Terms & Conditions
This website is owned by and has been prepared by PCF MinesOnline.com Pty Ltd (MinesOnline). This website www.minesonline.com (including its contents) (Website) is not intended to constitute advice of any kind, and it should not be viewed as an offer, solicitation or recommendation to buy, sell or hold any mining project, financial product or property of any kind. MinesOnline is a corporate authorised representative of PCF Capital Group Pty Ltd (AFSL 291385). In these recitals and the Sections entitled, “No Warranty”, “Limitation of Liability”, “Disclaimer” and “Indemnity”, a reference to MinesOnline is deemed to include a reference to TSX Inc. who, for the purposes of such clauses, may enforce this Agreement directly against you.
Your access to, use of, linking to the Website, use of software or downloading software on the Website (Access) 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).
No Warranty
If you subscribe to the Website (Service), MinesOnline does not guarantee that any Service provided by MinesOnline will help you achieve any outcome. MinesOnline makes no warranty that the Service will meet your requirements, be timely and secure or error-free. This Service is provided by MinesOnline on an "as is" and “as available” basis, and MinesOnline expressly disclaims any and all warranties, express or implied, including without limitation warranties for a particular purpose, with respect to the Service.
Limitation of Liability
In no event shall MinesOnline be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service.
MinesOnline will not conduct any negotiations on behalf of you in relation to any interest you may have to any projects posted on the Website. MinesOnline recommends that you seek independent legal, commercial and technical advice with respect to any negotiations with the vendors of the respective projects (Vendors) on the Website. Although parties that post projects on the Website (the Vendors) have represented and warranted to MinesOnline that they are the registered holder and beneficial owner of the project and that they are entitled to and have taken all necessary action authorising it to advertise, sell, assign and transfer the full legal and beneficial ownership of the project to any purchaser on such terms as may be agreed (without restriction), MinesOnline nonetheless makes no representation or warranty to you that the Vendor is the authorised owner of the project or has the rights to sell or negotiate a transaction in relation to the project. MinesOnline makes no representation or warranty that the Vendor is of good character or that you will be dealt with fairly by the Vendor. Interested parties should seek their own legal, commercial and technical advice in this regard.
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.
Disclaimer
MinesOnline does not conduct any due diligence or verify the information contained on the Website. Accordingly, MinesOnline makes no representation, warranty or guarantee, express or implied, concerning the Website’s contents. Except to the extent that liability cannot be excluded, MinesOnline and its associated entities accept no liability for any loss or damage caused by any error in, or omission from, the Website or for the Website not being available at any particular time.
No content on this Website should be construed as financial product advice, whether personal or general, for the purposes of Section 766B of the Corporations Act. MinesOnline and its associates declare that they provide advice and deal in securities as part of their business and consequently may have a relevant interest in the securities of a company named on the Website. MinesOnline declares that it may have acted as an underwriter, arranger, co-arranger or advisor in equity capital raisings, and may have received a fee for its services, for any company mentioned on the Website.
This website and PCF Mines Online.Com Pty Ltd 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 MinesOnline, or its website www.mineonline.com.au.
If you agree to use the Service on the Website MinesOnline does not guarantee that any Service provided by MinesOnline will help you achieve any outcome and makes no warranty that the Service will meet your requirements, be timely and secure or error-free. This Service is provided by MinesOnline on an "as is" and “as available” basis and MinesOnline expressly disclaims any and all warranties, express or implied, including without limitation warranties for a particular purpose, with respect to the Service.
The content on or made available through the Websites is for informational purposes only and is not intended to provide legal, accounting, tax, investment, financial or other advice and such content should not be relied upon for such advice.
MinesOnline is a joint venture with TSX Inc. You acknowledge and agree that MinesOnline is not a marketplace within the meaning of National Instrument 21-101 as adopted by the various provincial securities commissions of Canada.
Registration and Account Obligations
In consideration of your use of the Service, 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 other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by 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 (or any portion thereof).
