Miners Data User and Account Terms and
Conditions
Important Disclaimers Regarding Data, Information & Securities
Auto-Renewal and Cancellations
Our Right to Terminate your Subscription
Termination of Your Subscription
Please read these Terms & Conditions (the “Terms”) along with the
Privacy Policy carefully before using or subscribing to MINERS DATA. If you do
not agree to these Terms or our Privacy Policy, please do not use our Services.
Our Services include (but is not limited to) information delivered via free
content made available on or through email, MINERS DATA website ((www.minersdata.com) and other
platforms as well as paid content which you pay for through a subscription and
our proprietary data and software. Platforms include information technology
systems in the public domain as well as the ones created by us, including those
hosted on our website or any other website, platform, or application nominated
by us from time to time, and any associated services, software, networks or
processes.
We may revise these Terms from time to time without prior notice. If we
change these Terms, a link to the revised version will be posted on MINERS DATA
website and the effective date will be noted at the top or bottom of the Terms.
You should review the Terms periodically for changes. Your use of the
Services after such changes to the Terms signifies your acceptance of the
revised Terms.
1.
We implement a variety of
security measures when a user subscribes or places an order to maintain the
safety of your personal information.
2.
All transactions are processed
through a gateway provider and are not stored or processed on our
servers.
3.
MINERS DATA collects limited
personal information in the process of verifying your identity when subscribing
to MINERS DATA.
4.
Such information includes name
and email address.
5.
The release of limited
personal information to outside parties is needed to validate against fraud in
the case of subscription payments, verify access to the subscriber’s section of
the web site and allow our credit card processing company to charge the
appropriate credit card.
6.
If you enable any
third-parties applications in conjunction with our Services, you agree to your personal
and all other information being communicated to third-parties through the Services.
You also agree that your personal and all other date may be accessible by those
third-parties applications in order for such applications to functions
correctly. You will be bound by the terms of such third-parties providers
regarding the use of your personal information and all other data and we will
not be held responsible for the disclosure, modification or deletions of the personal
information and all other data by such third-parties applications.
7.
You agree that we may refer to
you, your business name, publish your logo and/or trademarks (if any) and refer
to you as a customer of ours in any communications or publications for the
purposes of marketing or promoting our business. You may revoke this consent at
any time by writing to us at support@minersdata.com.
1.
Portions of MINERS DATA may be
accessed only with a User ID and Password.
2.
You agree that such access to
the MINERS DATA site will be limited to the named subscriber only.
3.
You agree further that you
will not, under any circumstances, allow your USER ID or PASSWORD to be used by
any other person.
4.
You will not:
a. modify our Services or merge any aspect of the Services with another
programme.
b. record, reverse engineer, copy, duplicate, reproduce, create derivate works
from, frame, download, display, transmit or
distribute any of the Services including the source code of the Software or any
documents provided with the Software.
c. licence, sell, rent,
lease, transfer, assign or otherwise commercially exploit the Services.
d. engage in unlawful
behaviour, including unauthorised access to or use of our Services including
any attempt to probe, scan or test the vulnerability of our Services or to
breach security or authentication measures.
e. access, store,
distribute or transmit:
i. viruses, worm, trojan or
other malicious code that corrupts, degrades or disrupts the operation of our
Services.
ii. material that is
unlawful, unethical, harmful, threatening, defamatory, obscene, infringing,
harassing or racially or ethnically offensive or a contravention of the rights
of any third-parties.
iii. material that
facilitates illegal activity.
iv. material that abuses or
causes damage or injury to any person or property.
v. provide Service login
details or passwords, or otherwise provide access to the Services, to any
unauthorised third-parties and you will take all reasonable steps to prevent
unauthorised access to, or use of, the Services.
vi. share any features of
the Services that are not publicly available with any unauthorised third-parties.
vii. engage in any conduct on
the Services that is in breach of these Terms.
5.
All rights granted to you under these Terms must not be
leased, assigned, sold, licensed, resold or transferred to any third-parties in
any manner whatsoever. You must not in any way encumber or allow the creation
of any mortgage, charge, lien or other security interest in respect of the Service.
6.
Any breach of this clause constitutes a breach of these Terms,
and we may, at our absolute discretion, terminate or suspend your access to,
and/or use of, the Services, and/or take further legal or otherwise actions
against you for breach of these Terms.
7.
Any unique customisation of the Services may incur additional
Subscription Fee and be subject to separate terms and conditions.
