TERMS OF USE

ABOUT THIS WEBSITE

This website is operated by PROJECTBANK NETWORK PTY LTD ACN 666 767 086 ("PBN") under the domain name https://www.projectbank.net and the related data room website (collectively "The Site"). The Site is operated by PBN and its related bodies corporate.

Your use of the information, graphics and materials on The Site ("Materials and information on this web site and the related data room website") is governed by these Terms of Use and the associated Privacy and Security Statement.

In addition to the terms contained in this document, there are also specific terms that form part of the Terms of Use and govern your use of, and access to, certain sections of The Site. Since you are also bound by these additional terms, you should review them wherever they are accessible to you on The Site.

If you are a European Union (EU) resident, please note that there are a number of provisions in this privacy policy that apply uniquely to you. For users based in the EU and the purposes of the General Data Protection Regulation (‘GDPR’), PBN is the data controller under the Regulation, which means that we determine the purposes and means of processing personal data for users and subscribers to the above.

DISCLAIMER

Part of The Site, the ProjectBank data room website ("Platform") and the information and materials listed on it are not, and should not be construed as being, an offer to buy or sell, or as a solicitation of an offer to buy or sell, any financial products, securities, or investments. Nor does ProjectBank sponsor, advocate, endorse, or promote any financial products, securities, or investments, and nor should it be construed as acting to do so.

The Platform does not, and shall not be construed as, making any recommendation or providing any investment advice with respect to the purchase, sale or other disposition of any financial products, securities or investments, including, without limitation, any advice to the effect that any mining or metals related transaction is appropriate or suitable for any investment objective or financial situation of a prospective investor.

Furthermore, the content of any folders or files on the Platform containing information about a specific mining project has been prepared by the mining company owning that project, without substantive changes being made to that information by ProjectBank.

Any decision to invest in the projects listed by companies subscribing to the Platform to promote their mining projects, or to invest in shares in the companies, should not be made in reliance on any of the information or materials on the Platform. Investors should instead seek advice from appropriately qualified and licensed advisers, take into account their individual circumstances, and carefully consider risks associated with such investments, before making any investment decision.

USE OF THE SITE

Equipment: In order to use The Site you will need access to the internet. You are responsible for providing all equipment required and also access to the Internet.

Quality: PBN cannot guarantee that The Site will always function without disruption, delay or errors. PBN takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

The Site contains links to other web sites operated by third parties ("Third Party Web Sites"). PBN does not endorse, or approve of the operators of Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites ("Third Party Material").

Subject to any applicable law which cannot be excluded, PBN makes no warranties or representations:

regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Web Sites; or

that Third Party Material does not infringe the intellectual property rights of any person. PBN is not authorising the reproduction of Third Party Material by linking Material on this web site to Third Party Material.

When you follow a link on The Site, material at a Third Party Web Site may be displayed in your browser framed by Material on this web site. This material is also Third Party Material for the purpose of these Terms of Use.

All offers to sell and statements relating to goods and services available on Third Party Web Sites are the responsibility of and given by the Third Party Web Site operator. In so far as such offers and statements are made on The Site, PBN expressly disclaims acting in any other respect on behalf of Third Party Web Site operators.

PBN may receive payments from operators of Third Party Web Sites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Web Site from The Site.

PRODUCT INFORMATION AND SUPPLY

Material on this web site may contain general information about PBN products and services.

Unless expressly stated otherwise, this information:

  • does not constitute an offer or inducement to enter into a legally binding contract; and

  • does not form part of the terms and conditions for PBN products and services.

For further information about a particular product or service please contact PBN directly (admin@projectbank.net).

WARRANTIES

Information supplied by the Company for inclusion in The Site is based on publicly available information, internally developed data and other sources. No independent verification of those sources has been undertaken.

While we have made every effort to ensure that information is free from error, PBN does not warrant the accuracy, adequacy or completeness of Material on this web site and The App. All information is subject to change without notice. PBN recommends that you seek independent advice before acting upon Material on The Site or Third Party Material. PBN does not guarantee that the The Site or Third Party Web Sites will be free from viruses, or that access to the The Site or Third Party Web Sites will be uninterrupted.

LIMITATION OF LIABILITY

Subject to any responsibilities implied by law and which cannot be excluded, no member of PBN is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Material on the The Site or to Third Party Material, whether in contract, tort including negligence, statute or otherwise.

Liability of any member of PBN for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at PBN’s option, to:

  • the supply of the service again;

  • the repair of the service; or

  • the payment of the cost of having services supplied again or repaired.

TERMINATION

These Terms of Use (and the agreement constituted by your use of the information, graphics and materials on The Site) and your access to The Site may be terminated at any time by PBN without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by PBN will survive termination, however, you will no longer be authorised to access The Site.

JURISDICTION

The law applicable to use of The Site and to disputes arising out of use of The Site is the law of the State of New South Wales, Australia

COPYRIGHTS AND TRADEMARKS

Copyright in The Site is owned or licensed by the PBN.

Except where necessary for viewing the Material on The Site on your mobile device, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Material on The Site and The App 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 the specific written consent of PBN.

ACCEPTANCE AND CHANGES TO TERMS OF USE

You acknowledge and accept that your use of The Site indicates your acceptance of these Terms of Use and the Privacy and Security Statement.

These are the current Terms of Use. They replace any other terms of use for The App published on the The Site to date. PBN may at any time vary the Terms of Use by publishing the varied Terms of Use on The Site. You accept that by doing this, PBN has provided you with sufficient notice of the variation. PBN reserves any rights not expressly granted in these Terms of Use.