If you are a new user you will receive a password and account designation upon completing 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. 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. MinesOnline cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Subscriber Conduct
You understand that all information, data, text, photographs, graphics, or other materials (Content) whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MinesOnline, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Website. MinesOnline does not control the Content posted via the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MinesOnline be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Termination
You agree that MinesOnline may, under certain circumstances and without prior notice, immediately terminate your MinesOnline account and access to the Service. Cause for termination will include, but is not limited to:
(a) breaches or violations of these Terms and Conditions or other agreements and guidelines;
(b) requests by law enforcement other government agencies;
(c) a request by you;
(d) discontinuance or material modification to the Service (or any part thereof);
(e) unexpected technical or security issues or problems; and
(f) expiry of the Subscription Period.
Termination of your MinesOnline account includes removal of access to all offerings within the Service; and barring further use of the Service. Further you agree that all terminations for causes shall be made in MinesOnline’s sole discretion and that MinesOnline shall not be liable to you or any third party for any termination of your account or access to the Service.
Fees and charges
MinesOnline may charge an annual flat fee for the provision of the above Service only. All fees will be payable from an accepted credit card via the online portal. At the sole and absolute discretion of MinesOnline, the fee may be subject to change and can be waived in its entirety should a promotional period be conducted by MinesOnline, as is currently the case.
The above fees, if any, are in respect of the Service only. If MinesOnline or its associate, PCF Capital Group Pty Ltd, is requested to conduct further 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.
If fees are payable this engagement will cease to exist upon expiry of the subscription period, being twelve (12) months (Subscription Period) from the date that full payment is received by MinesOnline. Subscribers to the MinesOnline website may be notified in advance of the expiry date to ensure continuity of the Service.
In the event that the engagement is terminated before the expiry of the Subscription Period, refunds will be made at the sole and absolute discretion of MinesOnline and will be payable only upon written request. If granted, a refund will be payable only in a pro-rata amount for the remaining period of the subscription. A refund will not be granted in the event that a user’s Service is terminated due to misleading, deceptive, illegal or unauthorised activities or MinesOnline has reasonable grounds to suspect misleading, deceptive, illegal or unauthorised activities.
MinesOnline’s Proprietary Rights
The materials 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 and other intellectual property laws unless expressly indicated otherwise on the Website.
You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these General Conditions or with the express prior written consent of MinesOnline.
You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Website Content in any way; modify or make derivative works based upon the Service or the Website Content; create Internet "links" to the Service or "frame" or "mirror" any Website Content on any other server or wireless or Internet-based device; or reverse engineer or access the Service in order to; build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Service, or copy any ideas, features, functions or graphics of the Service.
You may view the Website using your web browser and save an electronic copy, or print out a copy, of parts of this Website solely for your own personal use and information, but only if you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).
You must not use the Website 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 the General Conditions.
Linking to or from Third Party Websites
The Website also contains third party advertisements including banner ads, third party logos and information, material and documents relating to or provided by third parties (Third Party Material). The Third Party Material may contain embedded hyperlinks to web sites operated by third parties or their licensees or contractors (Third Party Websites).
MinesOnline does not recommend or endorse the products or services of those third parties. In some instances, the Third Party Material will contain representations or offers by the third party which you can accept by linking to the third party’s website and executing the relevant transaction. Such offers are not made by MinesOnline and the third party is solely responsible to you for the delivery of any goods or services you purchase on the Third Party Website.
MinesOnline do 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, nor do they accept any responsibility arising in any way (including negligence) for errors in, or omissions from such Third Party Material, Third Party Websites, linked sites or subsequent sites.
Indemnity
You agree to indemnify and hold MinesOnline, and its directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the content you submit, post to or transmit through the Website, your use of the Website, your connection to the Website, your violation of these terms and conditions or your violation of any rights of another.
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 has reasonable time to consider if the offending material will be removed from the website.
MinesOnline Privacy Policy
Subscription data and other information about each Subscriber is subject to MinesOnline’s Privacy Policy and you consent to MinesOnline using and disclosing your personal information in accordance with the Privacy Policy. For more information, see our full Privacy Policy. 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.
Entire Agreement
These General Conditions constitute the complete agreement between the parties and no duties or obligations of MinesOnline or related entities shall be implied. These 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 you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.
Waiver and Severability of Terms
The failure of MinesOnline to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and 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.
Acceptance of Terms
MinesOnline may make changes to this website and its contents at any time and without notice. Your continued use of this Website after any such changes constitutes your acceptance of any changes to the terms and conditions of use.