1.
While using the Services, you
must not:
a. misuse any part of the Services by introducing viruses, trojans or other
material that is malicious or technologically harmful.
b. attempt to gain unauthorised access to any part of the Services or the
server on which the Services are stored, or any server, computer or database
connected to the Services.
c. engage in any activity that interferes with or disrupts the Services.
d. attempt to circumvent, disable or otherwise interfere with any
security-related features of the Services or any features that prevent or
restrict the use or copying of any content or enforce limitations on the use of
the Services or the content of the Services.
e. engage in any abusive, derogatory, threatening, harmful, vulgar, profane,
obscene, violent or ethically objectionable behaviour.
f. breach any other person’s personal information, privacy or publicity
rights, or breach a duty or obligation of confidence.
2.
You acknowledge that our
ability to be able to provide the Services to you without delay or interruption
is dependent on your full and timely cooperation. You will:
a. co-operate with and assist us in the supply of the Services.
b. promptly provide us with full and accurate information, data and
explanations as and when required, including without limitation with respect to
personal information.
c. comply with all applicable laws, regulations and industry standards with
respect to your activities and obligations under these Terms.
d. ensure that your network and systems comply with the relevant
specifications and guidelines provided by us from time to time.
e. comply with all reasonable directions and guidelines from us as advised
from time to time.
3.
You must procure all necessary
rights from third-parties, which are from time to time required in order for us
to be able to provide the Services, to you.
4.
We may contact you by email or
provide you with information by posting notices on the Website. It is your
responsibility to ensure that you have correct contact details registered with
us, that you give us written notice of any changes to your contact details, and
that you check your nominated email address regularly for any correspondence.
5.
The Services may contain links
to other websites. Those links are provided for convenience only and may not be
current. Any hyperlinks or banners advertising other websites on the Website,
or external websites that advertise our Services, are not subject to our
control or privacy standards, policies and procedures. We will not be
responsible for the content or privacy practices associated with such linked
websites and we recommend that you make your own enquiries as to the privacy
and other policies of those third-parties.
6.
You must take precautions to
ensure that when accessing the Services, you do not expose your
telecommunications or computer systems to viruses, malware or other forms of
interference that may damage your telecommunications or computer systems. We
are not responsible for any such damage to your telecommunications or computer
systems which may arise in connection with your access to the Services.
7.
If you fail to comply with
these Terms, we may, in our absolute discretion and without liability:
a. immediately, temporarily or permanently withdraw your right to access and
use the Services, including deletion of your account.
b. take any other legal action against you.
c. refer or report any suspected fraudulent, abusive or illegal activity to
relevant law enforcement authorities.
1.
Although MINERS DATA material
is based upon information that we consider reliable and current, we have not
verified this information and do not represent that this material is accurate,
current, or complete, and it should not be relied upon as such.
2.
The opinions expressed in are
those of the publisher and are subject to change without notice.
3.
The information may become
outdated, and we have no obligation to update it.
4.
Any and all the information we
provide is not financial advice. You are advised to discuss with your financial
advisers your investment options and whether any investment is suitable for
your specific needs prior to making any investments.
5.
Furthermore, you acknowledge
that the content published on the Site does not constitute a recommendation
that any particular security, portfolio of securities, transaction or
investment strategy is suitable for any specific person. You understand that an
investment in any security is subject to several risks, and that discussions of
any security published on MINERS DATA may not contain a list or description of
all relevant risk factors.
6.
MINERS DATA employees,
managers, members, officers, family, and associates of the foregoing may from
time to time have positions in the securities described in the material
published within MINERS DATA.
7.
All material published with
MINERS DATA has been prepared for informational and educational purposes only
without regard to one’s individual investment
objectives, suitability, financial situation or means.
8.
Information published is not
intended to constitute or induce individual investment.
1.
The content distributed
through MINERS DATA, its copyrights, trademarks and other rights
therein, are the property of MINERS DATA.
2.
You acknowledge and agree that
you do not acquire any ownership rights by using the Services.
3.
You agree that you will not
copy, republish, upload, post, transmit, distribute, sell or otherwise send to
others via email or any other medium any content made available from MINERS
DATA.
4.
No portion of any publication
made available through our Services may be extracted, summarized or reproduced
without permission of MINERS DATA.
5.
Unauthorized use, reproduction
or rebroadcast of any content of MINERS DATA, to any person or entity in any
manner, is prohibited and shall be considered an infringement and/or
misappropriation of our proprietary rights.
