Opaxe
Create New Account
Create New Account
1.
About opaxe
1.1.
Welcome to opaxe, (www.opaxe.com) (the
‘Website’). The Website provides:
(a)
a
map- based interface to facilitate the discovery of listed mining company announcements; and
(b)
access to opaxe's database of
mining company
data
(the 'Services’).
1.2.
The
Website is operated by opaxe Pty, Ltd, ABN 36 633 477 086, (‘us’, ‘we’, ‘our’). Access to and use of the Website, or any of its associated Products or Services, is provided by opaxe.
1.3.
Please read these Terms and
Conditions (‘Terms’, ‘Terms and Conditions’) carefully. Your use of the Site is subject to your agreement to the Terms and
to our
Privacy Policy
.
By using, browsing and/or reading the Website, this signifies that you
have read, understood and agree to be bound by the Terms. If you do not
agree with the Terms, you must cease usage of the Website, or any of
Services, immediately.
1.4.
opaxe reserves the
right to review and change any of the Terms by updating
this page at its sole discretion. When opaxe updates the Terms, it will use
reasonable endeavours to provide you with notice of updates to the Terms, including by way of updating this document and
displaying the relevant date of the update. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2.
Acceptance of the Terms
2.1.
By using/remaining on the Site, you accept the
Terms. You may also accept the
Terms by clicking to agree to the Terms where this option is made available to you by
opaxe in the Website.
3.
Subscription to
use the Services
3.1.
In order to access the
Services, you must first register for an account through the Website
(the ‘Account’). You must then purchase a
subscription (the
‘Subscription’) and pay
the
applicable fee
for the
selected Subscription (the
Subscription Fee’).
3.2.
Opaxe
has several levels of Services accessible via different Subscription Plans
3.3.
In purchasing a
Subscription, you
acknowledge and agree that it is your
responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.4.
As part of
the
registration and subscription process, or as part of
your continued use of
the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a)
Email
address
(b)
Password
(c)
Full name, company, and position
(d)
Payment details
3.5.
You warrant that any information you give to opaxe in the course of completing the registration process will always be accurate, correct and up to date.
3.6.
Once you have completed the
registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have purchased
a subscription until the subscription period
expires (the (‘Subscription Period’).
3.7.
You may not
use the
Services and
may not accept the
Terms if:
(a)
you are not of legal age to
form a binding contract with opaxe; or
(b)
you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in
which you are resident or from which you use the Services
4.
Your
obligations as a Member
4.1.
As a Member, you agree to comply with the following:
(a)
you
will use the Services only for purposes that are permitted by:
I.
the Terms; and
II.
any applicable law,
regulation or generally accepted practices or guidelines in the relevant jurisdictions
(b)
you
have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in
the immediate cancellation of
the Services
(c)
any
use of
your registration information by any other person, or third
parties, is
strictly prohibited. You agree to
immediately notify opaxe of any unauthorised use of your password or email address or any breach of
security of
which you have become aware
(d)
access and use of
the Website is limited, non-transferable and allows for
the sole use of
the Website by you for the purposes of opaxe providing the Services
(e)
you
will not use the Services or the Website in
connection with any commercial endeavours except those that are specifically endorsed or approved by the management of opaxe
(f)
you
will not use the Services or Website for any illegal and/or unauthorised
use
which includes collecting email addresses of Members by electronic or other means for the purpose of
sending unsolicited email or unauthorised
framing of
or linking to the Website
(g)
you
agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by opaxe for any illegal or unauthorised use of the Website; and
(h)
you
acknowledge and agree that any automated use of the Website or its Services is
prohibited
5.
Payment
5.1.
Where the option is given to you, you may make payment of
the Subscription
Fee by way of:
(a)
Credit Card Payment (‘Credit Card’)
5.2.
All payments made in the course of
your use of
the
Services are
made
using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which
are available on their website https://stripe.com/au/privacy.
5.3.
You acknowledge and agree that where a request for the payment of the
Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
5.4.
You agree and acknowledge that opaxe can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
5.5.
You are able to
upgrade your subscription (where applicable) at any time. You agree and
acknowledge that, should you upgrade your subscription, you are required to pay
the difference between cost of the upgraded subscription and your current
subscription before you obtain access to the upgraded subscription
6.
Refund Policy
opaxe will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of opaxe makes a decision,
at its absolute discretion, that it is reasonable to do so under the circumstances . Where
this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).
7.
Copyright and Intellectual Property
7.1.
The
Website, the
Services and
all of
the
related products of
opaxe are subject to copyright. The material on the Website is protected by copyright under the
laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or
the Services are owned or controlled for these purposes, and are reserved by opaxe or its contributors.
7.2.
All trademarks, service marks and
trade names are owned, registered and/or
licensed by opaxe, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a)
use the
Website pursuant to the
Terms;
(b)
copy and store the
Website and the
material
contained in the Website in
your device's
cache memory; and
(c)
print pages from the
Website for your own
personal and non-commercial use.
opaxe does not grant you any other rights whatsoever in
relation to
the Website or the Services. All other rights are expressly reserved by opaxe
7.3.
opaxe retains all rights, title and interest in and to the Website and all related
Services. Nothing you do on or in relation to the Website will transfer any:
(a)
business name, trading name, domain name, trademark,
industrial design, patent, registered design or copyright, or
(b)
a
right to use or exploit a
business name, trading name, domain name, trademark or industrial design, or
(c)
a
thing,
system
or process
that is the
subject of
a patent, registered design or copyright (or an adaptation or modification of such a thing, system or
process),
to you.
