Website Terms and Conditions
Reference anywhere on this Website (the "Site") to "Mining Plus" means, as the specific context may require, either Mining Plus Pty Ltd and all, or one or more, of its affiliated companies, subsidiaries or divisions or branches.
Last modification: January 31, 2013
ATTENTION: YOUR ACCESS TO THIS SITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THEY CONTAIN DISCLAIMERS OF WARRANTIES, REPRESENTATIONS, CONDITIONS, GUARANTEES AND ENDORSEMENTS; EXCLUSIONS AND LIMITATIONS OF LIABILITY; WAIVERS OF RIGHTS AND ACCEPTANCE OF RISKS IN RELATION TO ACCESS TO AND USE OF THIS SITE AND THE INFORMATION IT CONTAINS. BY ACCESSING AND USING THIS SITE, SUBMITTING ANY CONTENT TO THIS SITE OR DOWNLOADING ANY CONTENT FROM THIS SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE WITHOUT LIMITATION OR QUALIFICATION TO BE BOUND BY THEM AND BY APPLICABLE LAWS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS SITE, SUBMIT ANY CONTENT TO THIS SITE OR DOWNLOAD ANY CONTENT FROM THIS SITE.
The Site is owned by Mining Plus. To the extent permitted by applicable law, Mining Plus may monitor access to, use of and other activities relating to the Site, and may intervene in relation thereto but does not make any representation or warranty that it will do so. You hereby consent to any such monitoring and intervention subject to applicable law.
The materials on this Site, which may include the underlying HTML, text, images, audio clips, video clips, software and other materials (the "Content"), are provided by Mining Plus for informational purposes only. Mining Plus intends the Content on the Site to be accurate and current. Nevertheless, since the Content has been compiled by Mining Plus from a variety of sources, it is provided to you "as is" and "as available", without warranties of any kind. This Site may contain typographical errors and certain inaccuracies. Any consequence of any decision you make based on any part of the Content is your sole responsibility.
MINING PLUS ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT AND DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, GUARANTEES OR ENDORSEMENTS, WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE, TRADE USAGE OR OTHERWISE, WITH RESPECT TO THE CONTENT AND TO ANY MATTER RELATING TO THE SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, TITLE, USEFULNESS, COMPLETENESS, ACCURACY, ADEQUACY, CURRENCY, RELIABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MINING PLUS DOES NOT GIVE OR MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS, GUARANTEES OR ENDORSEMENTS TO THE EFFECT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS; OR THAT ANY SUCH PROBLEMS THAT ARE DISCOVERED WILL BE CORRECTED. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR THE REPLACEMENT OF EQUIPMENT OR DATA, MINING PLUS IS NOT RESPONSIBLE FOR SUCH COSTS.
These exclusions are in addition to any specific exclusions otherwise provided in these Terms and Conditions. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such exclusions that are not permitted do not apply and liability under any such condition or warranty which cannot legally be excluded is limited, in the discretion of Mining Plus, to: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and (b) in the case of services, supplying the services again, or paying the cost of having the services supplied again.
Links available on the Site (the "Links") will allow you to link to Websites not maintained or controlled by Mining Plus, including sites of Mining Plus's affiliated companies. Mining Plus provides these links for your convenience, and is not responsible for the contents of any linked site. Using such Links is at your own risk. Mining Plus cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for any particular purpose of any information available through the Links, and makes no representation or endorsement whatsoever about any other Website, which you may choose to access through the Site. Although Mining Plus uses all reasonable efforts to ensure that all software provided on this Site is suitable for use on a wide variety of computer systems, it is your responsibility to take all reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of any such software with your specific computer system.
IN NO EVENT SHALL MINING PLUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR OR OBLIGATED TO PAY ANY CLAIMS, LOSSES, COSTS, EXPENSES OR DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF ANTICIPATED REVENUE, PRODUCT OR CONTRACT, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THIS SITE OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, OR WITH ANY USE OF ANY CONTENT AVAILABLE OR REFERRED TO ON THIS SITE OR OF ANY MATERIALS ON ANY OTHER SITE THAT YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your sole and exclusive remedy is to discontinue using and accessing this Site.
The aforementioned exclusions and limitations shall apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions shall apply even if Mining Plus has been advised of the possibility of such claims, losses, costs or damages. Because some jurisdictions do not allow the exclusion or limitation of moral, bodily, incidental or consequential damages, Mining Plus's liability in such jurisdictions shall be limited to the extent permitted by law.
You hereby agree not to introduce into or through this Site any information or material that may be harmful to others. You agree not to include, knowingly or otherwise, any error or defect in information that may, among other things, constitute libel, slander or defamation or give rise to a criminal offence or civil liability on the part of any person or entity. You hereby warrant that information or material that you provide to Mining Plus electronically through your access to or use of this Site does not infringe the rights of any person or entity. Without limiting the generality of the foregoing, you may not:
(a) post, upload, publish, reproduce, transmit or otherwise distribute any part of the Content on this Site:
(i) in any manner that would constitute a criminal offence or give rise to civil liability or encourage conduct that would constitute a criminal offence or give rise to civil liability; or
(ii) which is protected by copyright, any other intellectual property right without obtaining the prior written permission of the holder of the right;
(b) otherwise use this Site in a manner that is contrary to law or that would adversely impact use of the Site or the Internet by other users, including posting or transmitting information or software containing viruses or other disruptive components, or sending unsolicited electronic mail.