6.
All rights, title or interest
in and to the Services and any information or technology that may be provided
to, or accessed by, you in connection with your use of the above is owned, and
will remain owned, by us. Using the Services does not transfer any ownership or
rights, title or interest in and to the Services.
7.
All Intellectual Property
Rights discovered, developed or otherwise coming into existence as a result of,
for the purposes of, or in connection with, the Services will automatically
vest in, and are assigned to, us, including any enhancements, improvements and
modifications to the Services.
8.
You must not represent to
anyone or in any manner whatsoever that you are the proprietor of any of our
Services.
1.
You will pay us the
Subscription Fee to access and use the Services in accordance with these Terms.
2.
The Subscription Fee is inclusive
of GST and, unless stated otherwise, are in Australian Dollars.
3.
Unless otherwise specified by
us, your Subscription starts on the date you register an account and submit
your payment details, and your Subscription Fee will be billed immediately when
you provide and confirm your payment information.
4.
Unless we otherwise
communicate a different time period to you at the time you create an account or
otherwise, each subscription cycle is either one (1) month or one (1) year in
length, as selected by you.
5.
Your Subscription
automatically renews after each Subscription Cycle and we will automatically
bill the Subscription Fee via a payment service provider (such as Stripe),
unless your Subscription is cancelled or terminated.
6.
In the event your Subscription
is cancelled we will cancel all future payments of the Subscription Fee, and
you will not be charged for the next Subscription Cycle.
7.
In the event your Subscription
began on a day not contained in a given month, we may bill for the relevant
Subscription Cycle on another day in the applicable month as we deem
appropriate.
8.
Subscription Fees displayed on
or via the website are subject to change from time to time.
9.
Where we adjust the pricing of
the Subscription Fee. We will provide at least 14 days’ notice of a price
increase before it becomes effective (other than any increases due to legal or
tax requirements such as the application of GST) by posting a notification on
the Site or sending an email or any such other means as we reasonably
determine. If you do not cancel your Subscription, you will be deemed to have
accepted these new fees.
10.
You agree and acknowledge that
we will treat an electronic instruction as authentic and are under no
obligation to investigate the authenticity or authority of persons issuing or
transmitting such electronic instructions, or to verify the accuracy and
completeness of such electronic instructions.
11.
If payment of the Subscription
Fee is not received by any due date, as specified to you via the Services, we
will be entitled (without prejudice to any other right or remedy available to
us under these Terms or at law) to:
a. withhold provision of the Services or suspend your access to any or all of
the Services, until payment of the outstanding amount is received by us in full.
b. terminate these Terms.
12.
Payment processing services
for access to, and use of the, the Services, are provided by a payment service
provider (such as Stripe) and are subject to their Agreement, which includes
their Terms of Service and any other relevant agreements. By placing an order
and using a payment service provider (such as Stripe) to process payments you
agree to be bound by their Services Agreement, which may be modified by them
from time to time. As a condition of enabling payment processing services
through a payment service provider (such as Stripe), you agree to provide us
with accurate and complete information about you and your business, and you
authorise us to share it and transaction information related to your use of the
payment processing services provided the payment service provider (such as Stripe).
13.
You will make all payments for
the Subscription Fee without any deduction for tax unless a tax deduction is
required by law. If you are required to make a tax deduction by law, the amount
due will be increased to the amount that (after making the tax deduction) upon
deduction of the amount attributable to tax equals the amount which would have
been due if no tax deduction had been required.
1.
All of our subscription
membership renews automatically at the end of each subscription cycle.
2.
If you wish to cancel your
membership, simply log on to your account to cancel your auto renewal and we
will turn off auto-renewal.
3.
You will continue to have
access until the end of your current billing period, after which time you will
be converted to a Free member of our site.
4.
Unsubscribing from our
newsletter service or by clicking on the unsubscribe button on the bottom of any
of our distributed emails will not cancel your subscription.
1.
We reserve the right to
terminate your subscription to MINERS DATA at any time at our sole discretion.
2.
If we do so, we reserve the
right to decide whether to issue a refund to you pro-rated of the amount of the
subscription payments you previously paid which relate to the remaining
subscription period.
3.
Termination of your
subscription to MINERS DATA may result from your violation of these Terms or
any unauthorized use or reproduction or rebroadcast of any of our publications
or information contained within MINERS DATA website and email distribution.
