;
(f) MinesOnline is not responsible for the accuracy or reliability of any information on the Third Party Websites;
(g) any Third Party Material (including, but not limited to, projects listed by Project Vendors) may be subject to change without notice to MinesOnline or to you; and
(h) under no circumstances is MinesOnline liable in any way (including in negligence) for any loss or damage of any kind incurred by you arising out of or as a direct or indirect result of the use of any Third Party Material, Third Party Websites, linked sites or subsequent sites or of any Third Party Material posted, emailed, transmitted or otherwise made available via the Service.
Expiry and Termination
The Subscription Period will terminate twelve (12) months from the date on which full payment for your subscription is received by MinesOnline (the Expiry Date). Subscribers may be notified in advance of the Expiry Date to provide opportunity for renewal and ensure continuity of the Service. Subscriptions may be renewed in advance and extend in further twelve (12) month periods upon receipt of the full payment applicable to the renewal Subscription Period, and acceptance of any revised Terms and Conditions that may be in effect at such time.
You acknowledge and agree that MinesOnline may, without prior notice, suspend or terminate your MinesOnline account and access to the Service in its sole discretion. Causes for suspension or termination include, but are not limited to:
(a) a breach of the Terms and Conditions or General Conditions where such breach is not remedied by you within 2 business days of notification to you from MinesOnline setting out details of the breach; however any use of the Website or the Service by you that is unlawful or illegal shall result in immediate termination without notice to you or time to remedy;
(b) MinesOnline is required to do so by, or considers the agreement between you and MinesOnline to be a breach of law or MinesOnline considers it necessary to do so to comply with applicable law or any international treaty, convention or sanction;
(c) MinesOnline is directed to do so by any applicable regulatory authority;
(d) a discontinuance or material modification to the Service (or any part thereof);
(e) a technical or security issue or problem; or
(e) a party’s bankruptcy or insolvency proceedings.
Termination of your MinesOnline account includes removal of access to all offerings within the Service. Further you acknowledge and agree that MinesOnline is not liable to you or any third party for any suspension or termination of your account or access to the Service. A refund will not be granted in the event that MinesOnline terminates the Service to you for cause in accordance with this section.
You may request suspension or termination of the Service at any time, but the Expiry Date will not be extended and fees paid will not be refunded except as may be agreed to in writing by MinesOnline.
Fees and charges
MinesOnline will charge an annual flat fee for the provision of the Service. At the sole and absolute discretion of MinesOnline, the Service fee (including its basis for determination) may be subject to change and applied to subsequent renewal Subscription Periods. The Service fee is payable in advance from an accepted credit card via the online portal.
MinesOnline reserves in its discretion the right to waive the Service fee in part or in its entirety should a promotional period be conducted by MinesOnline or in respect of particular subscribers of the Service.
In the event that the provision of the Service is terminated by MinesOnline before the expiry of a Subscription Period, refunds will be made at the sole and absolute discretion of MinesOnline and will be payable only upon written request. If granted, the refund payable will be equal to the pro-rata amount for the remaining time in the Subscription Period. A refund will not be granted if the Service is terminated due to a breach by you of the General Conditions or these Terms and Conditions, a request by a law enforcement or other government agency, you or your representatives accessing or using the Service to act in a manner which is misleading, deceptive, fraudulent or illegal, or MinesOnline has reasonable grounds to suspect you or your representatives are accessing the Website and using the Content or the Service in such a manner.
The above fees are for the Service only. If MinesOnline is requested to conduct work which is outside the scope of this Service, a separate contract will be entered into that outlines all facets of the proposed commercial engagement.
No Warranty
The Service and the Content are provided by MinesOnline on an "as is" and “as available” basis. If you subscribe to the Website, MinesOnline does not guarantee that the Service or any Content will help you achieve any outcome or otherwise meet your requirements or be fit for your purposes. MinesOnline (to the extent permitted by law) expressly disclaims any and all warranties, representations, undertakings or guarantees, express or implied, with respect to the Website, the Service and the Content and any values (including, without limitation, valuations of any peer, project, transaction or resource) specified in any Content.
Limitation of Liability
You acknowledge and agree that MinesOnline:
(a) does not conduct any due diligence or verify any information, including, without limitation, any values contained on the Website;
(b) makes no representation, warranty or guarantee, express or implied, that the Service or any Content or any values (including, without limitation, valuations of any peer, project, transaction or resource) specified in any Content will meet your requirements or be fit for your purposes, be accurate, uninterrupted, available, complete, timely, secure, error-free or result in any particular valuation being achieved in relation to any stock market listing, company valuation or project transaction.
(c) does not accept any liability which may arise from your use or reliance on any part of the Website or the Content,
and you further acknowledge and agree that:
(d) the Website is not fault-tolerant or intrusion-proof and is not designed for use in high risk or mission critical activities; and
(e) the Website will have such functionality and features as MinesOnline determines to provide from time to time and MinesOnline has not made any representations that the Website will have (or continue to have) any particular functionality or feature.
To the fullest extent permitted by applicable law, none of MinesOnline, its affiliates and associates, and any of their officers, employees, representatives and agents, are liable for any loss, damage, liability, claim, cost, expense or demand of any kind whatsoever (including without limitation for any indirect, incidental, punitive or consequential loss or for loss of data) suffered or incurred by you which has arisen directly or indirectly as a result of or in connection with the Service, the Website or the Content, whether or not caused by MinesOnline’s negligence and whether or not the possibility of loss was known to MinesOnline.
