(1) Introduction
These terms of use govern your use of our
website; by using our website, you agree to these terms of use in full. If you
disagree with these terms of use or any part of these terms of use, you must
not use our website. Importantly, these terms are to be read in conjunction
with our privacy policy.
You must be at least 18 years of age to use our
website. By using our website and by agreeing to these terms of use, you
warrant and represent that you are at least 18 years of age.
Our website uses cookies. By using our website
and agreeing to these terms of use, you consent to our use of cookies in accordance
with the terms of our privacy policy.
(2) Credit
This document was created using an SEQ
Legal template.
(3)Licence to use website
Unless otherwise stated, we or our licensors
own the intellectual property rights in the website and material on the website.
Subject to the licence below, all these intellectual property rights are
reserved.
You may
view, download for caching purposes only, and print pages or other content from the website for
your own personal use, subject to the restrictions set out below and elsewhere
in these terms of use.
You must not:
(a) republish
material from this website (including republication on another website);
(b) sell,
rent or sub-license material from the website;
(c) show
any material from the website in public;
(d) reproduce,
duplicate, copy or otherwise exploit material on our website for a commercial
purpose;
(e) edit
or otherwise modify any material on the website; or
(f) redistribute
material from this website except for content specifically and expressly made
available for redistribution (such as our newsletter).
Where content is
specifically made available for redistribution, it may only be redistributed
within your organisation.
(4)
Acceptable use
You must not use our website in any way that
causes, or may cause, damage to the website or impairment of the availability
or accessibility of the website; or in any way which is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent
or harmful purpose or activity.
You must not use our website to copy, store,
host, transmit, send, use, publish or distribute any material which consists of
(or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke
logger, rootkit or other malicious computer software.
You must not conduct any systematic or
automated data collection activities (including, without limitation, scraping,
data mining, data extraction and data harvesting) on or in relation to our
website without our express written consent.
You must not use our website to transmit or
send unsolicited commercial communications.
You must not use our website for any purposes
related to marketing without our express written consent.
(5)
Restricted access
Access to certain areas of our website is
restricted. We reserve the right to restrict access to other areas of our
website, or indeed our whole website, at our discretion.
If we provide you with/you
generate a user ID and password to enable you to access restricted areas of our
website or other content or services, you must ensure that the password is kept
confidential.
You must notify us in writing
immediately if you become aware of any unauthorised use of your account or
password.
You are responsible for any
activity on our website arising out of any failure to keep your password
confidential and may be held liable for any losses arising out of such a
failure.
You must not use any other
person's user ID and password to access our website, unless you have that
person's express permission to do so.
We may disable your user ID and password at any
time in our sole discretion with or without notice or explanation.
(6) User content
In these terms of use, "your content"
means material (including, without limitation, text, images, audio material,
video material and audio-visual material) that you submit to our website, for
whatever purpose.
You grant to us a worldwide, irrevocable,
non-exclusive, royalty-free licence to use, reproduce, adapt, publish,
translate and distribute your content in any existing or future media. You also
grant to us the right to sub-license these rights and the right to bring an
action for infringement of these rights.
You warrant and represent that your content
will comply with these terms of use.
Your content must not be illegal or unlawful,
must not infringe any third party's legal rights and must not be capable of
giving rise to legal action whether against you or us or a third party (in each
case under any applicable law).
You must not submit any content to the website
that is or has ever been the subject of any threatened or actual legal
proceedings or other similar complaint.
We reserve the right to edit or remove any
material submitted to our website, or stored on our servers, or hosted or
published upon our website.
You must keep your contact information current
to ensure continued access to our website. Failing to advise Mining Assets of
any changes will result in our inability to contact you regarding listings. Listings
for which email addresses fail will be removed from our site.
You must amend your listing to reflect changes
in its availability as soon as a commercial transaction is made public or as
soon as you elect to retain the property.
Notwithstanding our rights under these terms of
use in relation to your content, we do not undertake to monitor the submission
of such content to, or the publication of such content on, our website.
(7) Limited warranties
We do not warrant the completeness or accuracy
of the information published on this website; nor do we review the content
published by the users on this website; we do not commit to ensuring that the
website remains available or that the material on the website is kept up to
date.Reliance on any information on this
site, or shared with you by us, is done so solely at your risk.
