Terms and Conditions

About this website

This website is owned and operated by CITIC Pacific Mining Management Pty Ltd under the domain name [www.citicpacificmining.com].

Your use of the information, graphics, text, software and materials (Content) on the website is governed by these Terms of Use and our Privacy Statement. By using the  website, you agree to be bound by these Terms of Use.

In addition to these Terms of Use, other terms of use or conditions may apply to your use of specific parts of the CITIC Pacific Mining website. By using these parts of the CITIC Pacific Mining website, you also agree to be bound by these additional terms.

If you use the CITIC Pacific Mining website on behalf of your employer, a company or other legal entity, you warrant that:

(a) you have full legal authority to bind that entity to these Terms of Use; and
(b) both you and the entity on whose behalf you are entering into these Terms of Use will be bound by these Terms of Use.

Links to other websites

The CITIC Pacific Mining website may contain links to third party websites. We do not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services.

Information available on the CITIC Pacific Mining website

The  website provides general information about the Sino Iron mining project being undertaken at Cape Preston in the Pilbara region.

We do not warrant the accuracy, correctness or completeness of any of the information or services provided on the CITIC Pacific Mining website, which are provided on an “as is” basis.

We accept no responsibility for monitoring the website for inappropriate or illegal content uploaded by you or other users. Even if we choose at any time, in our sole discretion, to monitor the content, we assume no responsibility for any of the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

Availability of the website

As electronic services are subject to interruption or breakdown, access to the website is offered on an “as is” and “as available” basis. We may withdraw the website at any time and without notice to you.

Warranties

We do not guarantee or warrant the accuracy, adequacy or completeness of Content on the  website. All Content is provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice. We do not warrant that the website or any linked websites will be free from viruses or defects.

Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, CITIC Pacific Mining and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on the website, to any material on linked websites, or to your access or use of the website, howsoever caused, whether in contract, tort (including negligence), statute or otherwise.

Our liability for breach of a condition or warranty implied by law which cannot be excluded is limited to the extent possible, at our option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.

Indemnity

You indemnify CITIC Pacific Mining in respect of any liability, loss, damage, cost or expense suffered or incurred by us arising from or in connection with your breach of these Terms of Use or your use of the website.

Intellectual Property Rights

Except as otherwise provided for in these Terms of Use, all Intellectual Property rights in the website and the Content (including but not limited to all rights in respect of any trademarks and copyright material) is vested in CITIC Pacific Mining.

You receive only a licence to use the website in accordance with these Terms of Use. Except where necessary for viewing the Content on the website or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content on the website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our prior written consent.

Your obligations in this clause will remain in full force and effect notwithstanding that your access to the website is suspended or terminated.

Acceptance and changes to these Terms of Use

You acknowledge and accept that your use of the website indicates your acceptance of these Terms of Use. We may at any time vary the Terms of Use by publishing the varied Terms of Use on the website. You accept that by doing this, we have provided you with sufficient notice of the variation.

General

The law applicable to the website and to disputes arising from or in connection with the website is the law of the State of Western Australia, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia.

If any provision of these Terms of Use is invalid under the law of any jurisdiction the provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.

You may not rely on the words or conduct of CITIC Pacific Mining as a waiver of any right unless the waiver is in writing and signed by CITIC Pacific Mining.

These Terms of Use and any other terms of use expressly referred to herein contain the entire agreement between you and CITIC Pacific Mining regarding your use of the website and supersede any prior agreements between you and CITIC Pacific Mining concerning its subject matter.

Definitions

The meanings of the terms used in these Terms of Use are set out below:
Content is defined in the first section of these Terms of Use.
CITIC Pacific Mining, our, us or we means CITIC Pacific Mining Management Pty Limited (ACN 119 578 371).
Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trade marks, trade names, circuit layouts, plant varieties, business and domain names, logos and get‐up, confidential information, matter, materials or works accessible on or via the CITIC Pacific Mining website.
Terms of Use means these Website Terms of Use.
you or your means the person who accepts these Terms of Use, either personally or on behalf of an association or other legal entity and includes, if acceptance is on behalf of an association or other legal entity, the association or other legal entities’ officers, employees, members and agents.


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