You must take your own precautions to ensure that the process 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 own computer system. For the avoidance of doubt, MinesOnline does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked web site.
MinesOnline does not warrant and cannot ensure the security of any information which you transmit to MinesOnline or access on the Website. Accordingly, any information which you transmit to MinesOnline is transmitted at your own risk and any information which you access on the Website is accessed at your own risk.
Without limitation to any other provision in these Terms and Conditions, to the maximum extent permitted by law, MinesOnline’s aggregate liability to you in connection with the Service will not exceed the fees that you have paid for the Service for the particular Subscription Period then in effect.
In respect of any condition, warranty, representation or consumer guarantee implied or provided by law that cannot be excluded, where permitted by law MinesOnline’s liability is limited to the minimum obligations or liabilities permitted by law, unless otherwise agreed to by MinesOnline in its sole discretion.
Indemnity
You agree to indemnify and hold MinesOnline, its affiliates and associates, and their directors, officers, employees, representatives and agents, harmless from any loss, damage, liability, claim, cost, expense or demand of any kind whatsoever, including legal fees, incurred by, borne by or asserted against MinesOnline, by you or any third party (including any person who has posted details about a project on the Website) due to or arising out of any content you submit, post to or transmit through the Website, or in connection with the Service, the Website or the Content, your use of the Website, your connection to the Website, your violation of these Terms and Conditions or the General Conditions or your violation of any rights of another.
MinesOnline Privacy Policy
Information you provide to MinesOnline is subject to MinesOnline’s Privacy Policy. You consent to MinesOnline using and disclosing your personal information in accordance with the Privacy Policy. For more information, see our full Privacy Policy as set out in http://www.minesonline.com/privacy-policy/default.aspx. You also consent to MinesOnline disclosing your personal information to TSX Inc. for use in accordance with the TMX Group Inc. privacy policy: http://www.tmx.com/en/priv_policy.html.
General
MinesOnline is a corporate authorised representative of PCF Capital Group Pty Ltd (AFSL 291385). PCF provides advice and deals in securities as part of its business and consequently may have a relevant interest in the securities of a company named on the Website. You acknowledge and agree that PCF may act or have acted as an underwriter, arranger, co-arranger or advisor in equity or debt capital raisings or as a general corporate advisor in relation to project divestments and acquisitions and may receive or may have received a fee for its services, for any company mentioned on the Website.
The Website and MinesOnline located at Level 3, 8 Colin Street, West Perth, Western Australia 6005 have no connection with and are not licensed or authorised by or in any way associated with MineOnline, or its website www.mineonline.com.au.
MinesOnline is not a marketplace within the meaning of National Instrument 21-101 as adopted by the various provincial securities commissions of Canada.
MinesOnline is owned by PCF and TSX Inc. Either or both of PCF and TSX Inc. may directly take action against you for the purposes of enforcing these Terms and Conditions and the General Conditions, and a reference to MinesOnline shall be deemed to include a reference to each of PCF and TSX Inc. as may be necessary for this purpose.
MinesOnline will not be liable for any failure to perform or delay in performing its obligations under these Terms and Conditions or the General Conditions caused (in whole or in part) by an event beyond MinesOnline’s reasonable control including but not limited to acts of terrorism, labour shortages, labour disputes, transport delays, data-communication delays, inability to obtain products or supplies, fires, explosions, contamination, civil disobedience, mechanical breakdown, weather, acts of God, government action or regulation, failures or faults of contractors or any similar event. In these circumstances MinesOnline may delay or suspend the performance of the Service without any liability to you.
You may not assign, transfer or sub-license all or any of your rights and obligations under these Terms and Conditions or the General Conditions.
No provision of these Terms and Conditions or the General Conditions shall be construed to the disadvantage of a party merely because that party was responsible for the preparation or the inclusion of the provision.
Entire Agreement
These Terms and Conditions and the General Conditions constitute the complete agreement between the parties with respect to the Service and no duties or obligations of MinesOnline or related entities shall be implied. These Terms and Conditions and the General Conditions are intended to constitute a legally binding and enforceable obligation of both parties.
Governing Law
Your use of this Service and all of our legal notices will be governed by and construed in accordance with the laws of Western Australia, Australia and by using the Website and accessing the Content you irrevocably and unconditionally submit to the jurisdiction of the courts of Western Australia, Australia.
Waiver and Severability of Terms
The failure of MinesOnline to exercise or enforce any right or provision of these Terms and Conditions or the General Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions or the General Conditions is found by a court of competent jurisdiction to be invalid, you and MinesOnline agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions remain in full force and effect.
Appendix
Part A - Subscription
The Service shall include the following:
1. the ability to view summary information on all projects listed on the Website; and
2. the ability to view a summary of the MinesOnline Market Metrics Data1 as follows:
a. The average metrics for company peers, including the market capitalisation per unit of resource, reserve and production for over 700 Australian Stock Exchange, Toronto Stock Exchange and TSX-Venture Exchange listed companies in gold, copper, nickel and iron ore.
b. Historical acquisition metrics for over 100 transactions in gold, 60 transactions in copper, [ ] transactions in nickel and [ ] transactions in iron ore over the last five years.
1 Please note that the sample sizes used for the purposes of providing the Service can and will change over time, at the sole discretion of MinesOnline. MinesOnline provides no warranty or representation that the sample size will be adequate for your purposes.
In addition, any sample size that is less than 10 in total, will be identified by way of an * at the bottom of each relevant table on the Website.