Terms & Conditions
Mayfair Media Operations Pty Ltd (ACN 627 513 295 ) (Company) operates and publishes the website located at www.mining.com.au (Website). The Website is a platform which publishes content (both sponsored content and news) relating to the mining and resources industry (Services).
The Company can be contacted at 6/66 Appel St, Gold Coast Queensland 4217 or via email at firstname.lastname@example.org
Use of the Website is governed by these terms and conditions (Terms and Conditions).
- THE WEBSITE
- The Website may consist of information, interactive courseware, opinions, text, graphics, animations, links, audio, video, software, photos, music, sounds, and other material and data provided by the Company, third parties or other users formatted, organised, and collected in a variety of forms including, without limitation, courses, bulletin board postings, databases, and electronic mail services.
- The Website provides information of a general nature to members of the public, and may include advanced features for registered users such as commenting on material or engaging in online collaboration.
- Compliance with Terms and Conditions
- By accessing and using the Website, you warrant and represent to the Company that you have read and understood these Terms and Conditions and you agree to comply with these Terms and Conditions. The Company may change these Terms and Conditions at its discretion and without notice. By continuing to use the Website, you accept, and agree to abide by, those amended Terms and Conditions. The Terms and Conditions are binding upon and will inure to the benefit the parties, their successors and permitted assigns.
- Breach of these Terms and Conditions may result in your access to the advanced features of the website being cancelled at the sole discretion of the Company.
- Your use of the Services
You agree to not directly or indirectly use the Website or the Services to:
- upload, post or transmit any content which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous or otherwise objectionable;
- upload, post or transmit any content which infringes the intellectual property rights of any person;
- upload, post or transmit any content which may be financial advice, provides advice which is specific or otherwise would indicate the viability or non-viability of any transaction or transactions; and/or
- interfere with or disrupt the Service or the servers operating the Services or the Website.
- Disclosures under Regulatory Guide 162
- To the extent the Website contains a forum or ability for you to comment on any content (Forum), the Website is operated in accordance with ASIC Regulatory Guide 162 (RG 162). Under RG 162 the Company is obliged to give people who view and/or post on the Forum certain warnings and disclosures.
- In accordance with RG 162.41, the Company makes the following disclosures and warnings:
- the Company does not endorse or vouch for the accuracy or authenticity of any posts by any person other than the Company (User Posts);
- no-one is permitted to make User Posts as a licensed investment adviser, or as a representative of a licensed adviser;
- User Posts are at best general information, not professional investment advice prepared by taking into account any individual circumstances and needs of particular investors. Therefore, before acting on the basis of what is said in a posting, you should:
- people making User Posts are individually responsible for the accuracy and authenticity of their User Posts;
- because of the nature of the internet, it may be hard to identify or locate the person making a User Post. The person may also be in an overseas jurisdiction, so it may be hard to take any legal action against them;
- you will have no access to ASIC-approved dispute resolution schemes to recover any losses you may suffer by relying on the User Posts;
- securities cannot be offered to you for sale or issue through User Posts on the Website; and
- it is advisable that you alert the Company or ASIC Infoline on 1300 300 630 if you have good reason to suspect that any User Posts are inaccurate, are based on inside information or are likely to mislead or deceive people who view or use the User Posts.
- In accordance with RG 162.42, the Company provides you with the following warnings in respect of any content you post User Posts on the Website:
- You are personally responsible for your User Posts (including any alterations that you make to postings). Therefore, you should not include any misleading or deceptive information in your User Posts and not carry out illegal or unauthorised activities using the Website. Information in postings may, where appropriate, be made available to ASIC. ASIC and people acting on such information may take action against you.
- If you include hyper-links to other websites, you may be seen as endorsing the material on such linked websites. It may be advisable to you to warn people accessing other linked websites that you do not endorse or take responsibility for material in the linked websites.
- If you own or have some other interest in a security, or you have any connection with a securities issuer that you might benefit from, you must disclose that fact. For example, you may be entitled to receive direct or indirect commissions, fees or other benefits from a financial product or service provider; or you may be associated with a particular securities issuer such as by being an employee or director of a securities issuer. If so, you must disclose that fact in your User Posts.
- If we find or reasonably suspect that you are making illegal or unauthorised User Posts, your right to make User Posts will be withdrawn.