7.4.
You may not,
without the prior written permission of opaxe and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any
way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the
Website, which are freely available for re-use or are in the public domain.
8.
Privacy
opaxe takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to opaxe's Privacy Policy , which is available on the Website.
9.
General
Disclaimer
9.1.
Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
9.2.
Subject to this clause,
and to the
extent permitted by law:
(a)
all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(b)
opaxe will not be liable for any special, indirect or consequential loss or
damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit
or opportunity, or damage to goodwill arising out of or in connection with
the Services or these Terms (including as a result of not being able to use
the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise
9.3.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors and licensors of opaxe make any express or
implied representation or warranty about the Services or any products or
Services (including the products or Services of opaxe) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of
any of
the
following:
(a)
failure of
performance,
error, omission,
interruption,
deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b)
the
accuracy, suitability
or currency of any information on the
Website, the Services, or any of its Services related products (including third party
material and advertisements on the Website);
(c)
costs
incurred as a result of
you
using the
Website, the
Services or any
of the products of opaxe; and
(d)
the
Services or operation in respect to links which are provided for your
convenience
9.4.
opaxe takes no responsibility for the accuracy, comprehensiveness or
correctness of the data presented on the Website. The information presented are
direct extracts from company and market announcements and other informative
documents and the original full company announcements that are in the public
domain.
9.5.
Individual deposits, projects
and reports mentioned on the Website have not been assessed by opaxe for
specific points of technical compliance. For example, a company listed on the
TSX, having made public a report, stated to be compliant with NI 43-101, along
with supporting information and with a resource statement that is compiled by a
qualified person is presented on the Website as “instrument-compliant”. Errors or
omissions of specific technical matters discussed in such a report that would
jeopardise its compliance are disregarded for the sake of the representation on
the
Website. Regulation of specific points of technical
compliance is a highly debated and complicated matter and outside the scope of
this website. It is the responsibility of the relevant security exchanges and
member organisations to govern such detailed technical compliance.
9.6.
You acknowledge and agree that
you will not rely on the data presented on the Website for any commercial
purpose (including profit or gain) without appropriate independent due
diligence. You are solely responsible for any decisions that you make based on
the information.
10.
Limitation of
Liability
10.1.
opaxe's total liability arising out
of
or in connection with the Services or these
Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services
to you.
10.2.
You expressly understand
and agree that opaxe, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct,
indirect, incidental, special consequential or exemplary damages which may be
incurred by you, however caused and under any theory of liability. This shall
include, but is not limited to, any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation and any other intangible
loss.
11.
Termination of
Contract
11.1.
The
Terms will
continue to apply until terminated by either you or by opaxe as
set out below.
11.2.
If you want to terminate the Terms, you may do so by:
(a)
providing opaxe with 30 days' notice of your intention to terminate; and
(b)
closing your accounts for all of
the
services which you use, where opaxe
has made this option available to you
Your notice should be sent, in writing, to
opaxe via the 'Contact Us' link on our
homepage.
11.3.
opaxe may at
any time, terminate the
Terms with you if:
(a)
you have breached any
provision of
the
Terms or intend to breach any provision;
(b)
opaxe is required to do so by law;
(c)
the provision of the Services to you by opaxe is, in the opinion of opaxe, no longer commercially viable
11.4.
Subject to local applicable laws, opaxe reserves the right to discontinue or
cancel your membership at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the Services
without notice if you breach any provision of the Terms or any applicable law or
if your conduct impacts opaxe's name or reputation or violates the rights of those of another party.
12.
Indemnity
12.1.
You agree to indemnify
opaxe, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a)
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b)
any
direct or indirect consequences of
you
accessing, using or transacting on
the Website or attempts to do so; and/or
(c)
any
breach of
the
Terms
13.
Dispute
Resolution
13.1.
Compulsory
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses
have
been complied with (except where urgent interlocutory relief is sought).
13.2.
Notice
A party to
the Terms claiming a dispute ('D is p u t e ') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
13.3.
Resolution
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(a)
Within 30 days of
the
Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually
agree;
(b)
If for any
reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c)
The
Parties are equally liable for the
fees and
reasonable expenses
of
a mediator and
the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d)
The mediation will be held in Perth, Australia
13.4.
Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to
the extent possible, must be treated as "without prejudice" negotiations for the purpose of
applicable laws of
evidence.
13.5.
Termination of
Mediation
If 1 month have elapsed after the start of a
mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to
terminate the mediation and the
mediator must do so.
14.
Venue and
Jurisdiction
The Services offered by opaxe is intended to be viewed by residents of Australia. In the
event of any dispute arising out of or in relation to the Website, you agree that the
exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
15.
Governing Law
The Terms are
governed by the
laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating
to the Terms and the rights created hereby shall be governed, interpreted and construed
by, under and pursuant to the laws of Western Australia, Australia, without reference to
conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties
hereto and their successors and assigns.
16.
Independent Legal
Advice
Both parties confirm
and declare that the
provisions of
the
Terms are
fair and reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
17.
Severance
If
any part of
these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
10 February 2020