Miners Data Terms of Service

 

Miners Data User and Account Terms and Conditions. 1

Use of Information. 1

User Right to MINERS DATA.. 2

Your obligations. 3

Important Disclaimers Regarding Data, Information & Securities. 4

Our Proprietary Rights. 4

Subscription Fee & Payment. 5

Auto-Renewal and Cancellations. 6

Our Right to Terminate your Subscription. 6

Termination of Your Subscription. 7

Free Services. 7

Paid Services. 7

Disclaimer of Warranties. 7

Limitation of Liability. 8

Indemnification. 9

Confidentiality. 9

Governing Law.. 10

Contact Information. 10

 

Miners Data User and Account Terms and Conditions

 

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.

 

Use of Information

 

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.

 

User Right to MINERS DATA

 

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.

 

Your obligations

 

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.

 

Important Disclaimers Regarding Data, Information & Securities

 

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. 

 

 

Our Proprietary Rights

 

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.

 

Subscription Fee & Payment

 

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.

 

Auto-Renewal and Cancellations

 

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. 

 

Our Right to Terminate 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.

 

Termination of Your Subscription

 

The following terms apply in the event that you would like to terminate your subscription to MINERS DATA.

Free Services

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

Paid Services

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.

 

Disclaimer of Warranties

 

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.

 

Limitation of Liability

 

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.

 

Indemnification

 

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.

 

Confidentiality

 

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.

 

Governing Law

 

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.

 

Contact Information

 

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.