The following terms apply in the event that you would like to terminate
your subscription to MINERS DATA.
1.
You may terminate receipt of
any of our Free Services at any time by sending us a request to remove yourself
from the relevant distribution list.
2.
Every email notification you
receive will include a link for you to remove yourself from the distribution
list.
3.
If you feel you have been
signed up incorrectly and do not wish to have access to the Free Service
publications, you can remove yourself from the list by clicking that link or
sending an email request to support@minersdata.com
1.
Nothing contained in these
Terms excludes, restricts or modifies the application of any condition,
warranty or other obligation, the exercise of any right or remedy, or the
imposition of any liability under the Competition and Consumer Act 2010 (Cth)
or any other national, state or territory legislation (the “Acts”) where to do
so is unlawful.
2.
Without limiting our
obligations or your rights under law (including the Australian Consumer Law),
the Subscription Fees is non-refundable.
1.
To the maximum extent
permitted by law, no further warranty, condition, undertaking or term, express
or implied, statutory or otherwise as to the condition, quality, performance or
fitness for purpose of the Services provided hereunder is given or assumed by
us other than as required at law. You acknowledge and agree that the Services is
provided on ‘as is’ basis and that you will make your own investigations into
whether or not the is fit for your purposes.
2.
To the fullest extent
permitted by applicable law, we, our officers, managers, members, employees,
affiliates and agents disclaim all warranties, express or implied, including
but not limited to implied warranties of title, non-infringement,
merchantability and fitness for a particular purpose or use, and all warranties
relating to the accuracy or completeness of any information contained in the
Services.
3.
We make no representations,
warranties or guarantees:
a. that content available on, or produced by or via, the Services is accurate,
complete, reliable, current, error-free or suitable for any particular purpose.
This content is provided on an ‘as is’ basis and you acknowledge and agree that
you exercise absolute discretion in choosing how to use this content.
b. as to the availability of the Services is or will be free from viruses,
worm, trojan or other malicious code. You are responsible for taking your own
precautions in this respect.
4.
Your use of the Services and
the information contained therein are entirely at your own risk. No opinion,
advice or statement made in our Services or otherwise shall create any
warranty.
5.
MINERS DATA is not providing
tax, legal, insurance or investment advice, and nothing on the website shall be
construed as an offer to sell, a solicitation of an offer to buy, or a
recommendation for any security by MINERS DATA.
6.
You alone are solely
responsible for determining whether any data, information, investment, security
or strategy, or any other product or service, is appropriate or suitable for
you based on your investment objectives and personal and financial situation.
7.
You should consult a lawyer or
tax professional regarding your specific legal or tax situation.
8.
Neither us nor our officers,
managers, members, employees, affiliates and agents will have any liability,
contingent or otherwise, to you or to third-parties, or any responsibility
whatsoever, for the failure to maintain your access to the Services, or for any
interruption or disruption of such access.
9.
We shall have no liability,
contingent or otherwise, to you or to third-parties, for the correctness,
quality, accuracy, timeliness, reliability, performance, continued
availability, completeness or delays, omissions, or interruptions in the
Services.
10.
We will use reasonable
endeavours to provide constant, uninterrupted access to the Software, but with
any software-based product, this cannot be guaranteed. We will not be
responsible or liable for any direct or indirect losses or damages suffered or
sustained by you as a result of, or in connection with, any interruption or
delay in accessing and using the Software.
11.
Under no circumstances shall
we be held liable for any delay or failure in performance or other default or
damage where such has been caused by acts of nature, forces, or causes beyond
our reasonable control including, without limitation, Internet failures,
computer equipment failures, telecommunication equipment failures, electrical
power failures, an act of God, war, major disaster, terrorism, third-parties
criminal acts, insurrection, riot, flood, earthquake, fire, strike, lockout or
other labour disturbance, delay by carriers, shortage of fuel, power, materials
or supplies, operation of statutes, laws, rules or rulings of any court or
government, non-performance of third-parties or any other cause beyond our
control.
1.
In no event will we be liable
to you or any third-parties for any:
a. loss of profits, revenue, goodwill or business, business interruption,
corruption, loss or alteration of data, downtime costs, loss of use, failure to
realise anticipated savings or for any indirect or consequential loss or damage
of whatsoever nature, however caused.
b. breach by you or any third-parties of the Intellectual Property Rights of a
third-parties or any laws, regulations or any relevant industry codes.
c. viruses, worm, trojan or other malicious code introduced into, or
transmitted to, you or any third-parties during the course of using the Services.
d. loss of or damage to any property belonging to you or any third-parties or
any personal injury or death arising out of or in connection with these Terms.