- No one is permitted to make User Posts on the Website in their capacity as a representative of a holder of an Australian Financial Service Licence (AFSL) or as an Authorised Representative of a holder of an AFSL. By accepting these terms or by lodging a User Post, you confirm that you will not make User Posts in their capacity as a representative of a holder of an AFSL or as an Authorised Representative of a holder of an AFSL.
- disclaimer about the services
- The Website and the Company and its affiliated companies accept no responsibility for any claim, loss or damage as a result of information provided on the Website or the accuracy of any information. The information provided is general in nature and is not financial product advice. Your personal objectives, financial situation or needs have not been taken into consideration in the preparation of any content contained on the Website. You should take reasonable care and seek financial and accounting advice before making any investment decisions.
- You acknowledge that no posts on the Website are prepared or delivered in the capacity as a representative (authorised or otherwise) of an AFSL holder.
- Your use of the Services and the Website is at your sole risk. The Services are provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- The Website may contain content which is as a result of a paid partnership between the Company and an advertiser which may include content which is presented as news. The Company may be paid for the publication or promotion of this content and the Company may receive a commission based upon the success of that paid partnership content including a commission on funds which have been raised.
- The Company does not warrant that functions contained in the Website content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or the server that makes it available, are free of viruses, malicious computer code or bugs.
- Information on the Website has been compiled for general information purposes only and without taking into account your objectives, financial situation or needs and you should not act or fail to act on the basis of it. The Company does not guarantee the accuracy, completeness, reliability or timeliness of the Website or any reports or services provided through it and, to the extent that it is not required by law, it is not obliged to update the Website or correct any inaccuracies which may become known to us.
- To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise are excluded. Liability of the Company, for any breach of a term or condition implied by law is limited at the Company’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
- Financial product advice
- Unless otherwise expressly stated, the information provided on the Website is factual information. It is not intended to imply any recommendation or opinion about a financial product and should therefore not be considered to be financial product advice.
- The Company does not hold and are not authorised under an AFSL to provide financial product advice. Before acquiring any financial product you should obtain appropriate and specific advice to your situation and review any product disclosure statements or other disclosure documents relevant to the financial product.
- Any information provided on the Website is of a general nature only and has been prepared without taking into account your personal objectives, financial situation or needs and as such, you should before acting on the information or advice, consider the appropriateness of the information in relation to your objectives, financial situation or needs.
- You understand that in certain circumstances we or our associates may have received, or be entitled to receive, financial or other consideration in connection with providing information about Companies and other entities on the Website and in communications otherwise provided to you. There may be a conflict of interest present with our commercial arrangements with these companies and other entities.
- For information of Australian RESIDENTS only
The Website is provided for the information and use of Australian residents only. The use of the Website in jurisdictions outside Australia may be restricted by law. Any person who uses the Website outside of Australia should inform themselves about and observe any such restrictions. Any failure to comply with these restrictions may constitute a violation of applicable securities laws. The Website is not intended to be made available in any place in which, or to any person to whom, it would be unlawful for the Website to be made available.
- THIRD PARTY LINKS
- The Website may include third party content which is subject to that party’s terms and conditions of use. Nothing on this website should be construed as granting any licence or right for users to use that content. Users should consult the third party’s terms and conditions of use in relation to any third party content.
- The Website includes links to third party websites which are not related to the Company and in relation to which the Company has no control or interest. Links to third party websites do not constitute any endorsement or approval of those websites or of the owners of those websites.
- The Company is not responsible for the accuracy of information contained on other websites accessed by links from this website and makes no warranties that the information contained on this website or any links from this website are free of infection by computer viruses or other contamination.
- dealings with advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website or the Services, including by content published on the Website, are solely between you and such advertiser. The Company will not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings, including by payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, or as the result of the presence of such advertisers on the Website.
- ONGOING OBLIGATIONS
These Terms and Conditions, as modified by the Company from time to time, will apply to you for so long as you access the Website or use the Services. Any clause of these Terms and Conditions which by its nature or effect is intended to continue to apply to you after you stop accessing Website or using the Services, is capable of doing so, or is expressly stated to do so, and will continue in full force and effect after you stop accessing the Website or using the Services.
- no resale of services
You agree not to directly or indirectly (or procure or cause any other person to) use, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services or the Website. You further agree that you will not sell, trade, resell or exploit for any commercial purposes your use of the Services or access to the Services.
- You may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms and Conditions operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law (as set out in Schedule 2 to the Consumer and Competition Act 2010 (Cth)) or any other statute where to do so would contravene that statute, or cause any term of this agreement to be void (Non-excludable Obligations).
- Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded these Terms and Conditions.
- company content
- The Company grants to you a limited non-exclusive right to access and use the Website and all other content and material associated with the Website which are owned by the Company (and for the avoidance of doubt includes the copyright and other intellectual property rights in the text, graphics, videos, information, designs, data, logos, brand names and other content incorporated into the Website) (Company Content) for the purposes of using and enjoying the functionality of the Website and the Services (Access Right). The Access Right ends after you stop using the Website or these Terms and Conditions otherwise cease or are terminated.
- Material appearing on this website is subject to copyright vested in the Company or third parties. All content on this website is protected by Australian and International copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
- Apart from any use as permitted under the Copyright Act 1968 (Cth), all other rights are reserved
- You must not copy or reproduce the Company Content or any other element of the Website by any means or in any form without the Company’s prior written consent, except to the extent strictly required for you to access and use the Website. You are solely responsible for your use of the Company Content and must ensure that the Website is protected at all times from misuse, damage, destruction or any form of unauthorised use. You acknowledge that in the event that the Company modifies, enhances, update or upgrades any other part of the Website, these Terms and Conditions apply to that Website part.
- Requests and inquiries concerning reproduction and rights should be addressed to email@example.com.
- CONTRIBUTING CONTENT
- If you submit content for the Website in any format, including text, photographs, graphics, video or audio (User Content), you grant the Company an irrevocable, non-exclusive, royalty-free, perpetual licence to publish that content on the Website. You acknowledge that content submitted by you may be accessible by the public through the Website.
- You agree that the Company may use User Content in any way, now and in the future. The Company also reserves the right not to use or publish on the Website any User Content.
- You warrant that you have all of the necessary rights, including copyright, in any User Content, that the User Content is not defamatory and that it does not infringe any law. You further warrant that the User Content they contribute complies with any relevant professional obligations.
- You waive any moral rights in your User Content for the purposes of its submission to and publication on the Website.
- The Company does not provide any protection as against third parties to the intellectual property in any User Content submitted. By submitting User Content, you warrant that you have all necessary permissions and licences for the use of the User Content and you agree to indemnify the Company against any loss, liability, claim or demand (including legal fees) claimed by any third party arising from a breach of that warranty or these Terms and Conditions.
- COLLABORATION SPACES AND USER SUBMITTED CONTENT
- You acknowledge that the Website is created, managed, and administered by the Company and may provide opportunities for registered users to post comments and collaborate with other users. However, the Company is not responsible for, or adopts as a statement of its own, content posted by other users, such as comments or other material.
- You recognise that the Company cannot and does not intend to screen communications in advance, nor does it exercise any control in advance whatsoever over the content of the information passing through the Website submitted by users.
- Notwithstanding the above, the Company may monitor the content of the website from time to time and may remove any content it deems to be inappropriate or unacceptable to protect itself and users.
- INTELLECTUAL PROPERTY
- Unless otherwise indicated, the Company owns the Company Content. All rights (including but not limited to intellectual property rights) in the Services, Website and Company Content will remain the property of the Company in all respects, regardless of whether or not such modifications or alterations were authorised by the Company (pursuant to these Terms and Conditions, or otherwise). All trademarks appearing on the Website belong to their respective owners.
- You acknowledge that the grant of the Access Right and these Terms and Conditions do not include any transfer of title or ownership to you of any rights in the Services, Website and the Company Content (including any associated intellectual property rights, which include but are not limited to rights of copyright).
- Entire Agreement
These Terms and Conditions set out the entire agreement between you and us in relation to your use of the Website and the Service.
- Waiver and Severability
- A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
- If any part of these terms is held to be invalid, illegal, or unenforceable, that part will be severed and the remaining parts of these terms will continue in force.
- Updates and Amendments
- The Company may from time-to-time and at its discretion amend these Terms and Conditions and publish updated Terms and Conditions on the Website. Your continued use of the Website and the Service will be subject to any updated Terms and Conditions.
- The Company may discontinue the availability of the Service, change how you may access the Website or the Service or modify, suspend or discontinue your access to the Service or Website without prior notice to you.
- Governing Law
These Terms and Conditions are to be governed by and construed in accordance with the laws of State of Queensland, Australia. If any terms of the Terms and Conditions conflicts with the provisions of any legislation of the Commonwealth of Australia or any State, that legislation will prevail. The Website may be accessed from outside Australia. The Company makes no representation that the Services or Company Content available through the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.