At Mining Plus's sole discretion, Mining Plus may terminate or refuse to permit the use of this Site by any person or entity, for any reason and without notice. Mining Plus may investigate any occurrence of any of the above-mentioned violations and may involve and cooperate with law enforcement authorities in prosecuting any user involved in any such violation.
Certain statements made on the Site, which describe Mining Plus's intentions, expectations or predictions, are forward-looking and are subject to certain risks, uncertainties and therefore a number of factors that could cause the results or events predicted in these statements to differ materially from current expectations and from actual results or events. Mining Plus disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
Mining Plus either owns the intellectual property rights in the Content that is made available to you on this Site, or has obtained the permission of the owner of the intellectual property in such Content to use the Content on this Site. Except as provided in these Terms and Conditions, Mining Plus prohibits the redistribution or copying of any Content on this Site without its express written permission. Mining Plus hereby authorizes you to display on your computer, download and print pages of this Site, subject to the following provisions: (i) the copyright notice appears on all such printouts; (ii) the information will not be altered in any manner; and (iii) the Content is only to be used for personal educational and non-commercial use and will not be redistributed, broadcast or copied to any other media.
The trademarks, logos and service marks displayed on this Site (collectively the "Trademarks") are registered and unregistered trademarks of Mining Plus and of others. Nothing contained on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express prior written permission of Mining Plus or such third party as may own any Trademark. Your misuse of any Trademark or any other Content on this Site is strictly prohibited. Not all of the logos, trademarks or trade names of Mining Plus are necessarily used on this Site. The absence of any logo, trademark or trade name of Mining Plus from this Site does not constitute a waiver of any intellectual property rights of Mining Plus regarding any such logo, trademark or trade name.
Except for software expressly identified as being owned by Mining Plus, any software available for downloading through this Site is provided by third party software vendors pursuant to license agreements or other arrangements between such vendors and end-users. Mining Plus does not sell, resell, license or sub-license any such software on the Site, and Mining Plus disclaims any responsibility or liability related to the software to the extent permitted by applicable law. Any questions, complaints or claims related to the software should be directed to the appropriate vendor. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software downloaded through this Site. In the event of any express inconsistency between these terms and those contained in any license agreement with a software vendor, the terms contained herein shall prevail.
You agree at all times to defend, indemnify and hold harmless Mining Plus and its directors, officers, employees, agents and representatives from any and all claims, demands, causes of action, liabilities, costs and expenses, including reasonable attorneys' fees, sustained, incurred or paid by Mining Plus related to or arising out of (a) any violation of these Terms and Conditions by you or by any user of your account, (b) an act or omission or your negligence resulting from use of the Internet or access to any website, including this Site, by you or by any user of your account or (c) the placement or transmission of any information or other materials on this Site by you or any user of your account.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Mining Plus as a result of your use of this Site.
Mining Plus operates and controls this Site from its offices located in Australia. Mining Plus makes no representation that the Content is appropriate or available for use in any other locations. If you choose to access this Site from outside of Australia you do so through your own initiative and you are responsible for compliance with local, national and international laws, if and to the extent that such laws are applicable.
Your use of this Site and any downloads from this Site, and the operation of these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Western Australia, without giving effect to any principles of conflict of laws. All disputes, controversies or claims arising out of or in connection with the Site, including these Terms and Conditions, shall be submitted to and be subject to the jurisdiction of the courts of the State of Western Australia . By accessing and using this Site, you submit and attorn to the exclusive jurisdiction of the courts of the State of Western Australia to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site, including these Terms and Conditions.
Mining Plus reserves the right to delete, modify or supplement any Content from the Site, in whole or in part, at its sole discretion, at any time, without notice to anyone.
Mining Plus may modify, alter or otherwise update the Terms and Conditions applicable to this Site from time to time, without notice, by updating this posting. The date of the last modification will appear at the top hereof. You agree to review the Terms and Conditions each time you access and use this Site and to be bound by such Terms and Conditions as are in effect at the time when you access this Site. Your access and use of this Site constitutes irrefutable proof of your consent to be bound by these Terms and Conditions.
All rights not expressly granted in these Terms and Conditions are reserved to Mining Plus. Nothing contained in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of the Mining Plus or any other person or entity.
These Terms and Conditions apply while you are accessing the Site and remain in effect thereafter, subject to any changes referred to in the previous paragraph.
These Terms and Conditions and any other documents referenced herein constitute the entire agreement between Mining Plus and you with respect to your use of this Site. Mining Plus's failure to insist upon or enforce strict performance of any of the Terms and Conditions shall not be construed as a waiver of any of such Terms and Conditions. If any of the Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. Mining Plus and you are deemed to have agreed that these Terms and Conditions and all related documents be drafted in English only.