2.
Your sole remedy for
dissatisfaction with the service is to stop using it and seek a refund per the
terms described in the paid service section.
3.
You assume sole responsibility
for your use of the Services (including any content contained therein) and for
any reliance on, and use of, conclusions drawn from such use.
4.
We will have no liability for
any losses suffered or any damage caused by errors or omissions in any
information or instructions provided to us by you in connection with the Services
or any actions taken by us at your direction.
5.
To the extent permitted by
law, we will not be liable for any loss, expenses, liabilities, costs or damage
caused by viruses, system failures or other technologically harmful material
that may infect your computer equipment, programs, data or other material due
to your use of any part of the Services or any website linked to these. We
recommend you ensure you have up-to-date virus checking software installed.
6.
To the extent permitted by
law, we are not responsible for dealing with, and not liable for, any disputes
or complaints made by you in relation to your dealings with any third-parties
you interact with as a result of accessing our Services. You should address
such complaints directly with those third-parties.
7.
Our total liability to you or
any third-parties (whether based on warranty, contract, tort, statute,
misrepresentation or otherwise) arising out of, or in connection with, these
Terms, for any one event or a series of related events, will be limited to the
total Subscription Fee paid by you to access and use the Services in the
Subscription Cycle immediately prior to the event(s).
8.
The parties acknowledge that
the limitations of liability contained in this clause are a fair and reasonable
allocation of the commercial risk between the parties.
9.
This clause survives
termination or expiry of these Terms.
1.
To the fullest extent
permitted by law, you agree that you waive, release, discharge and relinquish
any and all claims that you have now or may have against us which are connected
with, arise out of, relate to or are incidental to the provision of the
Services.
2.
You agree to indemnify and
hold us, our related legal entities and our officers, directors, employees and
contractors (collectively, the “Indemnified”) harmless from and against any and
all claims, actions, demands, proceedings, liabilities, losses, damages,
expenses and costs that may be brought against the Indemnified or which the Indemnified
must pay, sustain or incur as a direct or indirect result of or arising out of:
a. breach by you of any of your obligations under these Terms.
b. loss of, or damage to, any property belonging to you or any third-parties or
any personal injury or death arising out of or in connection with these Terms.
c. breach of any third-parties Intellectual Property Right.
d. breach by you of any law (including Privacy Laws).
3.
This clause 12 survives
termination or expiry of these Terms.
1.
Each party agrees not to use
or disclose confidential information received or disclosed to it by the other
party in the negotiation or operation of these Terms, save for such use or
disclosure necessary and required to perform their respective obligations under
these Terms.
2.
Disclosure will be, in any
event, only made to the receiving party's employees, officers, agents or
contractors to whom it is necessary to do so and who are directly involved in
performing the receiving party's obligations.
3.
In making disclosure to
persons as permitted under this clause, the receiving party will ensure that
persons receiving the disclosing party’s confidential information will comply
with the same obligations regarding confidentiality as that of the receiving
party.
4.
Information is not to be
regarded as confidential, and the receiving party will have no obligation
regarding confidentiality, where that information is already in the public
domain or enters the public domain through no fault of the receiving party, is
received from a third party without any obligations of confidentiality, is used
or disclosed with the prior written consent of the disclosing party, is
disclosed in compliance with a legal requirement or is independently developed
by the receiving party.
5.
Any confidential information
held by a receiving party will be returned to the disclosing party or destroyed
at the written request of the disclosing party.
1.
These Terms shall be governed
by and construed in accordance with the laws of Queensland (a state within
Australia) without giving effect to any principles of conflicts of law.
2.
You and we irrevocably consent
to the sole and exclusive jurisdiction of the state courts located in Brisbane,
Queensland in connection with any action, suit or other proceeding arising out
of or related to these Terms or your use of anything with MINERS DATA.
3.
You and we waive any objection
based on lack of personal jurisdiction, conflict of laws, place of
residence, improper venue or forum non convenience in any such action.
If you require further information regarding our
Privacy Policy or wish to make a privacy complaint, please contact us at support@minersdata.com.
Miscellaneous
We reserve the right to modify this Privacy Policy
in whole or in part from time to time without notice and amendments will be
effective immediately upon posting of the amended Privacy Policy on the Miners
Data website.