To the maximum extent permitted by applicable
law, we exclude all representations, warranties and conditions relating to this
website and the use of this website (including, without limitation, any
warranties implied by law in respect of satisfactory quality, fitness for
purpose and/or the use of reasonable care and skill).
(8) Limitations and exclusions of liability
Nothing
in these terms of use will:(a) limit or exclude our or your
liability for death or personal injury resulting from negligence; (b) limit or
exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way
that is not permitted under applicable law; or (d) exclude any of our or your
liabilities that may not be excluded under applicable law.
The
limitations and exclusions of liability set out in this Section and elsewhere
in these terms of use: (a) are subject to the preceding paragraph; and (b)
govern all liabilities arising under these terms of use or in relation to the
subject matter of these terms of use, including liabilities arising in
contract, in tort (including negligence) and for breach of statutory duty.
To the
extent that the website and the information and services on the website are
provided free of charge, we will not be liable for any loss or damage of any
nature.
We will
not be liable to you in respect of any losses arising out of any event or
events beyond our reasonable control.
We will
not be liable to you in respect of any business losses, including (without
limitation) loss of or damage to profits, income, revenue, use, production,
anticipated savings, business, contracts, commercial opportunities or goodwill.
We will
not be liable to you in respect of any loss or corruption of any data, database
or software.
We will
not be liable to you in respect of any special, indirect or consequential loss
or damage.
(9) Indemnity
You hereby indemnify us and undertake to keep
us indemnified against any losses, damages, costs, liabilities and expenses
(including, without limitation, legal expenses and any amounts paid by us to a
third party in settlement of a claim or dispute on the advice of our legal
advisers) incurred or suffered by us arising out of any breach by you of any provision
of these terms of use, or arising out of any claim that you have breached any provision
of these terms of use.
(10) Breaches of these terms of use
Without
prejudice to our other rights under these terms of use, if you breach these
terms of use in any way, we may take such action as we deem appropriate to deal
with the breach, including suspending your access to the website, prohibiting
you from accessing the website, blocking computers using your IP address from
accessing the website, contacting your internet service provider to request
that they block your access to the website and/or bringing court proceedings
against you.
(11) Variation
We may revise these terms of use
from time to time. Revised terms of use will apply to the use of our website
from the date of publication of the revised terms of use on our website.
(12) Assignment
We may transfer, sub-contract or otherwise deal
with our rights and/or obligations under these terms of use without notifying
you or obtaining your consent.
You may not transfer, sub-contract or otherwise
deal with your rights and/or obligations under these terms of use.
(13) Severability
If
a provision of these terms of use is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions will
continue in effect. If any unlawful and/or unenforceable provision would be
lawful or enforceable if part of it were deleted, that part will be deemed to
be deleted, and the rest of the provision will continue in effect.
(14) Exclusion
of third party rights
These terms of use are for the benefit of you and
us, and are not intended to benefit any third party or be enforceable by any
third party. The exercise of our and your rights in relation to these terms of
use is not subject to the consent of any third party.
(15) Entire
agreement
Subject to the first
paragraph of Section 8, these terms of use, together with our privacy policy,
constitute the entire agreement between you and us in relation to your use of
our website and supersede all previous agreements in respect of your use of our
website.
(16) Law and jurisdiction
These
terms of use will be governed by and construed in accordance with the law of
Victoria, Australia, and any disputes relating to these terms of use will be
subject to the exclusive jurisdiction of the courts of Victoria, Australia.
(17)
Registrations and
authorisations
We are registered with the Australian Security
and Investment Commission (ASIC). You can find the online version of the
register athttp://www.abr.business.gov.au/ . Our
Australian Business Number (ABN) is 63 156 439 468. Our Australian Company
Number (ACN) is 156 439 468.
(18) Our
details
The full name of our company is Mining Assets
Pty Ltd.
We are registered in Australia under ACN 156
439 468.
Our registered address is Level 1, 415
Riversdale Road Hawthorn East VIC 3123.
You can contact us by email to manager@miningassets.net.
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